It's enough to make you growl: you've been told you need to be in for a pre-arranged delivery or service installation – sometimes taking a day off work – then you wait in all day and they're hours late, or don't turn up at all.
Yet you can fight back if you know your rights. You may even be able to force compensation for the lost time. The aim here is to be reasonable, but with our often rotten delivery culture, we need to start to make them understand there could be consequences when they fail to, er ... deliver.
In this guide
Delivery Rights Q&A;
This is the first incarnation of this guide. Please feedback on whether this system worked for you and if there's anything you think needs adding.
While every effort's been made to ensure this article's accuracy, it doesn't constitute legal advice tailored to your individual circumstances. If you act on, it you do so at your own risk. We can't assume responsibility and don't accept liability for any damage or loss which may arise.
Get compensation for extra time off work
It's possible to get compensation for extra time off work, additional costs, and even inconvenience and distress caused by late delivery problems. Of course, we're not talking about when you stay in hoping the delivery may turn up, but when a delivery or installation's been booked for a certain day – and you've arranged to be in specifically to receive it.
While your legal rights can only truly be enforced in court, just knowing and quoting them boosts your complaint's strength.
Here are the five things you need to know ...
Your relationship is with the retailer –
not the courier company
From the moment you pay for your goods or service to the second it's delivered, the retailer – and not the courier or delivery company – is responsible, as that's who your 'contract' is with. So the retailer should always be your first port of call for any complaints.
This applies even if you've paid extra for a specific courier company via the retailer. The same rights and remedies apply if you've a contract for installation, or have arranged for a service to be carried out, and it's been breached due to a no-show.
The only exception is if you arranged delivery yourself separately with the courier company. In this case, rather than being an ancillary, it's the core service you've paid for that has failed (full info on that in the Consumer Rights guide).
Compensation for lost time depends on whether you suffered a 'consequential loss'
When a company promises to deliver to you, it does so under a contract with you – even if it isn't written down. This is because whenever you buy goods and services, you're technically entering into a contract.
If a company breaches that contract, you may be eligible for compensation, either due to a direct loss (eg, for not receiving the product) or for what's legally known as 'consequential loss' – or for both.
'Consequential loss' is an indirect loss that occurred due to a breach of contract. In other words, if what went wrong made you lose out in additional ways.
The point of compensation is to put you in the same position you would have been in had the contract not been broken. So the consequential loss you may be able to claim for, and the amount, depends on if you lost out because of the missed delivery.
What if the company has a consequential loss exclusion clause?
Whether it's valid is a legal grey area. The mere fact a company has an exclusion clause prohibiting consequential loss claims doesn't mean it's allowed. It may be an unfair contract term, in which case there's a chance it may not be valid, so don't let it unnecessarily put you off making a complaint (though it may make you think twice before shelling out to go to court).
The consequential losses must have been foreseeable
Don't try and be too clever here. You can only claim consequential loss for things that aren't 'remote' from the breach. So while saying you needed to take another day off as they didn't deliver is pretty reasonable, arguing "as they didn't turn up, I was late for my appointment, sped up and got in an accident and I want them to pay for that" is too remote.
The key issue is did you take EXTRA time off
Although it might seem slightly unusual, you can't claim compensation for the original no-show day as you haven't technically lost out through this. You were going to take that day off anyway; the fact it turned out to be futile is aggravating, but not a loss in a legal sense.
The real key is what's needed to put it right. So if the end result is you then need take a SECOND day (or morning/hour) off work for a new date, you should be due compensation for loss of earnings or loss of a day's holiday.
To have good grounds for compensation, your complaint needs to be considered reasonable in a court of law. So if the failed delivery occurred on a day that most of the area's roads were closed due to snow, you're less likely to have a strong case than if there were no adverse circumstances involved.
Can I claim if I didn't take any extra time off?
