John Lewis trying to blame me for TV fault **SETTLED**

[Smith1976]

Hi - I have cut this down as far as I can while retaining Bankfodder's recommended points in the initial response to this thread.

Letter of claim John Lewis v2.pdf

[dx100uk]

a letter of claim does not need to contain a chain of events as to why you are going to raise a court claim if they don't settle within 14 days given.

 

it simply needs to show the reason why you are sending it.

in this case , because an item entrusted (not untrusted!!) to the defendants' care was damaged by agents employed by them 

[BankFodder]

Yes I agree that we can reduce the letter of claim a fair bit but before we go on, somewhere on this thread you mentioned that you had video of mishandling.

This could be significant evidence – and I suppose that you haven't brought it to the attention of John Lewis yet.

As much as we are happy to help you sue John Lewis I'm just wondering whether there might be some mileage in letting them see the video first of all – particularly if it is something you're going to rely on in court.

Any chance that you could link us to the footage here so that we can have a look at. I hope that you are not being frustrated by delay, but in the end you might get a quicker solution if the video is brought to their attention and they are told that the video will be produced at a court hearing if that's what they want.
 

[Smith1976]

Hi

that’s fine I’ll change the letter of claim just to say I am raising a claim and not include the series of events.

 

Yes I have video from my Ring device showing the rep taking the TV out of the van - it doesn’t show mishandling as such, more the fact the TV was not properly protected in my eyes during transport as he removes an extremely thin sheet of polystyrene from one side and there is nothing to hold the TV in place, also no box or cover to stop it moving around.

 

The John Lewis senior rep isn’t interested in seeing the footage - I have literally been going round in circles with them and I’m getting nowhere.

 

I can now only deal with one guy there and he just keeps saying both Sony and the engineers report the damage is in keeping with customer damage and that I must be at fault.

 

It’s not that I can’t afford to go and get a new TV, but I’m not taking this when I have not caused the damage.

 

I need to stand up for myself here.

[BankFodder]

Once again, I suggest that you don't send the letter of claim yet. I think it will be helpful if we see it – and also it would be helpful to look at the video and see if we can glean some useful ideas from it.

Please can you post up the video for us. You could upload it to YouTube and then give us a link

[BankFodder]

Also, when you make your posts, please could you avoid posting in solid blocks of text. It makes it very difficult for people to read – especially when they are using a small screen such as a telephone.

Properly spaced so that the information you are posting is more easily accessible. I pointed this out to you when you first posted and in fact my site team colleague had to restructure your story for you.

Thanks

[Smith1976]

Hopefully this link works for you:

 

 

 

[BankFodder]

Thank you. I think that is very helpful.

I gather that what I'm seeing is that the television is in the van with a load of other delivery items around it. The television is not packaged in any way. It is standing on its base.
When the driver clears out a couple of boards or something or other and we see that in fact the only covering on the TV – which is a purple coloured polythene bag has been hoiked up and the video shows very clearly the driver then pulling it down to cover the TV. The footage ends but presumably the TV is then taken out by the one or both of the people and brought to your home.

You can see the TV rocking around as other items are taken out.

I would suggest that you make one last contact with John Lewis and send them this link so that they can see it for themselves.

What was the last exchange you had with John Lewis? Could you please put the message up here. Presumably you have the email address of some customer service department.

Let's see the last message you had from them.

I rather suspect that if we make the case and offered in this link to look at, then they will fold. I would suggest that they should only be given a week after which you then send the letter of claim.

Let's see their last message and then we'll draft a letter of complaint to them giving them the link

[Smith1976]

Thank you. I have copied below my last email from them. When I called back I was told the engineer’s report shows ‘customer damage’ and they would not be taking responsibility. They would not entertain any further conversations with me:

Date: 29/01/2021

 

Thank you for the information you relayed to me in our recent phone conversation, and we apologise for the continued inconvenience.

 

We appreciate the frustration, and that this may not have been the response you were expecting. We have reports from our engineers here, that we must stand by. In this matter, we advise you to call us on 0330 123 0106, and one of my colleagues will be able to pass you through to our escalations team, where they will be more than happy to assist you with this outcome.

 

I thank you for your cooperation during this case, and trust that this complaint will be handled efficiently with our escalations team.

 

Kind regards
 

Megan Plews
John Lewis Technical Support
0330 123 0106.

 

 

[BankFodder]

Please check the draft below and see if it is correct and you agree with it.

 

Quote

 

Dear Sir/Mdm

Reference number XXX damage to my television caused by your delivery agents.

