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Damaged car due to fault in scraper! ** WON **


Hugh Jeffort
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Hi all,

 

This may seem a bit of a petty problem considering some of the questions and appeals for help on here but I didnt know where else to ask.

 

Back when the cold snap started I bought an ice scrapper from Sainsburys, on first use the scrapper blade seperated from the handle leaving the metal holder exposed, not realising this immediately I continued to scrap the ice off my windows. It was only when I brushed the ice away from the base of the windows that I realised the metal part had scratched the paint very deeply at the base of the windows.

 

My question is where do I stand with this? Surely its a design flaw that the blade seperates but I'm not sure if that means Sainsburys are libel for any problems arrising from its use! I havent had a chance to get someone to look at the damage but I know from experience that there is alot of work involved in fixing deep long scratches like these!

 

I have contacted Sainsburys and am awaiting a reply, just wanted to get an idea of where I stand, if anywhere, or if i've just been unlucky!

 

Thanks all and a very merry christmas

 

Hugh

 

After writing this I was trying to explain to my father-in-law what happened using the scrapper and have chopped the end of my finger off (Just skin)! Not having much luck with this thing!!

Edited by Hugh Jeffort
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Yes, irrespective of who made it, it is the sellers responsibility. The scraper will be deemed 'not of satisfactory quality'. If you intend to claim for the damage caused and not get your insurance company involved then you will need a written quote from a car glass replacement/repair company.

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  • 3 months later...

After giving them the complaint thumbs up here I am still waiting for their investigation. They now say they require the scrapper to carry out a quality check! I am reluctant to send it as once I no longer have it in my possession I have no way to pursue a small claim if they return a negative verdict on their investigation.

 

Can anyone comment on what I should do next? Should I send it or refuse?

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You can take photos and get a receipt from store. Take it in to the store and get them to send it on your behalf and ask for it to be returned when they have had a look at it.

have you got a qoute for the damage, send them that as well and ask for payment by return

Also tell them that if they do not respond in a reasonable time, say 4 weeks you persue the matter in court.

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  • 7 months later...

Thanks for that info, thought i'd post an update as things have begun to move. I sent them the scrapper, after marking it and taking photos. They sent it back to the manufacturer who has said that the damage was caused by me not using the scrapper correctly. They have not listened to my account of what happened and have said the scrapper should not have been used on the bodywork of the car. I didn't use it on any part of the car but the windows, the damage was caused by the scrapper coming apart during use, clearly a fault with the quality of the product.

 

Sainsbury's have agreed to pay me a 1/3 of the cost for repair as a good will gesture and to be honest im not happy with that. I did not use it incorrectly, I was using it in the dark and had it been in daylight I admit I probably would have seen the scrapper was coming apart and stopped before too much damage was done but having said that I don't think that constitutes it being my fault, no where does it say to use in daylight only!

 

The question is where do I go from here? What are my options? I have requested the scrapper back but have not yet recieved it. Am I correct in thinking that my argument remains with sainsbury's as thats where I purchased it?

 

Thanks in advance for any info you all may have?

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I had a scraper once that scratched my windscreen but it didn't have any metal on it just a plastic frame which I hadn't realised had a chip in it!

 

Never thought of making a claim at the time, but car long since gone.

 

Good luck with this, how many ways can you use a scraper for goodness sake?!

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Thanks raydetinu, I was going to report it to consumer direct and get advice from them too, maybe trading standards also, as many things as I can think that will make sainsburys see i'm not going away.

 

Dotty - Apparently there are loads of ways but only one approved use of this one.................left in the car and never used, that way it cant scratch anything!!

 

I'll keep you posted!

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  • 2 weeks later...

Well reported to consumer direct and got a swift reply telling me that I should do all the things I already did! I'm not sure they have read the overview I sent with the complaint as I detailed what I had done so far.

Guess its time to call trading standards? Or try calling consumer direct?

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Little update.

Following the advice of consumer direct I have answered the findings in the manufacturers report, unfortunately Sainsburys still say they are sticking by the findings.

These were that I used excessive force and used the scrapper on the paintwork of the car. I have tried to explain that I only used it on the windows and sent a picture showing how the detached part caught the paintwork while the scrapper was still firmly in contact with the window. Also you can move the scrapper part from the handle with 1 finger so I do not accept excessive force.

Sainsburys have offered me £300 towards the repair, the best quote I got was £960 so that is no where near enough to make a dent. They have offered it as a goodwill gesture, and dispite my rejection have maintained that the offer is still standing.

I am waiting on my access code for MCOL then I will start a claim.

Can anyone tell me, can I accept the goodwill gesture and still make a claim via MCOL. If my case is sucessful they can deduct it from any award made. Should I say I will accept the offer on the understanding that I will still seek compensation for the damage through the court process, or leave as is and just make the claim?

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I guess their first offer will of course be the lowest they hope to get away with a bit like insurance companies do with a claim so I would push for an increase, it hasn't taken them long to make an offer, although it's not enough.

 

How many quotes have you had for the work? Three should suffice to prove to them how costly it will be and as raydetinu said in an earlier post make Sainsbury's realise that you are not going to go away unless they settle this in full!

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  • 4 months later...

Hi all, this appears to have come to a conclusion so thought I would let you all know whats happened over the last few months......................

After receiving the disappointing offer from Sainsburys and then, as expected, not having the scrapper returned to me. I decided the only option was to take them to small claims and let the courts decide who was right.

Within two days of them receiving the papers I received 2 letters offering me the full amount plus fees.

I'm happy they have finally paid up but seeing as I was only after a contribution towards the repair they have ended up paying out more! Still I'm not complaining!!

Thanks to all who offered advice and support, its really appreciated.

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  • 1 month later...
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