If there were no additional costs to you waiting longer or on another day, it's unlikely a judge would award in your favour. However, there's nothing to stop you complaining to the company anyway, saying its service was inadequate and below expectations, and asking what it's going to do to make it up to you (see how to complain).
What if the deliverer came outside the agreed time window?
Provided the original appointment was agreed, again, the key here is: did you need to take more time off or was there any consequential cost? So had you taken a morning off and they came an hour outside the window but you were still at home, it's annoying – but you haven't suffered a loss.
But if you then went to work because you couldn't wait in any more and had to take more time off to reschedule, or had to pay for an extra hour of childcare so you could wait in for the extra hour, then there is a consequential loss.
How many hours can I claim for?
As far as time's concerned, if you had to take a number of unpaid hours off work to sort out a delivery problem (not including the original delivery itself), contract law states you should be able to recover any damages that you suffered as a result of the breach of contract. So you can claim for all of 'em.
Can I claim for my time even if I'm on a high salary?
You can claim whatever you want, but of course, as we'll come to later, the key is whether you'll get it. Don't forget you may be required to prove your rate. There are no hard or fast rules here, but the other side could argue your claim is disproportionate.
For example, imagine this happened to a supermodel who won't get out of bed for less than £20,000 an hour. It's likely that if she charged for a day (£160,000!) the other side would argue this wasn't fair as she could've hired someone else for £100 to stay in for her. So there's a balance to be struck.
You may be able to claim compensation for other reasonable costs
There's nothing to stop you putting in a claim for extra costs incurred if they're legitimate, (eg, phone calls or petrol costs if you had to drive out of your way to collect a parcel) but it's likely to come down to your individual negotiation skills. Again, keep it reasonable (so no claiming for a private jet to work because your new bike wasn't delivered in time).
Is there a limit to how much I can claim for?
Technically, no – though there's no guarantee you'll get it. There's nothing stopping you putting in a reasonable claim, though ensure you've got evidence to back it up.
You're expected to try to minimise your loss
Before you can legally claim, you're expected to try and minimise your loss. For example, this means you'd need to try to arrange delivery at a convenient time when you'd be home without incurring problems, or ask a friend, neighbour or family member to wait in for you (if you need to pay them, or for their costs, you could claim that).
Remember, you can always say to the seller: "Look, you've broken the contract. I'm off work from 5pm Saturday or all day Sunday. If you deliver then it'll save you a compensation claim from me, but I won't pay more for that delivery."
But if it can't do any convenient times, and you have to take time off work as a result, it's time to put in a claim.
Buy online or use 'time is of the essence' trick
The easy way to ensure you can always get a refund is to buy online. Most goods and services you buy online (or by mail order, or phone) are covered by Distance Selling Regulations. This gives you the right to return orders within seven working days and get a full refund, although you may need to pay return delivery costs.
For other orders, there's a useful little legal phrase called 'time is of the essence', which means when you buy goods or order a service, it must be delivered within a specified time (eg, before Christmas).
If this isn't in the agreement and there's no specified date, the only obligation is that it must be delivered within a 'reasonable' time, and that is rather loose.
It's less hassle to try and get this before you buy or order, but you can always make time of the essence without the retailer's consent after it's been guilty of undue delay.
Full details on how to do this in the time is of the essence section
Late delivery compensation Q&A;
Do I still complain to the seller if the deliverer's clearly at fault?
Yes. Even if you saw the deliverer kick the antique Ming vase you ordered down the stairs to your door, your complaint can go to the retailer rather than the delivery company (though in this example, the deliverer would also be legally responsible to you for damages for 'trespass to goods').
This is because your contract's with the retailer and it's responsible for your goods, from the second you pay to the second the goods are delivered into your hands. The retailer can then claim from the delivery company if it wants to.
I'm worried a company won't deliver on time, what can I do?
This is a common worry; for example, say you order a new sofa from a store with a deal that promises to deliver everything before a certain date by Christmas.