 

I have received your latest message in which you continue to deny any responsibility for the damage caused to my television.

I'm afraid you're quite wrong. The damage has been caused either by the repairer or more likely, by your delivery agents when they returned the television to my address.

I have a security camera fitted to my home and I have a video recording of the delivery which shows very clearly that when my television was carried in the delivery vehicle, it was not secure, not packaged, and appeared to wobble around.
The video footage shows very clearly that the only thing that was covering the television was a purple plastic covering which was not even properly attached to the television because it had hoiked up so that it had to be replaced by one of the delivery personnel. Furthermore, it is clear that the television was not properly secured in the van because the video footage shows it wobbling around as other items were taken out of the van.

 

I am providing you with the YouTube link to the footage so you can see for yourself.   https://www.youtube.com/watch?v=QJyusuBm4Ng&feature=emb_logo&ab_channel=MichelleRobold

I would like an immediate response to this message but you should understand that if you do not reimburse me in full then my next step will be to send you a letter of claim and then begin legal action in the courts and the video footage will be produced to the court by way of evidence.

Yours faithfully

 

 

My sense would normally be to proceed directly to a letter of claim and then issue the papers. However, as you don't appear to have made them aware of the video and I'm sure that they haven't seen it, I think that you should delay things for a few days because my own view is that the video will produce the result you're looking for.

If they do change their minds then this will save you quite a bit of time and get the matter settled probably within 10 days or so.

If they still stick by their position, then I'm almost certain that when this video gets to the court, you will get a judgement in your favour.

 

If they don't agree to reimburse you by close of business next Tuesday and I think on Wednesday you should send the letter of claim which we will help you draft
 

[Smith1976]

Hi I thought I should update you - no news from John Lewis. I received an email which was the acknowledgment of my email above to them, but I’ve heard nothing by email and no missed calls.

I guess I need to submit my letter of claim now? Thanks...

Edited February 9, 2021 by Smith1976

[BankFodder]

Well it's up to you, but I would send them a letter of claim.

I would tell them thanks for their letter that their response is completely inappropriate. This is been going on too long.

You are now informing them that if they do not provide a complete solution to the problem within 14 days that you will issue proceedings against them in the County Court and without any further notice.

I don't think you need to say much more than that. If the reference number of the case et cetera of course.

Have a read on this forum about the steps involved taking a small claim in the County Court so that you know the steps in advance and that you are confident.

Don't imagine that you will send the letter and they will fold. Don't bluff. You must intend to carry out your threat on day 15.

Hopefully they will put their hands up – but don't bank on it and be prepared to issue the papers.

Let us know what you want to do

[Smith1976]

Hi thanks. I’ll issue them with a letter of claim tomorrow morning. I’m happy to proceed to small claims if needed. Thanks again.

[BankFodder]

You might like to post the draft here so we can have a look

[BankFodder]

I suggest that you refer to the video in your letter of claim and point out that they appear to have disregarded it. Remind them that it will be shown to the court

[Smith1976]

I have just received this, where the engineer is still trying to blame us for damage to the TV:

 

Our reference: ....
 
Thank you for your recent email to our Head of Customer Services, your complaint has been passed to me as your sole point of contact until we have managed to reach a resolution.
 
First of all,  I would like to apologise for the level of service you have received.  At John Lewis we pride ourselves on our Customer care, this is why it most disheartening to learn that you have not been treated with the utmost care and respect we usually offer, please rest assured the relevant feedback will be left where needed.
 
After looking over the pictures you have kindly sent to us and speaking with the repair centre. I have been advised that the delivery drivers helped your husband take the television into the house due to the size of the set. 
 
Once the television was back in your house, the delivery drivers were asked to place the set down, as Mr Robold wanted to attach the set to the wall mount.  The delivery drivers did warn your husband about the plug and this was pulled away.  The delivery drivers then left without putting the television on the wall.
 
The repair centre have confirmed that when the set left their warehouse, it was in perfect condition.  On this occasion John Lewis will not be looking to provide you with a full refund or replacement; however, as a recognition of the journey you have experience, I am more than happy to offer you £130 as account credit.
 
I would like to thank you for your time and I will look forward to hearing from you.
 
Yours sincerely
 
Charlotte Wensley
Customer Relations Manager
John Lewis Technical Support
 

[BankFodder]

A couple of points. In your first post on this thread you said that you were advised to place the set down on its face. Can you explain this. Who advised it?

