John Lewis Damaged Kitchen Floor, Not Repairable, Refusing To Pay For Replacement - court claim raised

[e21 Keith]

Quote

 

Dear xxxx

Complaint: reference number XXX

As you are already aware, we ordered a Samsung RS68A8820S9 Fridge Freezer from you (John Lewis) on 17 June, order no 404298754. Delivery was completed on 28^th June and at the same time my old Fridge Freezer was removed by you.

Any customer would have expected the delivery agents to take care of the customers home but in any event, and before delivery commenced, we asked the delivery personnel to take additional care not to damage the kitchen floor because it was quite new and undamaged. 

Despite this, your delivery agents dragged both the old and new appliances across the kitchen floor, resulting in deep scratches and gouges approximately 7 metres long from where the fridge was installed to the back door and back again. we pointed this out to the delivery agents who took photos and noted that they had caused the damage on the delivery note.

We complained to you and after receiving unhelpful responses and 2 weeks after this damage had been caused, I was obliged to write directly to your CEOs office and eventually you instructed Ecomaster to visit our home and perform an inspection.

We understand that Ecomaster provided a report on the damage caused by you Lewis to my property. We have asked you to provide us with a copy of this report but you have declined and you prefer to conceal this report from us. Rather than share the report, you have told us that on the basis of the report you were proposing a solution which involves some remedial treatment of the damaged area rather than the full making good. Despite our entreaty, you have continued to conceal the report from us so we are unable to verify or comment on its findings.
Your appointment of eco-master was made unilaterally and without any consultation with us and so clearly it can scarcely be considered to be an independent report and of course we reject its findings. We also reject your proposed solution.

You are relying on the following quotation which apparently comes from the eco-master report:

Ecomaster confirmed their Surface Repair specialist will be able to, if it's not too deep, sand out the relevant area; remedy this with detail/tinting the area in question, and then applying lacquer. If the scratch is too deep they would use a colour match filler, sand the area, detail/tint as required and then lacquer the area in question.

Clearly what you're proposing is a patch up job and which is intended merely to minimise your losses and protect your own interests rather than address all the damage which was caused by your delivery agents to our floor which was in pristine condition at the time.

Furthermore, it is clear from the wording of the extract of the report which you have referred to that the Ecomaster opinion is speculative and that they have in effect admitted that they don't understand the extent of the damage.
Significantly, Ecomaster have based their opinion on an entirely different type of flooring!

Taking matters into our own hands, have contacted the original flooring contractor who advised the following:

The Moduleo Impress LVT vinyl flooring was fitted to the kitchen, small hallway and utility. The vinyl plank has a .55mm wear layer fitted on a screeded floor. A fridge /freezer has been dragged across the floor leaving a scratch/gouge across the kitchen. Having spoken with Moduleo technical department they have advised the whole floor be replaced. They cannot supply a perfect colour match to the existing so a small repair would be of a different colour to the existing. The flooring cannot be repaired on site as it is a vinyl finish.

In an attempt to obtain a second opinion, I have also contacted IVC, the manufacturer of Moduleo flooring who advise the following:

At no time would we recommend or recognise this as an approved repair method for our Luxury Vinyl Tile Flooring. The lacquer layer is applied during production and is specific to our materials.  Any adjacent planks with a different lacquer will, in all likelihood, look different to the factory finish and will certainly have a differing durability/resistance. If this repair is carried out it will render the material outside of our warranty conditions and the installation would need to be covered by the repairer’s warranty. The duration of the warranty for this material is 20 years in a residential setting and I have attached a copy for your information.

The repair method proposed to us by you is a recognised repair method for wooden flooring, it is not a recognised repair method for the textured LVT flooring which we have installed in our home. We were later able to confirm through John Lewis that Ecomaster believe we have Amtico flooring fitted, however we informed John Lewis that we have IVC Moduleo on 26^th July. The Ecomaster report is therefore based on the wrong flooring.

Clearly Eco master do not have sufficient experience or expertise to carry out a competent inspection or report on the kind of flooring we have installed, or the damage which was caused to it by your delivery agents

The repair method proposed to us by John Lewis is not applicable to the extensive damage caused to my flooring and the floor cannot be repaired, it therefore needs to be replaced and we provide 2 quotations of which the cheaper one is the preferred option.