Legally, the 'we will deliver your sofa before Christmas' is part of your contract. But normally the delivery time for any item you buy isn't an enforceable part of the contract unless you make it so.
So if you went to the same retailer when buying a sofa, asked when it would be delivered and the sales person told you that it would be six to eight weeks, that's a guide and not a specific date.
Whether or not they've already overshot the planned delivery date, you can make the date for delivery an enforceable part of the contract by stating 'time is of the essence', which will give you a load of extra legal rights should they fail to deliver on time.
It's far easier to do this at the time of ordering, but you may be able to add it even after this – see how to add 'time is of the essence' for full info.
My item arrived damaged, but I only found out after I signed for it?
Signing for an item just means it's been delivered; you're not signing on the quality of the item delivered. So even if you found any faults or issues after signing for the delivery, you still have the same rights as with any faulty item.
Of course, if you also signed a delivery note stating you'd examined the goods and they were in perfect condition, but later discovered they were damaged, there could be an argument about whether you were responsible for inflicting the damage after delivery. So if this is the case, it's better to change the wording to 'not examined', so it's clear you didn't have the time to do this - otherwise, inspect 'em carefully.
I've been given a massive delivery time slot, what can I do?
Mammoth time slots that require you to stay in for an entire day are all too common, eg, you're told the delivery will arrive any time from 8am - 6pm. Sadly there's little you can do about this from a legal point of view if you agreed to it, but there's nothing to stop you asking if it can do a narrower time slot.
You could try something like, "Look, this is a ten hour time-slot for a delivery that'll take less than a minute to receive. I'm prepared to settle for a more reasonable delivery slot from 9am - midday. But if you can't do this it simply isn't worth it for me, so I'll have to cancel the order and go somewhere else."
However, you can’t cancel simply on the strength of the retailer refusing to budge on a delivery scheme that you've agreed to. So you need to insist on the time slot or other delivery arrangements you want as a condition for buying the goods or ordering the service in the first place, or you'll go elsewhere.
Don't be afraid to follow through on this; it's only when enough of us refuse to accept unreasonable delivery times that services will begin to improve.
They put a 'missed you' note through my door while I was in!
If you're in waiting for a package but the deliverer just puts a 'sorry we missed you' note through your letter box without letting you know they're there, you'd only have a reasonable chance of compensation if you could prove somebody was at home and the deliverer didn't take reasonable steps to communicate they'd arrived.
But if you do have decent proof, you'd have the same rights as with any other delivery problems. For example, if there were ten people in the house when the deliverer claimed they rang your doorbell and none of them heard a thing, you've a stronger case to back up your compensation claim.
However, even if you can't prove it, there's nothing to stop you putting in a complaint to the seller (or even the delivery company) anyway.
Can I claim for distress or inconvenience?
Needlessly losing a day's holiday is a costly annoyance, but as well as claiming for this, you may also be able to put in a reasonable claim for loss of enjoyment of the goods or service because they've been delayed.
For example, this could apply if you missed the Cup Final on your new plasma and had to make do with an old black 'n' white set. Or the new dining suite didn't arrive in time, and you were made to look a fool at a dinner party you'd prepared to show it off because your guests had to sit on the floor.
However, it's important to note complaints for this are never guaranteed to pay out. But you may want to consider it, particularly if you've suffered substantial distress or inconvenience due to delivery problems (eg, a holiday's been ruined, the dress didn't arrive in time for the wedding, or tile delivery problems meant you had to put up with a leaky roof for weeks).
Who is this guide for?
This guide has been written with English law and consumers in mind. However, much of it will also apply to Scotland and Northern Ireland, as well as small businesses.
How to try for compensation
The aim here is to use your legal rights to get the company to negotiate compensation without the hassle, expense and risk of going to court. It's about showing the company that a judge would rule in your favour – so it's in their best interest to reach a reasonable offer of compensation.
