Advice needed

macnic

Before Christmas my washing machine of 10 years broke down. To cut a long story short the engineer who visited my property 3 times to fix the machine accidently unplugged my freezer which was filled with food for Christmas (2nd freezer) instead of the washing machine. Unfortunately the machine and freezer are in a room that is not used regularly and it was not noticed that the freezer was defrosting. It was 5 days before the discovery, I contacted the insurance company who said that I had to contact the engineers company direct, which I did. The engineer accepted accidently removing the freezer plug instead of the washing machine plug. The Area Service manager also accepted in a letter, that the engineer could have accidently removed the wrong plug but two letters down the road the Manager is now stating he will not compensate us for the items lost coasting £238.23. He has offered us £50 as a good will gesture. Can you advise me if I can take this furfure as, the stress that it caused before Christmas was distressing enough and now I feel that they are taking the micky.

hollydays

Why has this taken 4 months?

CKhalvashi

I'd have thought their insurance would cover this and personally would push it for the money lost.

Did you photograph before throwing goods out, as they may want to say you've claimed for more than was in there.

CK

macnic

They requested we sent a list or receipt of itemised goods that was thrown away. As we had just brought the meat for Christmas I sent the itemised receipt from the butchers. The other items was brought from local shops, so as requested I sent an itemised list with the cost. That was on the 27th of December. When I hadn't heard anything by March I sent another letter asking them to refund the money. I was then told conveniently they hadn't received it, but this time they were asking more questions e.g. why wasn't it noticed that the freezer was defrosting, they wanted to know the size of my freezer, whether there was a warning light on it etc. So I sent a copy of the itemised list & butchers receipt and answered the questions. To be on the safe side I sent the letter by recorded delivery. I received a phone call from the company stating that the manager was on leave but it would be dealt with on his return. Today I have received the letter basically stating that it was my fault the plug should have been labelled freezer, and insulted me with the offer of £50.00. Unfortunately I didn't keep the food it was coming up to Christmas and the smell was awful or take photos, but to be fair this is the first time they have asked for proof that the food was spoilt and because they admitted that the engineer had switched it off and it was only a couple of hundred pounds I didn't think there would be all this grief. How stupid was I.... Am I right in thinking that they have entered my home to provide a service so therefore have some sort of responsibility under the Supply of Goods and Services Act 1982. Thanks guys for the replies I just feel so frustrated and out of my depth...I appreciate any advice you can give me.

shaun_from_Africa

macnic wrote: »

Am I right in thinking that they have entered my home to provide a service so therefore have some sort of responsibility under the Supply of Goods and Services Act 1982.

Quite possibly.

13
Implied term about care and skill.

In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill.

http://www.legislation.gov.uk/ukpga/1982/29

arcon5

I suspect they think your claim has been somewhat exaggerated and to be fair it does sound a large number on the face of it

shaun_from_Africa

As the freezer was stocked up for the Christmas period, it wouldn't be that difficult to spend £240 especially if there was enough stuff in there a large family.