How to get compensation for a late or missed delivery
'If I waste a day, then you'll pay'
It's enough to make you growl. You've been told you need to be in for a delivery or service installation – sometimes taking a whole day off work. And then they're hours late, or, even worse, don't turn up at all. Yet you can fight back if you know your rights, and you may even be able to force compensation for the lost time. In this guide we've full help on:
Delivery late, missing or damaged? Here's what to do
The excitement of expecting an item in the post can rapidly turn to disappointment and frustration if the delivery goes wrong. In this section, we've help – we'll tell you your rights if your delivery is late, goes missing, or arrives damaged.
But before we delve into things, a key point to understand is that your contract is with the retailer you ordered from, and not the delivery company.
When you order an item from a retailer, you're essentially creating a contract between the two of you, even if it's not written down. The promised delivery is a legitimate part of that contract – and if you've paid for goods but not received them, then you've got rights.
This applies even if you've paid extra for a specific courier company through the retailer. And you have the same rights and remedies if you have a contract for installation, or you've 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 scenario, the core service that you've paid for has failed. Here, you're protected under the Consumer Rights Act, which says specifically that services should be carried out with 'reasonable care and skill' (see full info on this in our Consumer rights guide). And, in this situation, you should complain directly to the courier (see below).
First, see if the delivery company can tell you where your item is
While you'll need to deal with the retailer to get any compensation for a botched delivery (see how to complain below), in the first instance you may be better off contacting the courier about a missing item. You'll also need to go straight to the courier firm if you've organised the delivery yourself separately.
Delivery companies typically have a customer service helpline or even online tracking facilities to help you find out where your parcel's got to. So if you know who's delivering your item, it's worth trying them first. See below for contact details for some of the main parcel delivery firms.
If your delivery doesn't show up on time (or in the right condition), there are three different forms of redress open to you. In brief:
Refund. If you ordered online or on the phone, you have the right to cancel an order within 14 calendar days and get a full refund under the Consumer Contracts Regulations, though you may need to pay to return the item. You have this right even if an item is delivered on time – but it can be a handy way of getting your money back if the delivery was late.
It's worth noting the Consumer Contracts Regulations also explicitly entitle you to a full refund if something arrived later than promised. If there's no specified date for delivery, then it must be with you within 30 days of ordering. After that point, you can legally cancel the contract and get a refund, regardless of whether the item was bought online or in store.
However, if you ordered in store for home delivery – say furniture or anything else substantial – you WON'T be protected by the Consumer Contracts Regulations. In this case, get 'em to agree to a delivery deadline marked 'time is of the essence', then you'll get a load of extra rights if things go wrong. Check out 'time is of the essence' for more details.
Compensation for extra time taken off work. If your delivery is late and you arrange for a redelivery, it's also possible to get compensation for extra time taken off work. We explain compensation for extra time taken off work in detail below.
Additional compensation for late delivery of goods. In some cases it may also be possible to claim for additional costs resulting from the late delivery, or even the inconvenience and distress it caused. This can be a grey area and you won't always be successful but it's worth bearing in mind – find out more details on what you can claim below.
Quick questions
In this situation, the company should be able to refund you the full amount. If that doesn't work, and you've paid even a portion of the cost by credit card, then you could try to claim under Section 75 of the Consumer Credit Act – as long as the item is worth at least £100 and under £30,000. For more information, read our Section 75 guide.
Where Section 75 doesn't apply, you may be able to use 'chargeback' rules. These allow the card provider to reverse a payment you've made to a retailer if it agrees you've a legitimate complaint, provided you've used a debit card or paid for an item worth less than £100 on a credit card. Check out our full Chargeback guide for more information.
This guide is more about redress and compensation for late deliveries – for full details on your rights when shopping, and how to get a refund or replacement, see our Consumer rights guide.
If your delivery arrives and it's damaged, you have a right to a refund.
And even if you discover this after signing for it, this shouldn't matter a jot – you still have the same rights as with any faulty item.
