How to get compensation for a late or missed delivery

This is a common worry. For example, say you order a new sofa from a shop and it promises to deliver everything to you 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 salesperson told you that it would be six to eight weeks, that's a guide and not a specific date.

However, 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 the retailer fail to deliver on time.

This can work even if the shop has already overshot the planned delivery date, though it's far easier to do when you're actually making the initial order. See how to add 'time is of the essence' for full info.

If this happened, 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 let you know 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 10 people in the house when the courier claimed they rang your doorbell and no one 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.

Mammoth time slots that require you to stay in for an entire day are all too common. Unfortunately there's little you can do about this from a legal point of view, if you've agreed to it. But there's nothing to stop you asking the retailer if it can do a narrower time slot.

You could try something like: "Look, this is a 10-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 to 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."

Yet you can't cancel purely down to the retailer refusing to budge on a delivery plan 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.

Whenever you buy goods or services and a company breaches that contract, you may qualify for compensation. This could be for a direct loss (such as if you didn't receive the item), or for an indirect loss occurring as a result of the breach of contract – what's legally known as 'consequential loss'. But if what went wrong made you lose out in additional ways – so, for example, if you have to take another day off work to wait in for a redelivery – you may be able to claim for this.

The point of compensation is to put you into 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 kinds of things count as consequential loss?

Don't try to be too clever here. You can only claim consequential loss for things that aren't 'remote' from the breach.

Saying you needed to take another day off as they didn't deliver is reasonable. But arguing "as they didn't turn up, I was late for my appointment, sped up and had an accident and I want them to pay for that" is too remote.

What if the company has a consequential loss exclusion clause?

This is a legal grey area. A company may have an exclusion clause that prohibits consequential loss claims, but that doesn't mean that this is allowed. It could 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).

Although it may seem 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 work anyway; the fact it turned out to be futile is aggravating, but not a loss in a legal sense. The key is what's needed to put it right.

So if the end result is you need to take a SECOND day (or morning/hour) off for a new date, you should be due compensation for loss of earnings or the holiday you've taken.

To have good grounds for compensation, your complaint needs to be considered reasonable in a court of law. So, if the failed delivery happened when the area's roads were closed due to snow, for example, you're less likely to have a strong case than if there were no adverse circumstances.

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 ask for compensation).

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.

Before you can legally claim, you're expected to try to 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 for 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.

As well as claiming for extra time taken off work, you may be able to claim for additional late delivery compensation as well.

There's nothing to stop you putting in a claim for extra costs incurred if they're legitimate (such as phone calls or fuel 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. Keep it reasonable (so no claiming for a private jet to work because your new bike wasn't delivered in time).

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, if you couldn't watch the Champions League final on your new 65-inch OLED TV as planned, and had to make do with your old 30-inch LCD instead. Or the new dining suite didn't arrive in time, and you were made to look a fool at a dinner party because your guests had to sit on the floor.

It's important to note that payouts after complaints are never guaranteed. But you may want to consider it, particularly if you've suffered substantial distress or inconvenience due to delivery problems. For example, 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.

Dear [insert name of retailer],

Order number: [insert your order or purchase number if there is one]

Ref: Delivery complaint due to breach of contract

On [enter date] you agreed to sell me [enter item].

[Use this section to claim for losses after a failed delivery, or delete]

It was agreed you would deliver to me on [enter date and time]. You failed to deliver. You would not then agree to deliver at a time which was convenient to me, and delivery was rearranged for, and took place on, [enter date]. However, I incurred loss due to your breach of contract.

I was compelled to take [select from unpaid leave/annual leave] for [enter one day/number of hours] which represented a net loss to me of £[enter amount you would have been paid]. I am writing to claim this amount from you. I look forward to a full and prompt response to this letter within 14 days. Failing this, I will bring proceedings against you in the county court for damages, and interest on them at the rate of 8% per annum and costs.

[Use this section if it didn't deliver on time and you want to cancel the order, or delete]

It was agreed you would deliver to me on [enter date and time]. You failed to deliver but time was of the essence. It was a condition of the contract that the delivery date would be adhered to, as stated on [enter where delivery date was stated – for instance, on the invoice/website/ sign in shop]. I no longer require the goods from you and because of your failure to deliver, I hereby terminate the contract. I claim the return of the sum of £[enter amount paid].

[Add this section if you would like to claim additional costs, or delete]

In addition, I also claim £[enter expenses] for [enter reason – for example, travel, phone, postage costs, increase in price for similar goods, compensation for loss of enjoyment, compensation for inconvenience if goods were for 'personal comfort']. This brings my total claim to £[enter amount and costs]. I look forward to a full and prompt response to this email within 14 days. Failing this I will bring county court proceedings against you for damages, interest at the rate of 8% per annum and costs.

[Use this section to add 'time is of the essence' to your contract, or delete]

It was agreed delivery would be in [enter time – for instance, three to five days] but so far delivery has not taken place. The delay has been undue and cannot reasonably be expected to continue indefinitely.

Therefore, I am hereby making time of the essence and giving notice that unless the goods are delivered to me no later than [enter a reasonable date – for example, 28 days], I will treat you as having repudiated the contract and call on you to refund all sums I have paid you, together with damages for breach of contract. This will include my expenses in having to buy the same goods elsewhere, and any amount in excess of the price I paid to you.

I look forward to your response within the next 14 days.

[Use this section for all letters]

Regards, [your name]

Before you go legal, you're expected to try to resolve things directly, and ideally send a 'letter before action' to say you're going to be taking the company to court. If you don't try, the judge could look unfavourably on your case.

