John Lewis claiming not to have received the TV I returned

n14msp

Hi all, looking for some advice if possible. I ordered an LG TV a few months back from John Lewis online, and it developed a fault after a few weeks. After dealing with the customer service team for a while, they agreed that I could return it for a replacement/exchange for another TV. So I decided to order a Samsung from them instead. I expressed concern at the time on the phone call to customer service that I would struggle to bring the LG TV back to a store, as it would be tricky to fit it into my car. The advisor said that when the new TV I ordered gets delivered, the delivery driver would simply collect the faulty one at the same time and take it back. Anyway, this all went smoothly. But fast forward a few weeks, to yesterday, when I receive an email from John Lewis saying that they have not yet received the LG TV back, and that if I wish to keep it I need to pay for it.....So I rang customer service and told them that the driver collected it when he delivered the new Samsung. The advisor then informed me that he could not see any notes on the system, or any record of this faulty TV being collected from me. He also said he had never heard of this happening ever in his career (it felt like he was implying that I was a liar). I don't really know what I can do now? I don't have any CCTV or anything to back up my claim, its literally my word against theirs. They've opened an internal investigation, but in the meantime I'm quite worried in case they try and demand me to pay for it when quite clearly, 1) The delivery driver has stolen it, or 2) It's got lost somewhere in their warehouse as it has not been correctly logged on the system. Any advice? TIA

comeandgo

Did the delivery driver have documents telling him to do a pick up or did you ask him to take it away?

Ergates

Given the TV was being returned because it was faulty, and presumably the driver would have known this, it's unlikely they have stolen it.

ThumbRemote

Do you have CCTV on your house that will show him taking it out?

Alderbank

ThumbRemote said:

Do you have CCTV on your house that will show him taking it out?

Unlikely since the OP says 'I don't have any CCTV or anything to back up my claim'

leonj

I guess the may have just presumed it was your old TV you were getting rid of.  I mean if you hadn't included an address label of any sort of returns documentation what was the driver meant to do with it anyway?

cx6

if JL arranged and paid for the return (ie instructed the courier to collect it) then in law the return is complete once you hand it to the courier, who are in effect acting as agents of JL.

what happens to.it then is not your concern

sheramber

A few years ago we returned a faulty tv to JL. The courier did collect the broken one when he delivered the replacement. He was issued with an little disposable camera to photograph the tv before it was packed. As we had already packaged it he just took a photo of the package. 

neilmcl

I had to a replace a new faulty Microwave from John Lewis and the courier, Hermes, did indeed take the old one away when they delivered the new one, so it does happen. Having said that, they did give me a tracking number card so I had proof that it was collected.

Ergates

cx6 said:

if JL arranged and paid for the return (ie instructed the courier to collect it) then in law the return is complete once you hand it to the courier, who are in effect acting as agents of JL.

what happens to.it then is not your concern

Yes, but the question is: Did JL organise for the courier to collect the faulty TV, or was there some kind of misunderstanding and that wasn't meant to happen.  Only the OP can really answer that.

ComicGeek

Can't you ask them to access the call records from when you spoke to the advisor? If they confirmed in the call that the delivery driver would also collect the old TV, then I would have thought this would be reasonable evidence that they did collect it - what happens after collection is not your problem.

I have found it difficult to get confirmation of pick up from delivery drivers recently, none have been able to provide paperwork, it's all on their handsets. I've had to resort to taking a photo of them with the package.