Compensation Issue - advice needed please

KBTania

Hi

I'm hoping someone can advise me. I think the most straightforward way for me to fill you in on the background of my issue is to include copies of emails sent and received so far:

Dear Mr. xxx,

I write to complain about two issues. The first being the packaging of the above named product. I bought the product along with two others from your store (xxxx) on the 03/08/2012. On purchasing I placed them in my shopping trolly to transport them the short distance to my car. On arriving to the car I opened my trolly to discover that the above product had opened and white emulsion paint was everywhere. I returned promptly to the store as this was not acceptable. I explained exactly what happened to xxx (Duty Supervisor) who initially informed me that there was no way the paint container lid could have popped off as I had explained it. xxx got another container of the same product off the shop floor, and proceded to drop the product onto the counter, at which point the lid popped off that container also. At this point he accepted I was not being dishonest as his initial tone and attitude towards me had demonstrated.

xxx offered to compensate me 3x £16.79 (price of product) which I refused when it transpired that this was only for the cleaning of my now ruined jacket and nothing for the ruined shopping trolly. I asked for all my purchases to be replaced and not just the emulsion, which was offered. The purchases were replaced, but not free of charge. If my purchases had been replaced and refunded, along with the offer of 3 x £16.79 then I would have accepted. My trolly was not a cheap buy and nor was my jacket, both of which are now ruined.

My second complaint is regarding the way xxx dealt with the incident. He was hostile, non apologetic and seemed to lack any form of knowledge on customer care! At one point he even tutted when I asked for the stores address. The experience felt like he wanted to intimidate me and that is really not on.

I have attached pictures.

I would appreciate a response to this email.

Thank you

The response I got was this:
Dear Ms xxx

With reference to the letter below.
I am aware of the events that took place at my branch and apologise for the level of service you received.
It is not the stores responsibility to ensure safe transport of the goods from time of sale once the goods leave the store. Neither does the store need to replace any goods that were damaged during transport. However, we can appreciate that accidents happen and in the name of good customer services will sometimes replace the goods lost.
xxx made a decision to not only replace the goods in question, but also provide a gesture of goodwill for the value of £50 towards the cleaning of damaged apparel.
This was a more than adequate offer and I am more than willing to honour this offer.
I will speak with xxx with regards to Tone and thank you for bringing this to my attention.


Should I accept the offer of £50 although it will come nowhere near the replacement sum for my items?

I called Citizens Advice consumer helpline, but they were not very helpful. Is there anywhere else I can go for advice on this issue?

The company is a big and well known name. I also copied the Area Manager in on the initial email of complaint, so they are aware.

Thank you.

KB

Enterprise_1701C

Have you got evidence of how much the coat and trolly cost? If you have then send them to the chap above, suggesting this is the amount you need, on top of the cost of your purchases, for replacement of the items.

Do not expect compensation as such - I personally would expect to be put back into the situation I was in before the paint spilt, with the purchases, jacket and trolley in the condition they were in. BUT the age of the jacket and the trolley would be taken into consideration.

Basically, add together the cost of all the items affected and tell them how much they cost, ask for that sum, do not ask for more because that will really get their backs up and they could equally turn around and withdraw the previous offer.

If you get nowhere, it is worth bearing in mind that at least one newspaper (The Express) that I know of have a weekly article in the paper where they fight for consumers' rights when the consumers are getting nowhere.

good luck.