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Delivery people damaged an existing appliance whilst delivering a new appliance and won’t admit it!

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Recently I took delivery of a tall wine cooler and whilst it was being brought into my kitchen by two men with a “Sack” trolley they damaged the stainless steel face of my fridge freezer. It happened by accident/negligence as they tipped the cooler backwards in order to remove some packaging on its base. This caused the back edge of the cooler to strike the face of the fridge freezer and I pointed this out to the men who did not accept it was of their doing and left😳. I took pictures of damage and sent them to the store I purchased the cooler from and had a reply which indicated an apology and would I want a purchase reduction or a new door? Their second reply denied responsibility and said they could not help as to damage the fridge at the height it was would have meant the men delivering the cooler would have lifted it above waist height and that was against health and safety🙄
I have made a claim via my house contents insurers who have since said they will eventually get around to effecting some type of repair (on hold due to virus issues) but could not take issue up with delivery people as it was my word against theirs 🙁. I haven’t sent them the email replies I received, just the pictures of the damaged fridge. I suspect the first email regarding compensation or new door was made because that person thought I was complaining about damage to the appliance I had just purchased from them but can’t be sure. The supplying store just prevaricate and told my wife in a phone call (after numerous failed promises to return calls) they would investigate further but played the “virus” card citing delays etc. I agree it’s not untrue to say this during this time but I get the feeling it’s a delaying tactic!  I have taken a complaint out with “Resolver” and await the outcome but have I got any legal rights in this sorry saga? My fridge looks a mess and it’s just seven months old. Any views gratefully appreciated thanks. Stuart. 
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Comments

  • TELLIT01
    TELLIT01 Posts: 18,031 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    You say the damage was caused by the new appliance being tipped back to remove packaging, but the supplier is saying the damage is much higher than any which could be caused by such action.  How tall is the new appliance and how far up the existing appliance is the damage?
  • srt_3
    srt_3 Posts: 17 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hi and thanks for your reply. 

    Smeg cooler is 1850 mm = 6’06

    Samsung fridge freezer is 5.83 = 5’83

    I watched whilst it happened and saw it after they tilted the cooler back upright. 

  • srt_3
    srt_3 Posts: 17 Forumite
    Part of the Furniture 10 Posts Combo Breaker

    Oops the fridge is showing in cm but you get that the size is similar to cooler.  
  • srt_3
    srt_3 Posts: 17 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Oh sorry and damage point is 90mm or 7 “ from top of fridge.  
  • jennifernil
    jennifernil Posts: 5,722 Forumite
    Part of the Furniture 1,000 Posts
    So why does the supplier say they must have lifted it up?   Point out the heights to them, and that what they are claiming is nonsense
  • srt_3
    srt_3 Posts: 17 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Yes that’s the problem. I did say that but they just keep Fobbing me off with delay tactics. 
  • Boohoo
    Boohoo Posts: 1,245 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It doesn't look too bad to me from the photo you have put up.
    You said you have now got your insurance company involved so as it's now a claim you do know that for the next 3 to 5 years you new insurance will cost a lot more.

    As you have the insurance involved just let them deal with it.

     Thad offered you a few quid at the start of this as compo then you should of took that and then you could of just put a magnetic shopping/memo board over the small dent and nobody would ever know apart from you.
  • srt_3
    srt_3 Posts: 17 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Yeah I get your points but I would maybe get a small dent in my head if I suggested your last point to my Mrs 😊
  • TELLIT01
    TELLIT01 Posts: 18,031 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    I disagree with Boohoo.  That dent is pretty obvious and looks quite deep.  Why should the OP have to just grin and bear it if the damage was done by the delivery people?
  • srt_3
    srt_3 Posts: 17 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    My Mrs my Mrs agrees🙂
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