Signing for an item just means it's been delivered – you're not signing on the quality of the item delivered. However, 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 the damage was caused after delivery.
So it's better to change any wording to 'not examined', so it's clear that you didn't have the time to do this – otherwise, inspect 'em carefully.
Are you SENDING a parcel instead? Then check out some of our other key parcel guides:
- Keep costs down with our Cheap parcel delivery guide.
- Avoid forking out for potentially unnecessary cover by reading our Parcel protection insurance guide.
Claiming compensation for a failed delivery? Your need-to-knows
If your delivery's delayed and you have to take extra time off work to wait for a redelivery, it's possible to get compensation.
But this is all about when a delivery or installation's been booked for a certain day, and you've arranged to be in specifically to receive it – NOT simply when you stay in hoping the delivery may turn up.
Before we go through how to get compensation for a failed delivery step-by-step, it's crucial to understand the following need-to-knows. Having an understanding of your legal rights and being able to quote them boosts your chances of a successful complaint, and lessens the likelihood of you having to go to court, which ideally you want to avoid.
Remember too that it's also possible to get compensation for additional costs and even the inconvenience and distress caused by late delivery problems.
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How to get failed delivery compensation: Step-by-step
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 firm that a judge would rule in your favour – so it's in its best interest to reach a reasonable compensation offer.
Bear in mind that the sooner you complain, the better, and the more seriously the retailer's likely to take your claim. Although you've technically got six years to make a claim in court, don't wait this long, and aim to resolve things without having to take the legal route.
Step 1: See if you can get a refund or compensation via the company's own late delivery procedure
Some (but not all) companies have a standard procedure to compensate you for a failed delivery, so it's well worth checking the retailer's website or calling customer services to find out. Try to find a freephone number if you can.
If it's a busy time of the year, such as Christmas, then you may find it hard to get hold of the retailer on the phone or via email. Instead, you could try contacting it on social media – such as via X or Facebook – as responses are often quicker.
Trying to get a refund 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. At the very least you should look for a refund on the delivery charge – if you've paid for express delivery, be aware that you'll only get back the difference between the price of the lowest (or most common) delivery option and the more expensive option you chose.
Even if the retailer 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: If that's not an option, 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 sufficient, call the company and say 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 delivery delay, you may want compensation in the form of money. 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.
Ask to speak to the most senior person available, and always be firm but polite. Try something like this:
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 it doesn't agree, ask what it can offer – it 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 how the firm can fix it for you.
Step 3: Email or send a letter to the company
If it hasn't offered suitable compensation yet, email or send a letter to the company. This will shift your case up a gear by showing it that you know your legal rights, and that you're serious.
Again, while you don't want to take the case to court if possible, the email's about reinforcing that if you did, you'd have a strong case for compensation. So you want to show the retailer that it'll save itself a lot of further hassle and expense by reaching a negotiated settlement now.
It's crucial you receive a response back to acknowledge the email, however – otherwise legally you have no proof it's arrived. So, if you don't get a response, follow up by posting a letter by recorded delivery.
Need help with writing an email or letter? Use our templates
To help, we've drafted a template email or letter that you can use – you're able to choose which one of these you'd like to send.
If you'd find an email easier, you can access the template email below.
Copy and paste this into a blank email to be sent, add your details and then tweak it to suit your particular circumstances. Make sure to delete the brackets included after following the instruction – there are two types used:
- [BRACKETS]: Put your specific info here, then delete the instructions.
- [BOLD BRACKETS]: Just for info – after you've read, delete.
Once you've made the changes, read through the email carefully to ensure it will make sense to the recipient, before you send it off.
Alternatively, if you'd rather download a template letter in rich text format to print off and post, you can do so here. (Problems opening the letter?)
Used our template to successfully get compensation? We'd love to hear about it in our forum discussion.