Though you've technically got six years to make a claim in court, the aim is to avoid doing this, so the sooner you complain, the more seriously the retailer's likely to take your claim.
Step 1. Try the company's own late delivery procedure
Some (but not all) companies have a standard procedure to compensate you if they've failed to deliver, so it's well worth a check on the company's website, or call customer services to find out. This should be your first port of call – any extra compensation's likely to be at the store's discretion so there are no guarantees, but it's certainly worth a try. Here are the main ones:
| Company | Policy | Complain to | Main compensation | Feedback on what you got | |
|---|---|---|---|---|---|
| Amazon | Case-by-case basis | Customer services | Case-by-case basis | Amazon delivery | |
| Argos | Case-by-case basis | Customer services on 0845 6402020 | Refunds and vouchers | Argos delivery | |
| ASOS | Refund deliv. charge + 10% off next order | Contact form / Facebook / Twitter | Discount code + delivery refund | ASOS delivery | |
| B&Q; | Case-by-case basis | Store/cust services | Case-by-case basis | B&Q; delivery | |
| Comet | Deliv. charge refund and case-by-case | Customer services with order number | Comet voucher or cash refund | Comet delivery | |
| Co-op | Case-by-case basis | Cust relations | Co-op vouchers | Co-op delivery | |
| Debenhams | Case-by-case basis | Customer services | Case-by-case basis | Deb'hams deliv | |
| Dixons | Case-by-case basis | Customer services | Case-by-case basis | Dixons delivery | |
| eBay | Contact seller, notify eBay dispute system within 45 days. | Dispute system or customer support | Account credit | eBay delivery | |
| Homebase | Case-by-case basis | Contact centre on 0845 0778888 | Case-by-case basis | Homebase delivery | |
| H. of Fraser | Case-by-case basis | Customer services | Case-by-case basis | HoF delivery | |
| M&S; | Case-by-case basis | Customer services | Gift cards or refund | M&S; delivery | |
| Ocado | Contact cust services | Customer services | Not stated | Ocado delivery | |
| Play.com | Deliv charge refund or case-by-case | Customer services | Delivery refund to card / vouchers | Play.com delivery | |
| Sainsbury's | Late drivers issue £10 online gift card | Driver/ cust centre on 0800 3281700 | Gift cards | Sainsbury's delivery | |
| Tesco | Case-by-case basis | Customer services | Case-by-case basis | Tesco delivery | |
| Waitrose | Case-by-case basis | Customer support, Facebook/Twitter | Case-by-case basis | Waitrose delivery | |
| Correct as of November 2011. | |||||
Had compensation for delivery problems from a company or supplier not listed above? Feedback on what you got in the Delivery Rights discussion.
Even if it has a system in place, this shouldn't stop you from pushing your legal rights if you feel its standard compensation isn't adequate. But if the company's already making you a reasonable offer, you're less likely to get extra compensation on top.
Step 2. Call the company to say it hasn't met expectations
If it doesn't have a standard procedure, or you don't feel its normal compensation offer is adequate, call the company to let 'em know its service "didn't meet your expectations". This applies even if you don't have legal compensation rights; companies are interested in protecting their reputations and won't want to leave customers disgruntled if they can help it.
Before you call, work out what you really want to achieve and what compensation you'd settle for. Then be reasonable and focus on achieving that, not 'grabbing every penny'.
If you've had to fork out due to the botched delivery, you may want compensation in the form of cash. But if it's simply compensation for extra time and hassle, consider if you'd be happy with a credit note or voucher. Remember, the more you want, the harder it'll be to achieve.
What to say
Ask to speak to the most senior person available (eg, "Can I speak to your manager or supervisor please?") then clearly state your case.
Always be firm but polite. Being rude won't help, and it certainly isn't fair to the person you're calling. Try something like this (key legal phrases to use are in red):
"My delivery didn't arrive at the time we agreed, which is a breach of contract. I had to take a second day off work for redelivery, but it's left me out of pocket. I'm calling to claim for this consequential loss, as is my legal right.
