Argos/DHL - F/Freezer delivered damaged, replacement delivered damaged - options?

[Bigton3k]

Hi all, 

 

new here and hoping to help in return for any help provided to help resolve this issue.

 

to cut a very long story short, 

 

My friend bought a product online a fridge freezer to be more precise.

It arrived a week later and when unpacked it was extremely damaged, the retailer was appallingly bad provided disgusting service with terrible attitude.

to help move forward with this matter it was escalated after a real carry on (again not going into everything as trying to keep it short).

 

The matter was now with the executive team and they agreed the following given a week had passed and the machine was due to be exchanged shortly however given the service and manner it was handled we were reluctant to stay customers.

 

However they offered these options,

 

1. wait for an exchange to take place which was due in a couple of days bearing in mind that this was after a week had passed with the machine not being exchanged and trying to obtain there help with no avail, once it is replaced and successfully installed a good will/Compensation will be made of £75 in either a gift card or refund whichever is preferred.

 

2. Return the machine for full refund and they will provide a gift card for £35. 

 

given what had happened and hoping to just have the exchange take place we opted for option 1.

it wasn't that simple there were furher delays with the delivery but once the machine arrived this time - it was again damaged.

 

this time we were in discussions with their delivery team who offered compensation for the damage to the item and the initial offer was acceptable and accepted given the time that has passed with no machine just was desperate for one.

 

have the machine now finally and despite having some damage were happy to keep it with the damage payment that is offered by the delivery agent and processed through the retailer.

 

That said the agent of the executive team wanted confirmation of when the item was installed that it was done

he then mentioned previously that due to the further issues he would be increasing his initial offer of £75. 

 

now ever thing is finally sorted we contacted him to advise,

he then advised he would review everything and make the offer of goodwill for the whole service aspect and the hellish trouble we were put though.

 

he emailed us offering £150 to bring the matter to a closure and we appreciated the offer.

 

We replied via email to accept.

 

He emailed to say they won't be making the payment as payment was made for damage to the appliance for the damages?.

 

This doesn't seem fair or legally right  and I believe my understanding is that this is under contract and that they should honour this payment

we have emailed them and asked that this is made but they refused and are ignoring it.

 

Can anyone please advise because I am pretty confident that since this offer was made they are obligated to pay it as its a written agreement and technically a contract

we have already told them we will seek to bring this before the court but don't wish to do so and then don't use a ADR service so unfortunately can't use that 

 

Any recommendations of advice would be appreciated.

 

Thanks again for any help.

 

T.

 

 

 

 

[BankFodder]

Who was the seller?

 

Who is the delivery agent?

 

What was the value of the fridge?

 

Have you got any evidence of these exchanges?

 

Have you read our customer services guide?

 

 

[Bigton3k]

Hi, 

 

Thanks for the fast reply,

 

Well I'm not sure if I am able to mention the retailer but it's well known.

 

They have a delivery agent they use again not sure if I can say.

 

The value was around £400 on special offer and was in stock so wasn't a stock issue why it took them so long to exchange.

 

Yes, I've had a quick look after you've mentioned it and must admit I have a similar thing I do myself given how companies act now.

 

We have calls recorded but further to this we also have a written Offer from them offering the amount and a written reply from us to them accepting it.

 

They are not offering it now because the item was compensated for due to the damage which is not right we feel as he was fully aware of this when he made the offer as he reviewed the case prior to increasing his offer. 

 

Unfortunately they won't budge after writing to the CEO and even advising them as mentioned about court action and providing them with our pre-action protocol under the civil procedure rules.

 

Nada they won't do anything if anything to be honest they want the fight which just seems bad practice as they are very cocky and unfortunately can't speak to them anymore over the phone due to their barbaric service.

 

 

[dx100uk]

name names

we wouldn't ask if it was not allowed.

 

dx

[BankFodder]

Maybe you should get your friend along to do it directly. We don't do secret squirrel here so we prefer to be open and straight dealing and honest and also if we deal directly with the person who has the problem, we can generally speaking avoid Chinese whispers

[Bigton3k]

15 minutes ago, BankFodder said:

Maybe you should get your friend along to do it directly. We don't do secret squirrel here so we prefer to be open and straight dealing and honest and also if we deal directly with the person who has the problem, we can generally speaking avoid Chinese whispers

I'm happy to do it directly, they can't do it as there is circumstances why, I am full converse with it and no Chinese whispers here. Just didn't want to publicly say who they are to be open and honest without the need to. I know the situation fully and understand it and to be fair was hoping to have others opinion on it which seems a logical thing considering it has been a terrible ordeal as they are a large company and I have to respect if my friend doesn't (yet) want companies names mentioned.

 

Any thoughts appreciated.

[BankFodder]

Well if you won't give us the information we need, then it is very difficult to help you.

 

This is not some friendly social media platform. There are lots of places you can go to if you want that kind of exchange. We are a busy and highly effective National  Consumer Service which has successfully advised tens of thousands of people over the years. We don't charge any money but we need you to engage with this thread as if you were paying the going rate.

 

You say they are a very large company.  So what?  If you need permission from your friend then bring them along here and get them to give us the story themselves. It will be easier all round

 

If you want to bring them to heel and if you want us to help you do that then you will have to do Layout the story succinctly  in a chronological bullet pointed way with the information we need.