Your offer of £865 which included £150 of “goodwill” compensation was made with a 21 day deadline for acceptance and therefore expired on the 28^th August. This sum is insufficient to effect any satisfactory repair to our flooring and full replacement is required. You Lewis also stated in your email of 7^th August that you would not pay for the replacement of undamaged flooring. Both of the reports we have submitted state that any form of localised repair will not match the adjacent flooring, the colour, texture, finish, materials used and wear properties will all be different, additionally any form of repair as suggested by Ecomaster will render the remaining 18 year warranty on the affected flooring void. A repair to the damaged area cannot be considered in isolation as it will not be possible to match and will have reduced life. The only viable repair method for the damage to our flooring is to replace all of it.

The flooring fitted to our home extends the full width of the back of the house and from the front door to the back door, providing front and rear access as well as access to the living room, downstairs bathroom and staircase.

In addition, all the furniture and appliances from the kitchen and dining room will need to be removed, occupying all the space in the living room. As the remedial work is likely to take a minimum of 4 days we will have to move out of our home for this period, as we did when the flooring was first fitted.

Ms Xxxxxx is disabled and cannot travel far (medical information to be added in the final draft) we have a large dog and 2 cats, limiting our choice of alternative accommodation.  Therefore, in addition to the works required to make good the damage caused by your delivery agents to our floor, we will be obliged to relocate for the period of the works. This will incur additional expenses all of which flow naturally from the negligence of your delivery agents. The expenses incurred will be foreseeable and reasonable. We have obtained two quotations relating to the cost of suitable accommodation for the days during which we will be obliged to vacate our home. The quotations are included with this letter and of course we recognise our obligation to mitigate our losses and so we will choose the cheaper of the two. The quotation from AirBnB was found by applying filters for 2 adults, 3 pets, accessible parking, 2 bedrooms, 2 beds, 1 bathroom, Wifi, Kitchen, washing machine,  within 20 minutes of our home.
Accordingly, I am expecting you (John Lewis) to reimburse us to the tune of £XXX comprised of: –
 

Replacement flooring £5537
Alternative accommodation £820

Compensation £300

Recorded delivery postage £xx

We really are very disappointed and expected better standards from John Lewis both in the delivery of our new Fridge Freezer and in the handling of our complaint.

This matter has gone on for two months now and I'm sure you will agree that this is far too long.

 We look forward to hearing from you

Yours Sincerely

 

 

I think this is about as close to a final draft I can get to without adding personal information.

I keep coming back to the fact that the Ecomaster report is based on the wrong flooring!

Edited August 28, 2023 by BankFodder
Edits in red

[BankFodder]

Please monitor this thread for a reply tomorrow

[BankFodder]

If you are happy with the additional edits which I have suggested – in red, then include them and said the letter.

Make sure that you include copies of all the quotations that you have received so that they have a full file. No surprises. They must be perfectly informed.

Start drafting a letter of claim which I think you should probably send in seven days assuming that you get no reply or else you get an unsatisfactory reply.

Sign up to the County Court MoneyClaim website. Start preparing your claim. Post your draft particulars of claim here so that we can have a look.

Don't forget that once you send a letter of claim – then there is no going back. There is no point making a threat and then not carrying it out.

Your chances of success if the matter goes to trial are much better than 95% – the only matter in dispute will be the issue of quantum.

This is why you will make sure that your figures are absolutely tight. Detailed, justified and supported.

[e21 Keith]

Many thanks, looks great, I'll accept the changes, send it tomorrow and take your further advice. I'll post back here when I've had a reply (or otherwise) and with drafts of further documents.

I already sent them a letter of intended court action nearly 3 weeks ago with a 28 day deadline, so a new one will supersede that. 

[BankFodder]

Yes you must start again. As I've said before you're original letter of claim should be disregarded and we start from zero

[e21 Keith]

Yes that’s understood. Do I need to withdraw my initial letter of claim before issuing a new one, will the old one prevent John Lewis responding to this letter?

[BankFodder]

No you don't need to withdraw anything.

Play I bought some

[e21 Keith]

OK, The letter was sent today.

Is this the website I should be joining County Court MoneyClaim?

ccmcc | MoneyClaimsUK

WWW.MONEYCLAIMSUK.CO.UK

---

County Court Money Claims Centre (CCMCC) - PO Box 527, Salford, M5 0BY

 

[BankFodder]

Yes, that's the one.

However, you need to draft your letter of claim first

[e21 Keith]

Thank you for all your help so far, here is our Draft Letter of Claim.