My lost wages are £50, but I'm happy to remedy it with a £20 voucher. So if we can reach a settlement now, it'll save you a formal claim for my damages."
If they don't agree, ask what they can offer – they may come back with something else. It's then up to you to consider whether to accept it, but remember, if you turn down a reasonable offer it's less likely you'll get extra compensation on top.
Ensure you state what 'remedy' you'd like in any correspondence to ensure it's clear what they need to do to fix it for you.
Step 3. Write a formal letter asking for compensation
If it hasn't offered you suitable compensation yet, write a formal letter to the company. This will shift your case up a gear by showing them you know your legal rights, and that you're serious.
Again, while you don't want to take the case to court if at all possible, the letter's about reinforcing that if you did, you'd have a strong case for compensation. So you want to show them they'll save themselves a lot of further hassle and expense by reaching a negotiated settlement now.
To help, we've drafted a template letter with the basic text to get you started. Just delete any parts that don't apply, and send to the retailer. Keep a copy for reference, and send the letter by recorded delivery to make sure it arrives.
It's worth noting that you could do this by email if you prefer, but it's crucial you receive a response back to acknowledge it, otherwise legally you've no proof it's arrived. So if you send it by email but don't get a response, follow up by posting the letter by recorded delivery.
Step 4. Negotiate, negotiate, negotiate
Once you've sent the letter, remember, everything hinges on negotiation. If the company gets back to you with an offer of compensation, you need to carefully decide if you want to take it.
- If you want to accept its offer: Get in touch to let them know and arrange payment. If you want to accept its offer but also you've got another unresolved complaint relating to it, say you're accepting its compensation 'without prejudice' to your outstanding claim. Using this specific term is crucial, as it means the offer isn't binding or usable against you in any further legal processes.
- If you don't feel it's enough: You could try to negotiate a higher settlement. If you decide to do this, clearly state what you'd be prepared to settle for, and reiterate the reasons, costs and evidence you have to back these up.
This is going to depend largely on your negotiating skills, but don't forget – it's never guaranteed the company will meet your counter-offer, and it may renege on its first offer.
Even if it's less than you originally asked for, it may be worth accepting the company's offer to save the hassle of court action. Yet there are no rights and wrongs here; it's about how hard you're prepared to push. If thinking of taking it to court, ensure you read the next section for full pros 'n' cons first. Please do report how you get on in the Delivery Rights discussion.
Step 5. If all else fails: how to take 'em to court
Important note: This step is based on the process for England and Wales. We've included the basics for other areas, but for more see the Northern Ireland Courts and Scottish Sheriff Small Claims sites.
Hopefully the letter should settle it, but if you've tried all the steps above and it still hasn't offered you a satisfactory settlement, taking it to the small claims court is a last resort, although it isn't for everyone. If you're a court novice, maybe try and seek help from a legal friend or advice centre.
The only person who can force action is a county court judge (sheriff court in Scotland) but don't always think judges and wigs; this is often just a case of filling in some forms online.
Sometimes simply doing this will mean a company settles (assuming you've a decent legal claim), so you might not have to go all the way to court. Remember, you've a legal right to fair treatment, and it's rare to have to pay the other side's costs, so it's relatively risk free but do read on to see if it's the right thing for you.
Think very carefully about whether you want the hassle of this process and whether it's worth it. It's far better to use this as a last resort threat and settle with the company if possible.
Try to go through the smalls claims process
Many people talk of going to the small claims court, yet it doesn't actually exist. It's a system within the civil claims procedure where many claims for under £5,000 are allocated, and a local county court judge makes the process as informal as possible.
In difficult cases (and always for those above £5,000) you may be allocated the 'fast track' or the 'multi track' system, which is beyond the scope of this guide. See the PDF guide on the HM Courts website for more info. If that happens its worth really considering whether you should carry on as there can be cost implications.
