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Alex J.
Alex J., Solicitor
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Experience:  Solicitors 2 years plus PQE
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I employed the services of TNT to deliver a consignment of

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Hi, I employed the services of TNT to deliver a consignment of 14 laptops and 1 Server to a client in Jordan in April.
The shipment should have taken 5 days, then I and an associate were scheduled to fly to Jordan where I would setup the Computer Network and my associate when then use the equipment to deliver a training course.
TNT made a number of errors which delayed the shipment by 3 weeks. The course and flights were cancelled.
I emailed TNT a lengthy complaint and claiming compensation for £8,300 as lost earnings for both myself and my associate.
TNT have just replied, 84 days later and confirmed they have made a number of errors, apologised and refunded the initial freight cost, £430 stating Unfortunately consequential loss is not covered by our “Conditions of Carriage”, and therefore, I am unable to consider a payment to compensate for your losses
After the equipment had arrived, flights were re-scheduled and I was able to complete my work by setting up the Computer Network, therefore overall I have not lost any revenue, just suffered embarrassment and the stress of the saga.
However, my associate does have loss of earnings of approx… £3,800 – as the course will never be re-scheduled.
Do I have a case to pursue my compensation claim against TNT?
Thanks
Submitted: 9 months ago.
Category: Law
Expert:  Alex J. replied 9 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Do you have a copy of the terms and conditions that you signed with TNT for me to review? Kind regards AJ

Customer: replied 9 months ago.
Everything was booked online, I have the TNT reference number and the documentation but no T&C's, all i have is this link https://direct.tnt.co.uk/legal/terms-and-conditions
Expert:  Alex J. replied 9 months ago.

Hi, Thank you. The problem you have is they have excluded liability for indirect and consequential so therefore you can only claim direct losses that are a naturally occurring consequence of their breach. Did you make them aware of the time deadline? Did they say that "time would be of the essence" in relation to any pre agreed deadlines? Did you make them aware of the course you were arranging? Do the lost earning include the costs for the laptops?

Customer: replied 9 months ago.
Hi, yes, they were informed from the outset that shipment was time sensitive, when goods were held up in customs and finally released i stressed the importance of the delivery, i then informed them of course cancellations.The loss incurred was initially my labour charges in setting up the network and my associate in delivering the course. I was able to fly out 2 weeks later to complete my work but my associate has not been able to deliver his course.There was no loss cost with the laptops, I emailed my complaint asking 14 questions, they have replied today and accept failure at 9 of the questions,I have attached their response. I am still furious at the way i have been treated, even thou I have been paid for my work (My Associate has not) I was wondering could i claim for the stress of the saga and loss of goodwillthanks
Expert:  Alex J. replied 9 months ago.

Hi, Thank you. Under the principles of claiming contractual loss, subject to the exclusions they have included in their terms and conditions, you can only claim for direct losses. Having read this letter, would you believe they have admitted to handling your matter negligently. If the package was not delivered on time because of their negligence, I would say you have grounds to claim additional direct losses - if you made them aware of the course for example before agreeing to engage them, or you could maybe claim the cost of any additional travel that paid because of this - also do you charge your services at an hourly rate? Kind regards AJ

Alex J., Solicitor
Category: Law
Satisfied Customers: 3613
Experience: Solicitors 2 years plus PQE
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Customer: replied 9 months ago.
Hi Alex, one last question if I may?The associate I refer too above is being a bit of a dick!!It was him who introduced me into the client in Jordan, him who confirmed what IT spec was required but he had no part of agreeing price and final decision making.Anyway, he is upset at losing £4k because of TNT's failure to deliver the consignment ontime. His course which he was leading will not be rescheduled.He is threatening to sue me, I questioned him as to what capacity?There has never been any written or formal contract between me and him, my contract was with TNT and the customer in Jordan.Will he be able to pursue any legal action against me?I was trading as a sole trader.ThanksChris
Expert:  Alex J. replied 9 months ago.

Hi, Thank you. No problem. Did you sign any contract with him or did he simply introduce the opportunity?

Customer: replied 9 months ago.
He simply introduced the opportunity, the contract was with the client, never signed anything with him
Expert:  Alex J. replied 9 months ago.

Hi Thank you. He has no grounds to sue you. Is he demanding money from you?

Customer: replied 9 months ago.
Not yet but i wont put it past him, I have previously emailed him saying he has no grounds as there was never a Sale or Purchase contract between us. Like I said he is upset at losing out on £4k and being a dick.Thanks
Expert:  Alex J. replied 9 months ago.

There is no privity of contract between you, so he has no contractual claim. Also if he wanted his deal to be contingent on your supplier of services then he should have made you a sub contractor. I do not think he has a claim of any merit. Kind regards AJ

Customer: replied 9 months ago.
Thanks,

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