Date xxxx

Dear Sir

Re: Letter of Claim Ref:xxxx

 

We write to you confirming details of my claim against you (John Lewis).

We ordered a Samsung RS68A8820S9 Fridge Freezer from you on 17 June, order no 404298754. Delivery was completed on 28^th June, at the same time your delivery agents removed our old fridge freezer. During the process of removing the old and delivering the new fridge extensive damage was caused to our kitchen floors by your operatives. The damage caused was deep scratches and gouges approximately 7 metres long.

You originally proposed a localised repair without providing any supporting evidence, however you are now offering only a settlement figure of £865 including compensation of £150 as “good will”

I have taken the advice of the original flooring contractor, the manufacturer of the flooring and a second flooring contractor, each of whom have clearly stated that repair of the flooring is not possible and that replacement is the only repair process available.

As no localised repair is possible I hold you entirely responsible for the damage caused and for all costs involved in repairing the floor including its full replacement.

My claim against you (John Lewis) is £6675 comprised of: –

Replacement flooring £5537
Alternative accommodation £820

Compensation £300

Recorded delivery postage £12.05
 

In support of my claim I provide the following information

Quotation for repairs from xxxx Inc. statement that the floor is irreparable

Alternative quotation quotation for repairs from xxxx

Email from flooring manufacture that repair method proposed by John Lewis is not valid

2x details and prices for suitable alternative accommodation for the duration of repairs

Receipts for Recorded Delivery costs incurred so far.

 

Yours faithfully

 

Mr xxxx

 

 

Ms xxxx

Edited August 30, 2023 by BankFodder
edits in red

[BankFodder]

This is not a letter of claim because apart from anything else it doesn't propose a date by which you are going to take legal action if you're demand for payment is not satisfied.

[e21 Keith]

I have accepted your changes and added a response time of 7 days which I will confirm with a date 7 in the final draft.

Is there anything else I have missed?

 

Quote

 

Date xxxx

Dear Sir

Re: Letter of Claim Ref:xxxx

 

We write to you confirming details of my claim against you (John Lewis).

We ordered a Samsung RS68A8820S9 Fridge Freezer from you on 17 June, order no 404298754. Delivery was completed on 28^th June, at the same time your delivery agents removed our old fridge freezer. During the process of removing the old and delivering the new fridge extensive damage was caused to our kitchen floors by your operatives. The damage caused was deep scratches and gouges approximately 7 metres long.

You originally proposed a localised repair without providing any supporting evidence, however you are now offering only a settlement figure of £865 including compensation of £150 as “good will”

I have taken the advice of the original flooring contractor, the manufacturer of the flooring and a second flooring contractor, each of whom have clearly stated that repair of the flooring is not possible and that replacement is the only repair process available.

As no localised repair is possible, I hold you entirely responsible for the damage caused and for all costs involved in repairing the floor including its full replacement.

My claim against you (John Lewis) is £6675 comprised of: –

Replacement flooring £5537
Alternative accommodation £820

Compensation £300

Recorded delivery postage £12.05
 

In support of my claim I provide the following information

Quotation for repairs from xxxx Inc. statement that the floor is irreparable

Alternative quotation quotation for repairs from xxxx

Email from flooring manufacture that repair method proposed by John Lewis is not valid

2x details and prices for suitable alternative accommodation for the duration of repairs

Receipts for Recorded Delivery costs incurred so far.

If I do not receive confirmation from you within 7 days I will start legal action against you (John Lewis)

 

Yours faithfully

 

Mr xxxx

 

 

Ms xxxx

 

 

[BankFodder]

please don't send this.

 

Standby for a reply tomorrow

[e21 Keith]

Thank you

[BankFodder]

It troubles me and I suspect that you haven't read up on the steps involved in taking a small claim in the County Court. It would help you and it would help us if you did this before you start taking action.

The letter of claim is okay – but if you had done some reading you would know that the minimum warning you have to give of a forthcoming county court action is 14 days – not seven.

[e21 Keith]

Many thanks for your help.

I have read the steps involved but I'm really struggling to take in all the information and I apologise for making some schoolboy errors.  I have amended the notice of County Court action period to 14 days.

Date xxxx

Dear Sir

Re: Letter of Claim Ref:xxxx

 

We write to you confirming details of my claim against you (John Lewis).

We ordered a Samsung RS68A8820S9 Fridge Freezer from you on 17 June, order no 404298754. Delivery was completed on 28^th June, at the same time your delivery agents removed our old fridge freezer. During the process of removing the old and delivering the new fridge extensive damage was caused to our kitchen floors by your operatives. The damage caused was deep scratches and gouges approximately 7 metres long.