Of course, for belt and braces you could consider hiring a lawyer for larger claims; see the Law Society website for more. Here are the key points to consider, click each header for more info:
You shouldn’t have the other party's costs awarded against you.
If you lose a small claim it's rare to have to pay the other side's costs, apart from certain expenses such as their travelling expenses and time off work to attend the hearing for them and their witnesses (not more than £90 each a day).
So if you win, these are what you can get back from the other party. However, the loser rarely has to pay any of the winner's legal fees (eg, solicitor’s charges for advice or representation).
Try to resolve things directly first.
Before you get legal, you're expected to try to resolve things directly, and ideally send a 'letter before action' to say you're going to take them to court. If you don't try, the judge could look unfavourably on your case.
Remember to factor in the fees.
Fees may be waived if you're on benefits or a low income, but for most, as well as the initial application fee (£25 to £100 to start your claim), you may need to pay a court allocation fee of £40 if your claim's over £1,500, and the hearing fee of £25 to £325 (depending on the amount of your claim) if your case ends up in the court room. However, it's worth bearing in mind you get these back if you win.
It's designed so you can go it alone.
In all but the most complicated cases you shouldn't need the help of a solicitor, as the small claims system is designed with this in mind. Free sources of help are listed in the Who's Who section of the How to Complain guide. Yet if you're a complete novice, do consider asking a savvy friend for help.
Be careful if you go over £5,000.
If you ask for more than this, you've less chance of being in small claims, which is by far the preference. If you're just above the limit, consider lowering the asking amount to £5,000 (even if your earlier letters demanded more).
It's worth noting that if you've claimed interest or any court fees from the retailer, this isn't included in the £5,000 limit.
There are different limits in Scotland and NI.
In Scotland and Northern Ireland the small claims maximum is £3,000.
Making a court claim online
The main part of your claim involves filling in a form called a "Particulars of Claim' ("Statement of Claim' in Scotland). This is a statement telling your side of the story. You need to include full details of what you're claiming for and why.
It’s better to claim a fixed total amount (eg, 'damages of £5,000') rather than an amount set by the court, as this should avoid a hearing where the amount has to be decided by a judge.
Read more on the UK's online claim systems
- England and Wales: Use the Moneyclaim website. There's a starting fee of between £25 and £100 depending on the size of your claim (it's more if the claim goes over £5,000). The fee can be paid by a credit or debit card, and is refunded if you win, but not if you lose.
If you can't pay by card, get the paperwork (form N1) to start the claim from your local county court and pay there. It'll cost a little more (between £35 and £120), but the fees may be waived if you're on benefits or a low income; see the EX160 'Do you have to pay fees?' leaflet on the HM Courts website. - Scotland: You can't start an online claim in Scotland, so you'll need to go to your local court.
- In Northern Ireland. Use the Northern Ireland Courts online service.
This process depends on whether the trader acknowledges your claim, which they have only 14 days to do. If it's undefended you automatically win by default. At that point, you must request a 'judgment by default', which can also be done online.
If the trader acknowledges, it has a further 14 days to enter a defence. Again, if this is missed you win by default and should also request a 'judgment by default'. If the claim is defended, at this stage you'll be allocated a hearing date and will need to go along and explain your case.
Sadly, even if you win in court or by default it doesn't mean they'll pay up automatically. If the company doesn't pay, you've a right to send the bailiffs in to claim the money, but it'll cost you another £100, which you also get back if you win. Read the HM Court Service guide for more or ask a question in the consumer rights forum. Please report back on how you get on.
Always weigh up the costs and headache of continuing before making a decision. Sometimes it may be better to call it a day.
Safeguard against future problems
Though you may be able to get compensation if the worst happens, it's far less stressful if a delivery goes as planned. Use these quick tips to help future deliveries go smoothly.
