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

[Smith1976]

Hi. I’m looking for some advice as I’m looking now to take JL to the small claims court after they are trying to blame me for a TV fault.

I’m honestly shaking as I type this as I can’t believe the faith I had in the store up until this point, for them to turn around and say they will not take responsibility for something that wasn’t my fault, instead trying to blame us.

 

My TV (costing £800) lost power after 18 months.

It has a five year guarantee and JL sent a local repair shop out to collect it a few days later.

 

I had to chase the TV, but it was finally returned about 10 days later.

Due to covid, I stayed in my kitchen with the children and my partner asked the delivery man if he needed a hand out of the van, which he did.

 

They both entered the house and laid the TV screen side down (as advised) on a double layered blanket.

My partner asked if we could check it to sign the fault repair off and my partner was told he couldn’t stay due to covid and within 30 secs had left the house and driven away.

 

About an hour later, when we had time to do so, we lifted the TV up onto the wall and switched it on.

We immediately noticed horizontal and vertical lines on the screen when powered and a very very small indentation to the screen, hard to see without close inspection.

 

I immediately called the repair shop who tried to blame my partner saying he placed it down on a plug or cable and we’re very rude and defensive telling me to phone JL.

 

JL were originally fine and had my back but then tried to also blame me and although we didn’t sign off the TV, there are no photos of the TV when it left the repair shop and no photos or video of it having been repaired - apparently they still believe we are at fault. We didn’t leave that TV after its delivery and I can be 100 per cent sure it wasn’t us. They can’t be.

 

JL have washed their hands of it - even with members of their own team apologising to me as they can see my side, but have to take the ‘expert report’ filed from the repair team. Their own view of our images of the damage apparently show it can only have been done by the customer - how???

 

I’m so, so upset to be treated like this.

I wouldn’t go to these lengths if I thought I was at fault.

I’d claim on my household insurance, but I can’t, as I didn’t do this damage - they did.

 

Am I right to go to the small claims court?

 

Thanks so much for advice

[Smith1976]

Thanks for responding the fault was that the power wouldn’t turn on

[Smith1976]

Thank you SO much for your response - that has been extremely helpful! I will let you know how I get on. I have said something similar to them this morning and they have quite rudely told me to proceed with the claim, which I have already started to write. I will indeed use your advice. 

I have also reviewed all my Ring device footage last night which thankfully shows the lack of care taken with my TV and lack of protection by the representative. Quite unbelievable that they can even suggest I have done the damage myself. Chat soon - wish me luck.
 

I spent six years working for BBC Watchdog some time ago - we could have done with you on the team! I felt I needed to ask for advice as I’ve been away from Consumer Law for so long now I wasn’t sure what changes were in effect since the Sale of Goods Act. Thanks again!

 

[Smith1976]

Thank you so much for this.

Unfortunately I left the team some years ago and no longer have contacts there. You are correct in saying people need to be made more aware of their rights and simply need to know what to do next. I’ve been left out in the cold by John Lewis and to be honest that hurts as much as anything having been a loyal customer for years. What you are offering here is an amazing service.

 

I have written up the events in detail, down to timings, dates, case reference numbers etc. I also have emails and reference these in my case. Should I post this here (it includes representative names, which I can delete)? Or is it best to private message this to you? 
 

I really don’t mind if you are too busy to look at this - honestly! I was only ever looking for someone to reinforce in a few words that I was justified in raising a case against them.

 

Thanks again!

[Smith1976]

John-Lewis Claim_V2.pdf

 

Hi I hope this uploads okay. We have spent some time documenting the events and working our way through any video evidence to support our case. Apologies it is lengthy. I am now going to slim this down somewhat for the Small Claims Court (and can post this here), but will hopefully be given the chance to provide full details to the court.

Thank you in advance for any advice you can offer

 

[Smith1976]

No I haven’t. Is this not for a business claiming a debt from an individual? 
 

thanks

Edited February 2, 2021 by Smith1976

[Smith1976]

I see. I’ve read the entire Hermes thread and see what you mean. I’ll get onto that tomorrow and post here first if that’s ok? Thanks.

[Smith1976]

My apologies. I will make a chronological bullet pointed account and also type a letter of claim and repost.

[Smith1976]

Please find a summary below. I am working on the letter of claim now and will upload here.  Thanks.

• I purchased a Sony Bravia TV on the 15.09.2019 from the John Lewis store in Southampton, costing £775.  It came with 5 year warranty.

• The TV lost power on 09.01.2021. John Lewis technical support line arranged for a repair team to take the TV away for repair the following week.

• The rep arrived on 12.01.2021. He took the TV and carried it to his van for repair at his workshop 20 miles away, but first making other stops on his way.

• The TV was returned on 20.01.2021. Our home security shows very little protection to the TV in the van.  TV delivered to house and placed on our dining table.  We were not allowed to check the TV repair or sign to say we had accepted the TV.  Rep left swiftly.

• TV was mounted on wall with existing bracket and found to have very slight damage to the screen - resulting in horizontal and vertical lines throughout picture.

• Immediately phoned rep who denied all knowledge and fabricated a story that it was damage caused by us. Phoned John Lewis who said they would investigate.  

• Further phone calls and emails exchanged on 23.01.2021, 25.01.2021, 28.01.2021 and on 29.01.2021 John Lewis decided they would not pursue this any further (having previously told us they would look to compensate) as it is “damage caused by the customer”.  A statement which is false. There is no evidence of it leaving the workshop undamaged, or arriving at our house undamaged and no sign off from us as acceptance of a fully functioning TV.

Edited February 2, 2021 by Smith1976

[Smith1976]

Hi - I have attached my letter of claim, basing it on the Hermes letter you referenced.  I have attached a pdf, but if a word document is better, just say.  Thanks!

Letter of claim John Lewis.pdf

[Smith1976]

Hi - I have reread some of the earlier posts and included some more of your points so hopefully this letter of claim reads better, apologies.  Thanks.

Letter of claim John Lewis (2).pdf

[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

[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.

[Smith1976]

Hopefully this link works for you:

 

 

 

[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.

 

 

[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

[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.

[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
 

[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  

[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

[Smith1976]

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

 

[Smith1976]

Thanks for your reply.
 

I just spoke to my partner at work and he has started to prepare for the small claim already, having had to take a company to court over a faulty mattress, he has been through the procedure before. 
 

I will let you know how we get on  

 

[Smith1976]

Hi. Here is the brief description of the claim for Money Claims:

 

I purchased a Sony Bravia TV from a John Lewis store in Southampton on 15.09.19 for £775 with a five year guarantee. On 09.01.21 the product failed to power up and was collected by a John Lewis representative for repair.

 

On its return, the TV was found to have a small amount of damage to its screen which when turned on renders the product unfit for use. John Lewis failed to take reasonable care of the item while it was under their control.

 

I have adhered to pre-action protocol before issuing this claim, having attempted to resolve the matter over the phone and by email with John Lewis customer care.  A letter of claim was issued by email and recorded delivery on 10.02.21, with John Lewis refusing to accept responsibility and full reimbursement on 15.02.2021.