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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Ocado promised throughout the time I've been with them (8 months)

Resolved Question:

Ocado promised throughout the time I've been with them (8 months) to deliver my groceries to me without the need to see me and to just leave them outside my flat door in a block of three flats. These were explicit promises and made time and time again. Their drivers were in fact regularly leaving my groceries outside the flat beneath me and on downstairs and upstairs landings. I complained to them each time and they said they spoken to the local manager to ensure that the groceries would be left outside my flat door. They spelt this out. This was their position all the way through. I informed then that I would not be ordering anything off them if they could not guarantee that the groceries would be left outside my flat door. They offered regular guarantees. There was no suggestion made that this was up to the individial drivers. I see this as a clear breach of contract they had with me. They won thousands of pounds of business based on lies, on lying to me. It is selling based on a lie. They have lied to keep my custom and lied regularly. What can be done, what can I do. This afternoon they wrote to me and said they were closing my account. This was after their driver on Saturday leaving my groceries costing £250 outside another person's flat. I made a vigorous complaint. My psychological state is poor. I have been faced with constant upsets from them by breaking their explicit promises to leave my groceries outside my flat door.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know what is it you want to achieve please?
Customer: replied 1 year ago.
You are just a start. I have given you some clear information. What I want from them or to achieve is beside the point as far as you and your business is concerned. I have paid you £38 and you've given me nothing so far. I think you should give me a response to my message. I am making it plain to them that they have won an ongoing contract to deliver groceries to me and that they should left outside my flat door. They promised explicitly to do this. I told them that I would not order off them without a guarantee that the groceries would be left outside my door. They offered me that guarantee. They wanted my business and made a dishonest promise to me to get my business. It's breach of contract. They lied to me and won the ongoing contract on an absolute lie. I am going to spend a lot of money on this in legal fees as this is a matter of principle for me. I have told them this. Since they won the ongoing grocery contract with me on a lie I have made clear to them that I want all my money back. They won the contract on a shameless lie. There have been up to twenty orders. The last one was for £250. They should never have had that business. They lied to me time and time again until my temper broke on Saturday. They have now shut my account down. I would sooner die than let them get away with this scot free. They deceived me.
Expert:  Ash replied 1 year ago.
Ok. Does the contract allow them to terminate your account?
Have you suffered any loss as yet?
Customer: replied 1 year ago.
Of course. There are a supermarket delivery company. I am a customer. There is no legal contract signed between us. They made numerous promises to deliver the groceries I ordered from them to my flat door. So it's an 'unwritten contract' in the sense that no solicitors were involved. It was an explicit promise and spelt out with absolute clarity. I told them that I wouldn't order goods off them without that promise. I said to them that if they didn't want my business all they had to do was tell me but throughout the period of deliveries (from November 2014) they assured me that my business was valued and that they would do as I asked them to do and bring the groceries to my flat door. Each time the groceries were dumped out on landings or placed outside another flat door I engaged with them. And I got engaged responses from them and apologies. I was left with an impression that each time I complained to them the matter was closed as they sounded so ready to sort things out. They were telling me they were writing extensively to the local managers and speaking to them. It was all a lie. They don't seem to have had any control over their local management team or drivers. They made false promises to get sales. We would get one or two deliveries left outside my door then back to leaving them anywhere.
Expert:  Ash replied 1 year ago.
Can you sue them for ending the account, sadly not, because their terms allow that. Can you sue them for compensation for missed deliveries. Yes but this involves going to court and attending a hearing.
You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
I can pay you for an extended service. Which means you would send the letter to Ocado and we can take it from there. I can sign the letter if that's needed. I have no printer and can not access one. I have to think of my psychological health. Going into post offices is no easy matter for me. I am in essence a cripple in terms of social concourse. I don't use the telephone except for emergencies. I have been isolated for a long time. I can set out an approximate amount I've spent with them. I don't have all the shopping statements. I've got most of them. This is not about losses I've incurred. I have received all the shopping I paid for. This is about deception. They promised to leave my groceries outside my door in explicitly written detail as I told them I couldn't order off them otherwise. They won the 'contract' to deliver to me rather than another supermarket for example and it was done on a promise to deliver the groceries and leave them outside my flat door. They repeatedly assured me they would do this so kept the contract rolling. It was all a lie. Their guarantees were worth nothing, they were meaningless. I made this agreement with them because of my psychological state. I faced enormous upset due to their lies. I was having to deal with neighbours I wasn't fit to be seen by and having to note the complete malice from their drivers when they dumped my shopping anywhere. This was deliberate I believe. They made false promises. I want from them a full refund of the deliveries they won through deception. I have no outside contacts. It's a question of what further assistance you can offer and the costs of that assistance. I would seek to reclaim the costs of any legal help I can get from Ocado. Surely it must be seen as fair to recognise disability when it comes to lawyers. Surely business can be conducted through correspondence. To take account of a persons disability. I can pay. It is just a question of serving me in a different way, I can't go into solicitors office or use the telephone. If not you then who is working in the online field in law that can do all the additional work? The cost of the deliveries are about or less then £2,000. That's business won through clear dishonesty. Never did they say to me that they couldn't leave my groceries outside my door. There was absolute certainty in their guarantees. They won the ongoing contract through lies. They was never a guarantee in fact as far as they were concerned. It was all a lie to win custom.
Expert:  Ash replied 1 year ago.
Sadly I am not permitted to act on your behalf, its against site rules. All I can do is tell you what you need to do, which I have done above. This allows you to sue them and seek damages for breach of contract.
Sadly you can't make them serve you, they can terminate your account and they have done so. You can't make them have you as a customer sadly.
Does that clarify?
Alex
Customer: replied 1 year ago.
This is not about them terminating my account as I have told you more than once. Can you suggest a solicitor to me who would act on my behalf through correspondence alone? Surely there must be thousands of solicitors in the High Street world who would only be too happy to offer extra assistance to someone who is psychologically frail and socially sick? There is nothing wrong with my intellect. What would be your suggestion as to approaching a solicitor though email? Would they demand to see me at their office or speak to me on the telephone? I am not appealing to see or talk to. I would get easily confused. It just wouldn't work to for me to go into a solicitors office. I have already let myself down in those places. This will be my last email to me after your reply. You have helped enough. I am very happy with the service I've received and would recommend your firm to others.
Expert:  Ash replied 1 year ago.
You could find one here:
http://solicitors.lawsociety.org.uk/
I wish you the best of luck.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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