Is a customer service agent's agreement/promise binding?

[scaredcheese]

Hi, I'm new here and hoping for some help.

 

I have been dealing with a certain technology company (don't want to name them at this point) regarding a TV problem I have had for months. It came to a point where I was receiving so much confusing/differing information that I decided to write to Head Office to get my issue resolved (faulty TV).

 

The next day after sending the letter, I received a call from their consumer relations group apologizing for all my trouble and they told me they will definitely be sending me a replacement - they used the word definitely at this point and said the replacement was confirmed by head office. They told me that they just need to see whether I would get the replacement before pick up of my current TV, at the same time etc.

 

Next day I was called by another person, apologised to and told that the TV has to go to an assessment centre first as they didn't realize it hadn't so far (even though this was clear in my complaint letter and all communication with them thus far) before applying the appropriate remedy.

 

I was incensed, because this was a classic example of the type of confusing information i've been given so far.

 

There are many reasons it hasn't gone to an assessment centre so far, but my question is, was the original agent's promise/agreement binding? They told me in no uncertain terms that I would be getting a replacement and it was already approved by head office.

 

I am seeking a recording of the conversation at the moment.

 

Thanks for any help.

[BankFodder]

It might be binding - or it might merely be evidential.

I think that you need to let us know the whole story please

[scaredcheese]

It's a really long story which goes back to October last year... i'll try to sum up as best I can.

 

I bought a TV which did not match it's description (it was advertised as having functionality which it did not have). After 2 months they agreed to give me a different TV. I was content.

 

They hadn't picked up my replacement TV and I was chasing them for 3 months with the old TV in my care so they could pick it up. They finally arranged to pick up my TV - I was so thankful that I just wanted it gone from my care that I agreed to be home during the day and take time off work. I waited around all day and nobody showed up.

 

I had taken two days off work now for the replacement and the old TV being picked up - I was annoyed as none of this was my fault to begin with and they can only deliver/pick-up mon - fri. They then arranged pick up on an evening - they turned up.

 

After a couple of months the replacement had begun developing faults - it would randomly switch itself off, lose internet connectivity and not turn itself on. I sent photos of the issues to them. I went through troubleshooting steps and this did not resolve the issues.

 

I was told it needs to go to assessment centre and someone needs to pick it up (monday - friday again). I said that I have wasted so much annual leave already that I was apprehensive about doing so again, but I agreed. They began to arrange the process. I was then contacted by them a week later trying to troubleshoot the issues again. It went around for another 2 weeks before they said it needs to go to assessment. I explained this was already agreed two weeks ago!

 

I was then asked if the issue was happening now and I said no, the problem is random and is not happening right at this second. They said if the assessment centre does not see the fault in their care, they will charge me. I asked what am I then supposed to do. He then said ok you won't be charged as I have made a note.

 

Next day assessment centre calls and asks me to describe the problem. I explain and he says I WILL be charged if they dont find the issue - and the TV company had left no note telling them otherwise.

 

I then contacted the TV company again and asked what was going on - that I am being messed around and receiving conflicting messages all the time. I said the TV has issues and I have sent evidence to you. I asked if they could send me a replacement.

 

He said they acknowledge and confirm the TV has a fault (email confirmations) but could not send a replacement as my TV was no longer in stock and that is why they would only offer a repair. I asked for an alternative model and they said it's not similar enough to my TV so only a repair.

 

I then contacted their head office explaining everything.

 

I received a call from the customer relations team saying sorry for everything so far and all the confusing information. They said they have contacted head office and approved the replacement being sent to me. I was told I would definitely get a replacement they just need to arrange when and get back to me.

 

Then they call me apologizing and saying that I have to send it to the assessment centre before applying an appropriate remedy as they thought it had already gone (I don't know where they would have got this from at all).

 

My main concern is the intermittent issues not appearing at the assessment centre (already explained to them) - even though I have sent them evidence and they have confirmed that the TV is faulty. If the intermittent issue does not manifest at the assessment I would be going back to square one and have lost another day off work. As well as that, they have given me such conflicting information that I do not know where I stand - I speak to someone different all the time and the information they relay back to me is often incorrect or I have to repeat myself and give the same information.

 

As yet they cannot explain to me what happens if the intermittent issues do not appear at the assessment centre. I wish I could just go buy a TV from another company and be done with it but I spent so much in the first place, that I cannot justify that.

[i hate bailiffs]

How did you pay for this credit card?debit card?

If so you could claim charge back and reject the tv

Along with SOGA

Tell them to collect the old tv at their cost

[scaredcheese]

The TV was paid by debit card - I don't use credit cards anymore, but probably should.

 

This company are so hard to deal with though - their customer service agents sound like robots.

[i hate bailiffs]

Debit card you can do charge back

[Migster]

Isn't the standard chargeback window 120 days? Sounds like the OP might be outside of this.

[scaredcheese]

Yeah I am outside of the 120 days with this. Although not at the first time I contacted them about it. I contacted CAB and they seemed to say that it was a binding contractual agreement. I don't know though