Fees may be waived if you're on benefits or a low income, but for most, as well as the initial application fee (£35 to £455 for claims up to £10,000), you may need to pay a court allocation fee and/or hearing fee if your case ends up in front of a judge. However, it's worth bearing in mind you get these back if you win.

If you were to lose, it's rare to have to pay the other side's costs. The only things you might be liable for are their travelling expenses and the time off work needed to attend the hearing for them and their witnesses (not more than £95 each a day).

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 our How to complain guide. Again, if you're unsure, consider how important it is to you to claim, and do seek independent legal advice if necessary.

Taking a UK-based firm to court should only ever be a last resort, so think especially carefully before attempting this with a company from overseas, as it can be far more complicated.

Dealing with an overseas firm means more admin work and is harder to do yourself, as in some cases you may have to rely on further help from the court.

Claiming in the European Union is also complicated as you have to follow individual member states' procedures, with the single cross-border claims process no longer available in the UK because of Brexit.

If you've ordered something from a firm based outside of the UK, and it's not arrived when you expected, it may be easier and more effective to instead do a Section 75 or chargeback claim. This could be possible if you paid by credit or debit card, which you probably did.

See our guides to Section 75 (which applies to credit card purchases between £100.01 and £30,000) and chargeback (for debit card purchases OR if you're spending £100 or less on a credit card).

Here's a quick summary of what the Consumer Contracts Regulations cover – see rights when buying online for more:

• What's covered? Goods or services via mail order, phone or online.

• How long do you have to cancel? You've got 14 calendar days after you receive goods to cancel. If you've ordered a service it's 14 calendar days after you entered into the contract, although if it starts within 14 days and you then cancel, you may be expected to pay for any service you've used in this time.

• How long do you have to send it back? After cancelling, you have a further 14 days to send the item back.

• What's NOT covered? Exceptions include fresh food and flowers (for obvious reasons of decay!), personalised goods, accommodation/transport/leisure services purchased for a particular time frame, newspapers and magazines, lottery tickets, and sealed audio, video or computer software that's been opened.
  
  It also includes a service that has already started (unless it's in the 14-day cancellation period, when you may have to pay for what you've used).
  
  You also can't cancel if you have examined the goods in a shop then ordered from the same retailer online and this inspection was specifically noted as part of the purchase contract.

• How can you 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 all of the goods in your contract, as you have to send them all back in reasonable condition (but not necessarily in the same packaging). You'll also usually be asked to pay for return delivery, unless the seller doesn't say this in its T&Cs, or the goods were faulty.

• How do you get your refund? The seller must then pay back any money within 14 days of receipt of your items or cancellation of the service, 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.

To let the retailer or supplier know before you order, just ask it to add a note to your invoice. Key info to include is the phrase 'time is of the essence', the date it's needed by, and the reason. For example, 'Time is of the essence – must be delivered by 30 August 2024 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.

You can also try to add it if you're worried about timings on an existing order – see a step-by-step below.

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 you need the goods delivered by a particular date. Include the reason – for example, 'the dress is for wedding'. You'll need to specify a time frame – 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 email or letter above. Just delete the parts that don't apply to you, copy and paste and email, or fill it in, print and send. Keep a copy as reference. Like with contacting a company to claim compensation, it's best to send a 'time of the essence' letter by recorded delivery so you've got proof it's arrived. If you email the retailer instead, make sure you ask for confirmation it's been received – otherwise you risk being unable to legally prove that it's arrived.

Step 2: Follow up with a phone call

Hopefully, the company should reply to acknowledge your letter or email. But if not, follow up with a phone call to check it's received your message 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 the person you speak to hasn'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 continues to be obstructive, or it honestly levels with you and say there's no chance your goods will arrive within a reasonable time, there's a final option. At this point, you can threaten the company with damages for its 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 the retailer that 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 it deliver on time. If not, put in a claim and negotiate a settlement – see our tips above for a full how-to.

The retailer – and not the delivery company – is responsible for getting your package to you. If the item is stolen, missing or damaged, it's the seller that must offer you a replacement item or a refund, while also potentially being liable for compensation.

This is because your contract is with the retailer, making delivery the retailer's responsibility – not the courier's. You can learn more about this in the what to do after a failed delivery section above.

How much compensation you'll get for a late or missed delivery depends on the company you're claiming from and the nature of the claim. For example, you may be able to get compensation for any extra time taken off work or for the additional stress or inconvenience caused.

Check out the how to get failed delivery compensation section for more information.

When buying goods online from a retailer and/or using a courier firm you're protected by various consumer laws. These include the Consumer Rights Act and the Consumer Contracts Regulations.

These protect you as a consumer, giving you the right to expect that items should be delivered with 'reasonable care and skill', the right to cancel and get a full refund in some circumstances, plus more protections.

You can only claim compensation from a courier company for a missed or late delivery if you personally arranged for it to deliver an item.

For instance, say you bought a memento on holiday and then paid a courier to deliver it to you back at home. In this situation, it's the delivery company and not the retailer that you'd complain to.

If you chose a guaranteed or next-day delivery option, and paid an additional fee for this, you can claim a refund for the extra delivery cost if your item's not delivered on time. This is because the promised service wasn't fulfilled, which is technically a breach of contract.

You'll receive the difference between the price of the lowest (or most common) delivery service and the option you picked.

Should you still fail to receive the item later down the line, you'll be entitled to a full refund (for both the full delivery cost and item itself) and even potentially compensation.

Your best course of action here depends on the situation. If you're lucky, as happened in December 2014 when City Link went into administration, the firm may still hold the parcel for you at its depot. This does mean that you'll need to collect it yourself, however.

If the company won't deliver the item or you can't get to the depot, then you'll need to go through the retailer to get a refund or compensation.