Send the right way
A little extra planning can go a long way towards helping your parcel reach the right destination on time. Thanks to MoneySaver audirob for these insider tips, please add yours in the Failed Delivery Fight Back discussion:
Add a contact number. I'm a trainer for a delivery company. When ordering online, in the third line of address detail that's rarely used, put your phone number. As this will always be printed on the delivery label and handheld scanner, the driver can call if he has problems locating you.
Leave a note if you can't collect it. If you know you're having a delivery, leave a note on the door or in your window specifying which neighbour will take your delivery in your absence.
Tell 'em where to stick it. If you want the parcel left, leave a signed note saying where you want it left with a signature and the driver can take that away and leave the parcel as instructed.
As MSE is well viewed I hope many people will see this and hopefully improve your delivery success. I deliver between 50-110 stops per day and if people would do the above it would make things so much easier.
Become a roboshopper
While many worry about online shopping safety, in terms of consumer rights it’s a blessing. The Distance Selling Regulations mean that if you buy online or by phone, you have a right to change your mind within seven days, even if there’s no fault. Just send the goods back to get a refund of the price and delivery charge – though not the cost of returning it.
This is why many people have become ‘roboshoppers’ – researching offline, buying online. This is especially worth it for bigger items; go to the shops to look, then order online for extra rights. See Martin's Roboshopper blog.
If you or the seller specified a certain delivery date (eg, in time for a birthday or Christmas) but your order wasn't delivered on time, you've a right to a full refund. If a date wasn't specified at all, then delivery should be within 30 days.
This makes any delivery problems much easier. For example, say you ordered a games console online for a Christmas pressie. If it doesn't arrive by Christmas as promised, these rights mean you can just buy one in store, send back the original when it arrives, and get a full refund.
If you need to send it back, it's likely you'll need to pay for the return delivery, but they should refund the original delivery cost.
Here's a quick rundown of the key info, see Rights when buying online for more:
| RETURN REASONS ALLOWED | |
|---|---|
| Type of purchase: | Goods or services from an EU-based business via mail order, phone or online. |
| Protected under: | The Distance Selling Regulations |
| Time to cancel: | Goods: Seven working days from the day after you receive goods Services: Seven working days from the day after the order is provided |
| Exceptions: | Fresh food and flowers (for obvious reasons of decay!), personalised goods, accommodation, transport, newspapers and magazines, sealed audio, video or computer software that's been opened, or a service that's already started and can't be cancelled. |
| How to cancel: | You usually need to write to let the seller know, although some allow you to cancel by phone. As soon as you've cancelled, take good care of the items, as you have to send them back in reasonable condition and will probably need to pay for return delivery (unless the goods were faulty). |
| Getting a refund: | The seller must then pay back any cash within 30 days, including cost of delivery to you - although be sure to specifically ask for this to be included as some stores don't add it automatically. If it didn't tell you about your cancellation rights, you may have longer to cancel the order. |
| Specific delivery: | If you or the seller specified a certain delivery date (eg, in time for a birthday or Christmas) but your order wasn't delivered on time you've a right to a full refund. If a date wasn't specified at all, then delivery should be within 30 days. |
Use the 'time is of the essence' trick
If all else fails and you need an item delivered by a specific time or date, there's a little-known rule of contract law you can use to give yourself extra consumer protection. Get the company to agree to a delivery deadline marked 'time is of the essence', and you'll qualify for a load of extra rights if things go wrong.
If you don't state this, the only obligation on the company is that it must deliver within a 'reasonable' time, so it'd be solely down to your negotiation skills to get your money back (see above).
Make it clear that 'time is of the essence', and if goods don't arrive by the specified date, or a service start or finish date isn't met, you'll be legally entitled to cancel your contract and demand any linked credit agreement be annulled or deposit refunded. Or if you'd rather, you can choose to continue, but at a lower price:
- Use it in store or with personalised items. Add 'time is of the essence' to beef up your rights when ordering in store, or buying personalised goods online or in store (eg, engraved items, or perhaps a sofa ordered in a different size and fabric).