[Bigton3k]

OK, it's not that they were reluctant and understand why as like I said its been an ordeal, 

 

So if its that important the company is Argos and the delivery company is DHL.

 

Anything else you need give me a shout.

[dx100uk]

you are arguing about a promised £150 compo.?

pers i'd not go anywhere near a courtroom door for that value.

 

yes its wrong an item and it's latter replacement both arrived damaged.

but you've accepted the last damaged item as a goodwill gesture

it would be nice if they reciprocated.

but you need to remove the emotions from the deal.

 

the item cost is £400, you have it, all but damaged now, you'd be hard pressed to get any firm to agree £150 off for damage.

that's why he reviewed things.

 

DHL independently offered compo too?? ..sorry your story is a bit diff to fully comprehend.

[dx100uk]

retitled and moved to the Argos Forum

 

dx

 

[Bigton3k]

Oh.... Trying to explain it,

 

as it stands second item arrived that too was damaged but usable,

reported it to them and they advised i can keep it if Happy with a damage payment which is separate from goodwill for service etc.

 

Told Argos they advised they would review everything, which they did

this was after the damage payment was agreed and issued,

 

he then said from Argos that they (Argos) couldn't resolve the damage that was down to DHL so they resolved the damages.

 

DHL resolved the damage aspect of the issue.

 

DHL deal with damage aspect of machines they deliver then they refer that to Argos to make a payment for the damage that does not include any other aspect of good will or compensation as its classed as a separate matter (as this is what they advise)

I can only presume they claim it back from the insurance or something? Or DHL pay them for this.

 

However it was agreed that once that was resolved they would then review the case in full which was done and then the higher offer was made and then pay the gesture of goodwill for the inconvenience etc and service aspect of things.

 

Once that was done we replied with an acceptance of his offer.

 

Then the next day advised they wouldn't be making the payment despite making the initial agreement that the appliance once delivered successfully the goodwill would be paid.

 

It isn't right that they deem this is OK to do,

it was in all honesty disgusting the way they went on about the matter from the onset

and as I've said they initiated this by offering it and was agreed upon

 

otherwise the machine would have been sent back or returned for a full refund as the damage aspect was and is separate aspect but is incorporated with this because they still advised they would be paying goodwill in addition to the damage to the appliance.

 

Each to there own but £150 is £150 and they made the offer which was accepted. 

 

I was asking where we would stand as I feel it's worth fighting for

I appreciate what you say however an agreement was made which technically I thought was a binding contract?

 

Thanks in advance

[BankFodder]

So let’s just try and get to the nub of this:

 

1. You ordered a fridge freezer from Argos
2. it arrived damaged
3. Argos agreed to exchange the fridge
4. they made various proposals for a solution
5. you agreed to accept £75 compensation after the replacement was installed and received
6. the second fridge freezer arrived and it too was damaged
7. because of the additional issues of the further damage, Argos offered an additional £75
8. in an email Argos offered £150 in order to bring the matter to a close
9. you accepted this by email
10. they then withdrew the offer of the second £75 – I’m not clear as to why they did this
11. they are now ignoring your emails

Could you please answer my point 10 and make any additional comments.

 

Also, how long ago did this happen? When did you order the first fridge freezer? When was the replacement eventually delivered and installed?

[Bigton3k]

Sure, not trying to complicate things,

 

So answers next to your questions.

 

You ordered a fridge freezer from Argos -(yes)

it arrived damaged

Argos agreed to exchange the fridge - (yes)

they made various proposals for a solution (not quite)

you agreed to accept £75 compensation after the replacement was installed and received (no it was agreed before pending successful delivery that was the plan that was initially accepted)

the second fridge freezer arrived and it too was damaged

because of the additional issues of the further damage, Argos offered an additional £75-( no not quite they offered the addition for further problems another missed delivery and additional problems with the service not because of the damages)

in an email Argos offered £150 in order to bring the matter to a close you accepted this by email-( yes this was towards the end of the matter this was after they done a full review which included the first offer and after the damage payment was made) 

they then withdrew the offer of the second £75 – I’m not clear as to why they did this-( they won't assist with it and are refusing to make payment not particularly cleat why either).

they are now ignoring your emails- ( they withdrew it all didn't pay anything that was agreed upon in relation to this payment).

Could you please answer my point 10 and make any additional comments.

Also,

how long ago did this happen?

When did you order the first fridge freezer?

When was the replacement eventually delivered and installed?

 

They haven't paid anything in relation to this

they wanted to increase the offer,

so did so and it was then that they increased it to the 150 and

it was acceptable as mentioned

they haven't reverted back to the £75.

 

But all of a sudden decided not to honor it,

it was bought last month

it took around two weeks for the replacement to finally be delivered and installed as they say.

 

Hope that helps.

 

[BankFodder]

Well you are making it complicated.

 

I asked a simple question – when did the new replacement arrived and was installed – I'd like a date not simply just "two weeks ago".

 

Also, what was the extent of the damage on the replacement.

 

Also, please can you post up the emails  in which they offered £150 and the email in which you accepted it.

 

By what means did they then withdraw the Offer?

[BankFodder]

I'm still waiting for a response to this. We can probably help you get your £150 but you will have to engage with the thread