You originally proposed a localised repair without providing any supporting evidence, however you are now offering only a settlement figure of £865 including compensation of £150 as “good will”

I have taken the advice of the original flooring contractor, the manufacturer of the flooring and a second flooring contractor, each of whom have clearly stated that repair of the flooring is not possible and that replacement is the only repair process available.

As no localised repair is possible, I hold you entirely responsible for the damage caused and for all costs involved in repairing the floor including its full replacement.

My claim against you (John Lewis) is £6675 comprised of: –

Replacement flooring £5537
Alternative accommodation £820

Compensation £300

Recorded delivery postage £12.05
 

In support of my claim I provide the following information

Quotation for repairs from xxxx Inc. statement that the floor is irreparable

Alternative quotation quotation for repairs from xxxx

Email from flooring manufacture that repair method proposed by John Lewis is not valid

2x details and prices for suitable alternative accommodation for the duration of repairs

Receipts for Recorded Delivery costs incurred so far.

If I do not receive confirmation of payment of £6675 from you within 14 days I will start County Court action against you (John Lewis)

 

Yours faithfully

 

Mr xxxx

[BankFodder]

Okay. Thanks – I think that just about does it.

Send it off and start preparing your particulars of claim on the MoneyClaim website.

The particulars of claim can be quite brief because you will refer to the letter of complaint and also to this letter of claim which basically contain all the details.

Post your draft particulars of claim here. Get ready to issue the claim on day 15 – you will probably have to. Only send the letter of claim if you are prepared to go to court.

If not then probably better give up

[e21 Keith]

Many thanks, I don't think I'm very likely to give up

[e21 Keith]

I received the following email from John Lewis today:

Thank you for your letter dated September 1st, and the further feedback provided.

In an effort to resolve the matter the offer I was authorised to make, as outlined in my email sent on August 7th 2023, was an £865 cheque in full and final settlement of your claim. We advised the offer would remain open for a period of 21 days and, if we had not received acceptance within this time, that the offer would be withdrawn. 

I can confirm that as of close of business on August 28th 2023, as we didn't receive your acceptance of our offer, that this has now been withdrawn. We do now consider the matter closed, and have nothing further to add to our previous responses. You are of course free to seek your own legal advice if you do not feel the matter has been adequately addressed.

Kind regards

Partner & Director Relations Case Manager

 

I don't think they have processed the Letter of Claim yet but I don't see it changing anything, so I will be drafting the Court documentation over the next couple of days

 

[BankFodder]

Who is the Partner & Director Relations Case Manager?

Did they give their name – and in which case, why have you omitted it from here

[e21 Keith]

Yes I do have his name, I've redacted all names in posts that I have made.

[BankFodder]

Well post their names please.

I have no idea why you want to protect these people

[e21 Keith]

I'm not in dispute with an individual. I'm in dispute with John Lewis. I do not have anything bad to say about the individual involved as they are almost certainly just following a flow chart, a process, they are not permitted to make any decisions, just to follow the process.  It's not unusual for a company to have a policy of refuting any claims over a certain amount in the belief that the claimant will just give up and go away, if that's the case they have chosen the wrong person because I will not give up until they have paid me what they owe.

If anyone is interested to know who this person knows I'm sure a search on LinkedIn will provide the information they're looking for.

[BankFodder]

That all sounds very decent and noble – but the people are paid by John Lewis to carry the message and to promote the attitude which you are having to deal with and which is causing you all of these problems, using up scarce public resources in the County Court and also taken up our time as a volunteer advice group.

If these people's names are known they will then think a little bit more about what they are doing and maybe they will speak their line managers and maybe somebody will feel sufficiently uncomfortable to reflect on the way they are treating you and other customers.
I'm afraid that protecting these frontline staff in this way simply protects management who prefer to hide behind the skirts of customer-facing fodder, and provides no encouragement or motivation to change anything.

I'm quite sure that you know people who go to a restaurant, get an unsatisfactory meal or unsatisfactory service and still leave a tip when they leave.
I'm sure you know people who go to a restaurant, get an unsatisfactory meal or unsatisfactory service and still pay the 10% or 15% "optional" service charge which is added to the bill because they are simply too embarrassed to quibble.

It's up to you but you aren't helping anybody – and in fact you are causing problems for the majority.