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Joshua
Joshua, Lawyer
Category: Law
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Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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. Back in February we hired the services of a haulage

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Hello. Back in February we hired the services of a haulage company to deliver goods to the states of Jersey. The company promised to make the delivery which was time sensitive on a specific day of which it did not honour. As a consequence we incurred a lose of over £3000 due to having to pay wages & hotel fee's/ additional car hire.
We contacted the haulage company and complained, consequently the company washed their hands of any liability which has obviously caused stress.
We owe the company a small amount of money for the delivery that they did not honour & we feel it not unreasonable to withhold payment due to the lose incurred.
I understand that there was a case "Hadley v Baxendale which sets a precedence for a similar claim. Can you advise if we have the following.
1. A valid claim/recourse to sue for damages for our loses.
2. A valid reason to withhold payment.
Many thanks
Shaun Hughes
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask is it clear from your negotiations prior to instructing them that the time and date of delivery was crucial please?If so do you have a written evidence trail of this - e.g. an email exchange?Alternatively is there a written contract which provides for time sensitive delivery making "time of the essence" or otherwise providing for what timeframe the delivery may be made within?
Customer: replied 2 years ago.

Hello Joshua

Apologies for the slow response, a lot going on today. What we have is an email thread showing our correspondence.






From: Nigel Dutson <*****@******.***>
Date: 2 March 2015 18:36:09 GMT
To: "*****@******.***" <*****@******.***>
Subject: RE: Jersey






Good evening

I am sorry there were delays in this shipment, however I am afraid there is no cover in place for such delays. The only cover is those of the Road haulage association 2009 which cover the goods for loss and damage. I am afraid this is a matter you will have to take up with your own insurers

Regards ***** *****

From: *****@******.*** [mailto:*****@******.***]
Sent: 25 February 2015 12:37
To: Nigel Dutson
Subject: Re: Jersey



Good Morning Nigel,





Re materials arranged to delivery to Jersey last Friday 20th Feb 2015, understand it has been delayed several times and now has arrived Jersey and with us today.






Due to late delivery, it has cost us extra £3630.00 (please see below break down for your reference).




Wages: 3 man x 8 hours per day x £16.50 per hour = £396 x 5 days =£1980




Machine Hire: £90 per day x 5 days = £450




Food Allowance, £20 per man per day x 3 man x 5 days = £300




Accommodation: £50 per man per day x 3 man x 5 days = £750




Car Hire: £30 per day x 5 days = £150




Total: £3630.00






We would like to dispute the charges for this delivery and request a compensate for our financial damage due to late delivery.






Please confirm safe receipt of this message and advice re above.






Many thanks.
Best regards,




Jing








On 23 February 2015 at 09:52, *****@******.*** <*****@******.***> wrote:




Hi Nigel,





Please make sure it will delivery tomorrow am to Jersey.






Thanks,




Kind regards,




Jing






On 23 February 2015 at 08:33, Nigel Dutson <*****@******.***> wrote:





Good Morning

I am really sorry but we have messed up here in Bristol. Our IT is being changed and your shipment has got missed off the loading manifest. We have corrected the error and it is being loaded as we speak but I am afraid you will not see the goods until tomorrow late morning.

Again, many apologies

Regards Nigel




From: Neil Harris [mailto:*****@******.***]
Sent: 23 February 2015 08:04
To: *****@******.***; Nigel Baker; Nigel Dutson; employees; mario agafitei
Subject: RE: Jersey




Hi Shaun,

I have got hold of ***** ***** today & they have.

NO delivery there for Thermutech / Doosan or TTS gate 4

Can you please ask if it has been sent. & let me know.

Regards

Neil Harris

Site Manager

Doosan Enpure Ltd

Bellozanne site office

01534 481495

Mobile; 07900681671

www.doosanenpure.com



From: *****@******.*** [mailto:*****@******.***]
Sent: 23 February 2015 07:49
To: Nigel Baker; *****@******.***; *****@******.***; mario agafitei; Neil Harris
Subject: Jersey



Gentleman





I have been trying to contact you since Friday regarding our delivery. We effectively finished out work on Friday with only a small amount of work outstanding for Saturday morning.






