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Ripped Coat on Lidl Display Stand


Gwen Mck
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I was in Lidl today and as I walked past a free standing display, I brushed past a piece of metal on the stand, which caught my coat and ripped it.

 

I asked the manager for compensation and he told me I had to write a letter to Lidl head office and take it in to the shop with the coat and both would be sent away to their head office to make a claim.

 

The coat was expensive and was in good condition (hardly worn). The rip is not very big but it has ruined the coat.

 

Can you give me any advice as to how to word the letter. I really want them to give me the total cost of the coat as it was a gift and as I am on a low salary I cannot afford to buy a new one.

 

Many thanks

 

Gwen

Edited by citizenB
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I will ask someone on the site team if they can help you draft a letter.

 

Did you get the Manager's name ?

 

Almost certainly this could have been quite serious if someone hadnt been wearing a heavy outer garment, so perhaps you should mention that as well.

 

Do you have a receipt for the coat ?

 

These are all questions that are likely to be asked.. so I am asking them to save time :)

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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They have a duty of care to protect customers and their belongings while in their store.

A claim like this should not be too difficult,but will obviously require you to be furnishing the proofs of your loss/damage.

Ideally you should have taken a photo of the protruding metal which damaged the coat, with a camera phone.

 

 

Stores have different policies in dealing with issues like this,and in many,a store manager would have some discretion,but if the manager has asked you write a letter for them to send to their HO then perhaps this is yjeir policy.

I would have thought that the manager would have took some details from you as stores have incident logs that are recorded.

 

Anyway provide as much info as possible about the cost of the coat,where it was purchased,price paid etc.Do not give them original receipts,copy of it will suffice.

 

You should write something like this;

 

 

FAO Customer Services.

 

 

Dear Sir/Madam,

 

 

Whilst shopping in your xxxxx store on xxxx 2012,my clothing was damaged as I walked closely past one of your merchandising stands.

This happened due to a sharp piece of metal protruding from the stand.

As a result,there is a torn area of my coat,which is being sent to you for clarification,following me reporting the matter to the store manager.

 

You have a duty of care in ensuring the safety of customers and their belongings whilst they are shopping in your stores.

My targets in resolving this complaint is a refund of the value of the coat which is £xx

My opinion is that a repair would not adequately see the coat back to its original condition.

If there is any further information that you require,please contact me on xxxxxxxxxxxxx or email xxxxxxxxx

 

This is not a complicated matter,and I expect it to be dealt with speedily.

 

Yours Faithfully

 

 

xxxxxxxxx

 

 

 

Keep a copy of the letter and make sure you get a receipt from the store manager for both the letter AND the coat.

Edited by MARTIN3030
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Take a copy of the letter and get the manager to sign it to say he has received the coat. Also take a photo of the coat before you hand it in

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Personally I think they will sort this without too much fuss..

There are other implications here -the most obvious one which is Health and Safety.

Things like this are not taken lightly by local Council HSE officers,involving them could potentially cost them a lot more than replacing a coat....they will be mindful and fully aware of this,so should be relieved you have not approached them with a complaint as many would have done !!

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Many thanks for your help. I took photos of the coat today and then I took the coat and the letter into Lidl along with a receipt which the manager has signed. The receipt is one I wrote myself which confirms that the manager (named) has taken receipt of the coat and the letter and that it was their suggestion to send the coat to head office after seeing the damage. I was told that due to the holidays, it might be a couple of weeks before I hear anything. I will let you know how I get on.

 

Thanks again.

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  • 4 weeks later...

Hi

 

I have now received a letter from Lidl saying that they do not accept liability or negligence but are prepared to pay me the sum of £49.99 as an ex gratia payment and if I accept that, they will not return the coat. However I had told them in my first letter that the coat would cost £65 to replace and I had asked to be reimbursed for that amount as the coat was only a couple of months old and was in excellent condition. Can you advise me as to how to go about replying to Lidl to ask for them to pay me the full amount of £65. Many thanks

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Hmm, doesnt sound quite right does it.

 

I will flag your thread for more input.

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4: Staying Calm About Debt  Read Here

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1: How can BCOBS protect you from your Banks unfair treatment

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4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You might not have been wearing a coat/jacket that protected you and the damage could have been far greater, it could have been someone's face or eye that was damaged. IMHO, I dont think they are taking this particularly seriously enough..

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Playing hardball in order to save £15 is ridiculous from lidl. By paying up quickly and in full, perhaps they would have retained you as a customer and made that back in one shop!

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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Your reference.;xxxxxxxxxx

 

 

Dear xxx,

 

Thank you for your letter in response of my claim for damage to my coat on xxxxx

 

With due respect,I find your offer of £49,99,falls short of the cost of replacement,and am disappointed that you are offering this since you were advised of the cost of replacement as being £65.

 

I therefore have to reject the offer,and should you not meet my targets for resolution in full,will have no option than to seek redress in the County Court,which will see costs being added for both issuing the claim,and also time and resources that were used from the incident been brought to your attention.

 

Further action such as a formal complaint to Consumer Regulators,and local HSE officers,are not ruled out,as is a full DSAR request including recorded images and footage from the store in question,under the Data Protection Act 1998.

 

I will give you 14 days from receipt of this letter to offer more realistic proposals.

I trust this letter outlines my position and will be dealt with speedily

 

 

Yours Sincerely/Faithfully. (as app)

 

 

 

xxxxxxxxxxx

 

 

 

Send recorded and addressed to the contact details with any reference numbers on their offer letter.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Whilst you are at it, as you havent accepted their offer, the coat is still yours and you might want to suggest that the keeping of it is theft and you will report the person who signed the letter sent to you to the police for that criminal offence.

 

Has the OP asked for it back?.

If not, all the firm has to do is say "holding on to it until OP asks for it back, in case we both agree it needs an expert opinion".

 

If the OP hasn't asked for it back, unless you can show the firm intends to permanently deprive the OP of the coat, it can't be "theft".

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Yes agreed.

I dont suppose they have any intention of keeping the coat in the absence of their offer being accepted.

No need to muddy the waters then.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 3 weeks later...

Out of curiosity - How was the metal piece there? Is it a display arm that you happened to catch at the wrong angle, or a sharp piece of metal?

 

If the manager was informed, then there is a good chance they have already looked at the piece of metal themselves, and if it was a standard piece of kit, then they could argue that it was not dangerous.

 

Unusual to find them only offering a partial refund and trying to keep the coat though.

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There was a free standing bread stand with bread tongs sticking out of it. The tongs had a slightly rough edge and a metal ring on it which was sticking out towards people walking past. As I passed it I was aware of my coat catching on it and ripping. I think it must have caught on the metal ring. I have noticed that in other branches of Lidl, these tongs are facing in towards the display stands rather than out towards the public. I suppose you could say however that it wasn't exactly dangerous but it did rip my coat. I still haven't heard back from Lidl so I'm not sure how they will respond.

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