Paid Delivery not met, wrong product sent, now being ignored - want to claim damages as result

[Nick88]

Hello ALL, this is detailed, hope that is okay....step by step what I have gone through...my question is at the end... How do I value my damages for small claims court? - any advice or tips welcome!!!!!

It does make you wonder....companies can treat you so bad...just take money and not deliver!

I ordered on Thursday 14th May 2009; from online retailer.

Fuji F200 CAMERA + Leather Case + Silicon Power 8GB HC High Speed

+ NP-50 Spare Battery Saver Bundle Lens.

THIS IS A BUNDLE, not seperate orders in one go!

Order was paid for specific next day delivery.

A call was made prior to the order.

A call was made after the order.

On both occasions the product bundle was not listed as out of stock.

Delivery the next day was missing NP-50 Spare Battery.

Upon requesting confirmation of the missing battery, I received an email stating “You were made aware of the delay by the fact that the item was listed as ‘to follow’ on your invoice. There is of course no charge for the delivery of a to follow item.”

 

No email at any time has specified a date on which I might expect to receive the battery.

 

A request for goodwill compensation and notification when I would receive the battery was made by me.

I was emailed they had 30 days to deliver the product.

 

I informed you that this was a breach of the contract as you had not stated it was out of stock when I called the first time to confirm you had the product. Nor after I made the order when I called to confirm payment went through.

 

They wrote on 18th May 2009 “The battery is currently out of stock but is due in later next week”.

I informed you that I had ordered and paid for next day delivery, the very reason I chose your company. I also stated that I would be away from the 29th May 2009 for a wedding which was the purpose of the order. [/font]

They sent the battery via Royal Mail. Not recorded delivery as was the case for the paid incomplete first delivery.

received the battery at my address on Saturday 30th May 2009. [/font]

That is a span covering three working weeks, albeit it, 16 days

This was too late as I had left the country for the wedding on the Friday 29th May 2009.

 

It gets worse!

They sent the wrong battery. (I know, I could not believe it either!)

 

The invoice states NP-50 Spare Battery and they sent battery which is different.

I received a “Digital Li-Ion Battery Camera.Camcorder Wiederaufladbarer AKKU-Pack for PENTAX”.

I have bought a Fuji Camera....this is for PENTAX

As I did not have an extra battery, while in the hills of Brascia, Italy, I was unable to use the film feature of the camera for fear or running out of batter power.

 

Filming drains the battery life far faster than taking photos. Hence I went with the more expensive option of the bundle with an extra battery, and paid for next day delivery.

Photos were only confidently possible. As the father of the bride and groom’s family made toasts at the wedding towards the end of the day, I could only photograph and not film the speeches as battery power was an issue. Not being able to record those specially chosen words is a great sorrow.

 

Having friends around the world, and the bride’s brother living in Los Angeles, it was important to me to film the speeches to send it electronically and to keep for future family events. I am very sad that I could not do this because I did not have the battery that was ordered. It is hard to quantify the loss of opportunity.

 

The above has been written to the company, not in bullet point, and the below also to clarify my stress, pain and emotional toil.

Their response...after all my emails...."We will pass this matter to the returns department"....no one has contacted me, and I went away for weeked trip recently and my camera ran out of batter power when on the river boat. I was so upset. Again! YES I have been away twice and still not received the full product!

 

My question is this, how do I quantify my loss in monetary terms?

Trip to italy cost £980 ( I kept all the receipts)

Battery it self £20

Trip to Berlin (battery ran out of the boat trip)....not compiled the cost!

NOT getting the wedding speech on film.....priceless opportunity lost!

PLEASE HELP ME! grrrrr! Date today - June 25th 2009

Nick88

Just to note, the camera itself is fantastic and love it!

Edited June 26, 2009 by Nick88