Our delivery has not arrived despite being told that we would receive it on Friday.






Could you look into this urgently please & advise.






Thank you






Shaun Hughes






















Expert:  Joshua replied 2 years ago.
Thank you for the above. This exchange relates so far as I can see to a period after the shipment was delayed. Do you have any correspondence prior to engaging the company setting out the service you sought and they agreed to. In particular your requirement for a time sensitive delivery?
Customer: replied 2 years ago.

Hello Joshua

I'm afraid not, it seems we only have this.


Good morning Nigel


Please could you quote me for collection & delivery. We have no forklift so a tail lift will be required.


We have a small amount of materials that needs to be shipped to Jersey. Pallet size is 1200mm x 1000mm, approx weight 100kg. We need it collecting today if possible.

Collection Address: Unit 7
The Business Park
Lampton Ave
Bristol BS13 0PU



Delivery Address:
States of Jersey
T&TS Bellozanne W.w.T.w
Gate 4 Bellozanne Valley Rd
St Helier Jersey
JE2 3JX
Contact name Neil Harris
Tel 01534 481495


--
Best Regards

Shaun Hughes

For & on behalf of Thermutech Ltd

Unit 7
The Business Park
Lampton Ave
Bristol BS13 0PU

TEL +44(0)117(###) ###-####/p>

MOB +44(0)7970252501

FAX +44(0)117 377993

WEB SITE www.thermutech.com

Expert:  Joshua replied 2 years ago.
Thank you. Does the haulage company offer time sensitive deliveries? If so do you have a link totheir website?
Customer: replied 2 years ago.

Hello Joshua

Please find a link to their legal jargon http://www.pdfs.com/rha-conditions and also to their web page http://www.pdfs.com/home. Seems they have all angles covered.

Expert:  Joshua replied 2 years ago.
Thanks. I will have a look. Did you agree that timing was essential in the delivery prior to engaging them or was this not discussed or at least not agreed in writing?
Customer: replied 2 years ago.

Hi Joashua

Unfortunately it was not mentioned in writing however, it would of been mentioned in our telecon. They were under no illusion of my concern regarding the late delivery & their apologetic email states that.

Best wishes

Shaun

Expert:  Joshua replied 2 years ago.
Thank you for all of the above. I have had the opportunity to review the terms and conditions you have kindly provided me with links to. Most haulage and courier companis have detailed provisions regarding delay and loss. This particular company in fact does not presumably reflecting the fact that they are a smaller company. This makes things a little better than they might be if it was a large haulage firm which typically has substantial limitations of liability provisions, however it is necessary for you to show that the timing of the delivery was a central ingredient of your contract with them in order to claim against them for loss in respect of delay. Ideally you would have an email exchange or similar that explained the urgent nature of the consignment and asked them to confirm that the delivery could be made within that timeframe and the consequences of it not being so or words along these lines. From what you say this does not exist. The reason this is important is that the law does not provide that time is of the essence in contracts automatically unless there is express agreement between the parties that this is the case. "time of the Essence" does not necessarily have to be used word for word - though it is good practice to do so - but it must be clear from words or actions that time was agreed to have been of the essence. If such a converstaion was had verbally then if the carrier admits this then you can formulate a claim. If they deny it then I fear you will struggle with a claim for loss on the basis of delay alone. One way to obtain evidence that it was discussed is to email them and refer to the details of your conversation agreeing that the delivery was urgent and time sensitive and expressing your disappointment that it was not delivered in the time frame agreed. Try to be specific in your reference to the conversation and keep it casual not threatening legal action. If they reply and do not deny what you say you have reasonably good evidence of what you refer to in your email being agreed and this can form a basis on which to found a claim. If you have sufficient evidence using the above or similar techniques you can issue a claim using the courts online issuing service using the link below:https://www.moneyclaim.gov.uk/web/mcol/welcome I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
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