Damaged cooker hood

ELA88

I bought a cooker hood from Tesco direct on 18th March 2017 but it was part of their 'Tesco Partner' so was actually from Appliances Direct. The hood was delivered on 27th March and I briefly opened the box and looked at it (but didn't take it out), it was the resealed and stored in the nursery as we were having building work done on the house and didn't want it to get damaged. The box was then opened properly on 15th May and when my builder and I took the hood out the box the bottom corner was damaged, it looks like the hood has been crushed as it's mishapen. I contacted Tesco customer services who said they had to contact Appliances direct to arranged a replacement. AD then responsed to say it's out of 30 days so they're not interested.

I then contacted citizens advice who said that I need to deal with Tesco as they are the trader I had a contract with, so contacted them again to complain, they basically said it was damamged in my home and I would have to prove otherwise. I then contacted the CEO of Tesco who's team also replied saying I can't prove it was damaged on delivery.

Citizens advice contacted my local trading standards on my behalf who contacted me to say I need to continue pursuing Tesco as they're in the wrong, but I don't know where to go from here! Shall I write a letter of complaint to Tesco, including more photos of the damage? Or should I try a section 75 as I paid by credit card (Tesco credit card ironically!) I don't know how to prove the damage wasn't done by me?

SouthUKMan

The problem you're facing is that the longer you take to report damage in transit, then the less interested the retailer is going to be in believing you / replacing the item. Tesco's own policy dictates that, where possible, damage should be reported within 48 hours. The onus is on you to thoroughly check an item on arrival. Complain within 24 hours and the retailer has little choice but to believe you. Leave it a month to complain, for example, and the retailer can easily say that the damage could have happened whilst with you. Leaving it two and a bit weeks is a bit uncomfortable.

As has already been explained, your contract is with Tesco. It's all very well for them to say you can't prove the item was damaged in delivery, but I would throw it back to Tesco and say they can't prove that it wasn't damaged in delivery.

Personally I would write a letter giving Tesco 14 days to replace the item and informing them that if they don't then you are putting them on notice of your intention to make a claim for the full amount through the small claims court. This should focus their efforts as the cost to them in terms of personnel time should make it cheaper to replace the hood. It's actually easy to make a claim.

Yes, a Section 75 is another way to go - however it's not a forgone conclusion that you will be successful as card providers do reject some claims. So my advice is to exhaust all options with Tesco first. If you bought the item using a credit card and the item cost more than £100, then the credit card issuer is jointly responsible with the retailer. They may potentially ask for evidence of the damage, and they may possibly - but unlikely - ask for an independent report on the cause of damage - a report that you will have to pay for but a cost that will be reimbursed if your Section 75 claim is successful.

Hope that helps

ELA88

Thank you, that's really helpful. I had drafted another letter to Tesco but wasn't sure if it I should claim through section 75 instead, but I'm not sure I would be very successful, especially knowing it is my fault for not inspecting it properly when it arrived. I'll finish my letter today to Tesco and fingers crossed I get a more positive response!