- It adds to your consumer rights. This is because in the above instances you wouldn't be covered by the Distance Selling Regulations which only protect you when buying online, by mail order or phone (excluding personalised goods). They mean you're already automatically entitled to a refund if an item isn't delivered within 30 days, or by agreed date.
- They don't have to agree. It's there to put into practice, but it doesn't automatically mean the trader will agree. As with any consumer rights, whether it's binding would ultimately be down to a judge to decide (if it gets that far).
- This is a relatively unknown trick. 'Time of the essence' isn't widely known because companies simply don't want to be held to such close account for delivery. It'd mean businesses would be forced to improve delivery service, which would be better for consumers – but at the company's expense.
So if you need your goods or service by a specific date (eg, a present in time for Christmas, or windows fitted before you go on holiday), use this to extra legal ammunition.
While it's theoretically possible to add 'time is of the essence' to your contract if you've already ordered, it's far easier to add it when ordering.
It is also possible to add 'time is of the essence' after you've ordered, especially if they are playing games with delivery. However, companies may refuse and then it'll be up to the courts to decide. See how to add time is of the essence.
How to add it if you haven't ordered yet
To let the retailer or supplier know before you order, just ask them to add a note to your invoice. Key info to include are the phrase 'time is of the essence', the date it's needed by, and the reason. Eg, 'Time is of the essence – must be delivered by 30 Jan 2012 as needed for house move'.
Don't be unreasonable though. If you pick an outlandish date and a full-blown dispute blows up, you could face a very unsympathetic judge if it goes all the way to court.
Try to add it if you're worried about timings
on an existing order 
Step 1. Write to the retailer / supplier
If you didn't add it at the time of ordering, it's more complicated, but you can still make time of the essence without the agreement of the trader.
To be safe, wait until there's been an 'undue delay' in delivery before you do this (you'll need to use your noggin as to how long is unreasonable). After this, you can tell 'em delivery must happen within a reasonable period (see what to do if it still won't deliver).
So write to the retailer or supplier to say you're 'making time of the essence', and need the goods delivered by a particular date. Include the reason, eg, 'dress is for wedding'. You'll need to specify a timeframe – again, how long depends on your circumstances. About 28 days would usually be reasonable.
To help, we've added a section on this in the template letter above; just delete the parts that don't apply to you, fill in, and print. Then send it off, but keep a copy of the letter for reference. It's best to send by recorded delivery so you've got proof it's arrived.
It's worth noting that you could do this by email if you prefer, but it's crucial you receive a response back to acknowledge it, otherwise legally you've no proof it's arrived. So if you send it by email but don't get a response, follow up by posting the letter by recorded delivery.
Step 2. Follow up with a phone call
Hopefully, the retailer should reply with an acknowledgement. But if not, follow up with a phone call to check it's received your letter and will now deliver by the date specified. Reiterate you're adding 'time is of the essence' to your contract, as is your legal right.
If they haven't heard of it, stick to your guns. It's likely many staff won't be familiar with 'time is of the essence', so don't be put off. Explain it's a key part of consumer law, and that you have a right to ask for it to be part of your contract.
Step 3. If the supplier still won't play ball ...
If the company or supplier continue to be obstructive, or they honestly level with you and say there's sadly no chance your goods will arrive within a reasonable time, there's a final option. At this point, you can threaten them with damages for their breach of contract on top of the cancellation.
Again, this must be reasonable and suit the circumstances. So if you'd ordered a wedding dress that failed to arrive in time, tell them you'll claim for damages for distress and disappointment in having to wear an off-the-peg number instead.
Hopefully the prospect of having to pay further costs will make them deliver on time. If not, put in a claim and negotiate a settlement; see step 3 above for a full how-to.
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