Step 4: Accept the offer or negotiate
Once you've sent the email and/or letter, remember: everything hinges on your ability to negotiate. 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 it know and arrange payment. If you want to accept its offer but also you've got another related unresolved complaint, 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. There are no rights or wrongs here; it's about how hard you're prepared to push. If you're thinking of taking it to court, ensure you read the next section for full pros 'n' cons first.
Step 5: If all else fails – how to take 'em to court
Hopefully the letter should settle it. But if you've tried all the steps above and the company still hasn't offered you a satisfactory settlement, making a court claim is a last resort.
We cover the full process of going to court in our dedicated Small claims guide, plus tips for success. Be sure to read this in detail if you go down this route.
WARNING: Going to court can be risky and you should only consider doing so once you've tried all the other options. If the judge rules in favour of the company, you may have to pay its legal fees as well as your own. Therefore it could end up costing you a lot more than you may have already lost.
Making a court claim takes time and dedication, which you may feel just isn't worth it. If you're unsure about how strong your case is, get independent legal advice, and only proceed with a claim if you're willing to accept the risk involved.
The only person who can force action is a county court judge (sheriff 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.
Bear in mind too that this ISN'T generally a quick process. Court action can take about six months, so do factor this in if you decide to go for it.
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.
Important note: This step is based on the process for England and Wales. We've included the basics for the rest of the UK, but for more see the NIdirect and Scottish Government sites.
You can apply to a county court to claim back money you're owed. Previously this was referred to as taking someone to the 'small claims court', but now it's called a 'court claim'.
Here's one MoneySaver's experience for inspiration:
I successfully won a small claims case for damages after a failed delivery, despite the company's terms stating it wasn't responsible for failed deliveries. I won every penny I claimed, including £660.77 for late delivery damages.
Of course, for belt 'n' braces you could consider hiring a lawyer for larger claims; see the Law Society website for more.
Key points
Used the steps in this guide to successfully get compensation for a failed delivery? Let us know in the forum discussion.
How to 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.
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 they have problems locating you.
Leave a note. If you know you're having a delivery, leave a note on the door or 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. The driver can take that away and leave the parcel as instructed.
Pass it on. As MSE is highly viewed, I hope many people will see this and hopefully improve their delivery success. I deliver between 50 and 110 stops a day and if people would do the above it would make things so much easier.
Research offline, buy online for rights to a refund
Online shopping carries additional consumer rights protection, over and above buying something from an actual shop.
The Consumer Contracts Regulations mean that if you buy online or by phone, you've a right to change your mind within 14 calendar days, even if there's no fault. If you buy from a shop, you only have a right to return goods if they're faulty.
If you've bought online, you can send the goods back to get a refund of the price and original delivery charge – though not the cost of returning it. That said, many stores – such as Asos and George – offer free returns on online orders, and if you've bought from a high street shop's website, you can typically return items in store as well. Once you've cancelled your contract, you'll have a further 14 days to return the goods.
This is why many people have become 'roboshoppers', with 'robo' being an acronym for 'researching offline, buying online':
- 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.
The Consumer Contracts Regulations are also helpful if you're ordering for a certain delivery date (such as a birthday or Christmas). Let's say you order a games console online for a Christmas prezzie. If it doesn't arrive by Christmas Eve 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.
Quick question
If you need an item delivered by a specific time or date, there's a little-known rule of 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.
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. Add 'time is of the essence' to beef up your rights when ordering in store.
- It adds to your consumer rights. This is because buying in store means you wouldn't be covered by the Consumer Contracts Regulations which only protect you when buying online, by mail order or phone. They mean you're already automatically entitled to a refund if an item isn't delivered by the agreed date, or within 30 days if there is no agreed date.
- The retailer doesn'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 fairly 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. If it was, businesses would be forced to improve delivery service, which would be better for consumers – but at the expense of the companies.
So if you need your goods or service by a specific date (such as a present in time for Christmas, or windows fitted before you go on holiday), use this to build up 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.
Delivery rights FAQs
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