I see that they say that the delivery driver helps your husband to carry the set into the house. Of course this is disingenuous because it was the delivery driver to bring the set into the house and in fact it was your husband who help the delivery driver – but it was his job and his responsibility.
He was task the delivery of a television set that was clearly too big for him to hand on his own and so he was obliged to accept the help of the customer to carry in.
They have expressed it to look as if it was the delivery driver who was doing you a favour by helping you carry it in.

Next point is that they claim that the set was in perfect condition when it left the warehouse. No one is disputing that. I think the case is that it was incorrectly packed/protected during the journey to your home. It may not have been the first delivery so it may have been jostled around by other delivery items. (Can you tell us what time of the day it was delivered please?)
A single person was tasked to deliver items and clearly some of the items were simply too large to be carried easily or safely by a single person.

Finally, it is clear that some point the plug posed a danger and there was a risk of damaging the set – but in fact they are very specific that this was pointed out and the plug was moved out of the way before it could cause any damage.
 

[Smith1976]

It was the delivery driver who advised to place it down on its face which we were happy with as it was placed like that when they collected it - laid on a double layer of wool blanket to keep it safe.

 

I agree with your second point entirely.

 

I agree with your third point. The delivery time on 20th January was 10.55am. Also we were the first pick up on the date it was collected -  we were told they had other collections booked.

 

I have no idea if a plug caused this fault - but there was no plug near that screen and no conversations had about a plug. That said, I agree with your final point also.

 

I will proceed with the letter of claim, posting it here first.

 

many thanks

[Smith1976]

Hi. Is this okay as a Letter of Claim please:

 

Dear Sir/Madam,

 

Re Case Number xxxxxx

 

Thank you for your email which I received today, but I find your response completely inappropriate and sadly this matter has been going on for too long now.

 

John Lewis Partnership has chosen to disregard the video evidence raised in my correspondence which shows clearly my television was not secured during delivery. Clearly the damage to my TV is a result of negligent handling at some point by the repair company appointed by whilst in the care of John Lewis Partnership and we do not accept or have indeed signed off its return.

 

If I do not receive notification you have agreed to fully compensate me within 14 calendar days of the date of this letter, proceedings will be issued against you in the county court without further notice. I am prepared to use the video evidence I have referenced above in court.

 

Yours faithfully xxx

 

If this is okay, can I email it or is it best to send by recorded delivery to the head office?

 

Also, can I request 7 calendar days, or is it best practice to ask for 14 days?

 

thanks  

[BankFodder]

I've made an edit and also there was no need to include the kisses.

Probably best to send it by recorded delivery mail. You must give 14 days

[Smith1976]

Sorry! No kisses - just where I had blanked out my name  

 

I will let you know how I get on. Thanks again.

[Smith1976]

Hello again. I have just received the following response from John Lewis. Does this mean I can proceed with a small claim as I do not feel my points have been answered? Thanks...

Thank you for your email regarding your Sony television, I am sorry you remain dissatisfied with my response.
 
However, I have since contacted the repair centre and they have confirmed that when the television left the workshop, it was in perfect condition.

I would like to assure you that the Sony authorised engineers are trained to the highest levels enabling their diagnostics to be most accurate. As they provide tests and repairs for items purchased at John Lewis, we ensure that a trustful relationship is maintained. It would therefore be most unusual for the engineer to be inaccurate when submitting the report.

Furthermore, they have also advised that your husband asked for help rather than a doorstep drop off, due to the size of the television. As a gesture, the engineers complied with your husband's request. It was also duly noted that upon resting the television, in the presence of your husband, a plug was situated underneath. This has been deemed to be the cause of the damage sustained.

Nonetheless, as mentioned previously, I am more than happy to reimburse £130.00 as a gesture in recognition of the the amount of time this has taken; however, we will not be offering anything further.

While I recognise this may not be the response you were hoping for, I trust I have clarified our position on the matter.

Yours sincerely
 
Charlotte Wensley
Customer Relations Manager
John Lewis Technical Support

[BankFodder]

Yes, I would say that this is a rejection of your letter of claim and so I think you are free to issue proceedings if you want.

Have you read up on the steps needed to bring a small claim?

Have you registered with the moneyclaim online website?

 

 

[Smith1976]

Thanks. I’ll read up tonight on your links. I haven’t registered with moneyclaim but will look into doing that as well.

 

[BankFodder]

I think that's a good idea. It should normally have been done by now.

If you send a letter of claim then that means you have a plan of action in mind and you can see the route you are going to take.

It seems to me that you have sent a letter of claim – but with no plan and without knowing the route and the next steps.

So thank you so familiar with it all so that you understand what the procedure is that you are embarking upon so that you know in advance rather than having to fill your way step-by-step