AO delivery damaged my floor and are refusing my claim

MadMarch88

I recently purchased a new washing machine and fridge freezer from AO. When the new appliances were delivered, they took the old ones away. In the process of removing the fridge it was tilted to get it out the door and there was damage to the vinyl that appears to be from the feet being dragged on the vinyl. 

I should state here that we didn't notice the damage until the drivers had left as the new appliance was placed on top of the damage so we didn't see it until we had started unwrapping the items and moving them into place. The kitchen is quite small so there wasn't a lot of space to place the items.

I have submitted a claim with pictures of the damage and they refused on the basis that 'the damage wasn't consistent with the item delivered'. I appealed this and submitted more evidence to demonstrate measurements and point out that the damage was consistent with the appliance being removed. 

The claim was once again declined stating 'the damage was not consistent with the appliance being removed' and they are claiming that the measurements of the damage match the depth of the appliance but not the feet. I have no way of measuring this as I no longer have the appliance and I had to use the dimensions found online to back up my original claim. They haven't taken into account the size, shape and placement of the feet, or the fact that the twisting and turning of the fridge while it was being moved could cause the measurements to be slightly out (by a few mm).

I have asked for them to refer the case to the Ombudsman but I am stressed and frustrated by the response from AO. Short of carrying out some bizarre CSI style reenactment (which is not possible as I no longer have the appliance) I am not sure what else I can do. I feel that they are essentially saying that it's my word against theirs and they won't take responsibility without more definitive proof.

I have been left with 3 tears in the floor that are right by the back door and concern that the damage is going to get worse over time and present a trip hazard. 

Does anyone have any suggestions on how to move forward with this? Or what evidence I can submit to the Ombudsman to try and get this sorted?

With all the bills going up and the cost of living increase, this is something I could have done without. If it was possible to repair the floor then I would have accepted the original £30 repair compensation they offered. This whole ordeal has been stressful and definitely something I could have done without. 

Aylesbury_Duck

MadMarch88 said:

I recently purchased a new washing machine and fridge freezer from AO. When the new appliances were delivered, they took the old ones away. In the process of removing the fridge it was tilted to get it out the door and there was damage to the vinyl that appears to be from the feet being dragged on the vinyl. 

I should state here that we didn't notice the damage until the drivers had left as the new appliance was placed on top of the damage so we didn't see it until we had started unwrapping the items and moving them into place. The kitchen is quite small so there wasn't a lot of space to place the items.

I have submitted a claim with pictures of the damage and they refused on the basis that 'the damage wasn't consistent with the item delivered'. I appealed this and submitted more evidence to demonstrate measurements and point out that the damage was consistent with the appliance being removed. 

The claim was once again declined stating 'the damage was not consistent with the appliance being removed' and they are claiming that the measurements of the damage match the depth of the appliance but not the feet. I have no way of measuring this as I no longer have the appliance and I had to use the dimensions found online to back up my original claim. They haven't taken into account the size, shape and placement of the feet, or the fact that the twisting and turning of the fridge while it was being moved could cause the measurements to be slightly out (by a few mm).

I have asked for them to refer the case to the Ombudsman but I am stressed and frustrated by the response from AO. Short of carrying out some bizarre CSI style reenactment (which is not possible as I no longer have the appliance) I am not sure what else I can do. I feel that they are essentially saying that it's my word against theirs and they won't take responsibility without more definitive proof.

I have been left with 3 tears in the floor that are right by the back door and concern that the damage is going to get worse over time and present a trip hazard. 

Does anyone have any suggestions on how to move forward with this? Or what evidence I can submit to the Ombudsman to try and get this sorted?

With all the bills going up and the cost of living increase, this is something I could have done without. If it was possible to repair the floor then I would have accepted the original £30 repair compensation they offered. This whole ordeal has been stressful and definitely something I could have done without. 

If repairing one part of the floor isn't possible, you need to get a quote for replacing the vinyl flooring.  Then you pursue AO for a depreciated amount, i.e. if your floor would cost £300 to replace but is five years old, they might be liable for £150 (on the basis that you might expect flooring to last 10 years).  You're not entitled to the full sum because that would be betterment.

Send them a letter before action saying that if they don't propose an agreeable solution in 14 days, you will have the floor replaced and take them to small claims court for the depreciated value.

MadMarch88

Aylesbury_Duck said:

MadMarch88 said:

I recently purchased a new washing machine and fridge freezer from AO. When the new appliances were delivered, they took the old ones away. In the process of removing the fridge it was tilted to get it out the door and there was damage to the vinyl that appears to be from the feet being dragged on the vinyl. 

I should state here that we didn't notice the damage until the drivers had left as the new appliance was placed on top of the damage so we didn't see it until we had started unwrapping the items and moving them into place. The kitchen is quite small so there wasn't a lot of space to place the items.

I have submitted a claim with pictures of the damage and they refused on the basis that 'the damage wasn't consistent with the item delivered'. I appealed this and submitted more evidence to demonstrate measurements and point out that the damage was consistent with the appliance being removed. 

The claim was once again declined stating 'the damage was not consistent with the appliance being removed' and they are claiming that the measurements of the damage match the depth of the appliance but not the feet. I have no way of measuring this as I no longer have the appliance and I had to use the dimensions found online to back up my original claim. They haven't taken into account the size, shape and placement of the feet, or the fact that the twisting and turning of the fridge while it was being moved could cause the measurements to be slightly out (by a few mm).

I have asked for them to refer the case to the Ombudsman but I am stressed and frustrated by the response from AO. Short of carrying out some bizarre CSI style reenactment (which is not possible as I no longer have the appliance) I am not sure what else I can do. I feel that they are essentially saying that it's my word against theirs and they won't take responsibility without more definitive proof.

I have been left with 3 tears in the floor that are right by the back door and concern that the damage is going to get worse over time and present a trip hazard. 

Does anyone have any suggestions on how to move forward with this? Or what evidence I can submit to the Ombudsman to try and get this sorted?

With all the bills going up and the cost of living increase, this is something I could have done without. If it was possible to repair the floor then I would have accepted the original £30 repair compensation they offered. This whole ordeal has been stressful and definitely something I could have done without. 

If repairing one part of the floor isn't possible, you need to get a quote for replacing the vinyl flooring.  Then you pursue AO for a depreciated amount, i.e. if your floor would cost £300 to replace but is five years old, they might be liable for £150 (on the basis that you might expect flooring to last 10 years).  You're not entitled to the full sum because that would be betterment.

Send them a letter before action saying that if they don't propose an agreeable solution in 14 days, you will have the floor replaced and take them to small claims court for the depreciated value.

I have submitted two quotes. Had the claim rejected once and appealed it with further evidence. It has been rejected again so now I have submitted a case to the Ombudsman. 

Aylesbury_Duck

If that's anything like the financial ombudsman and their lead times, it could take many months or even longer to resolve.  

Olinda99

the small claims court would be a better route i think

Manxman_in_exile

MadMarch88 said:

Aylesbury_Duck said:

MadMarch88 said:

I recently purchased a new washing machine and fridge freezer from AO. When the new appliances were delivered, they took the old ones away. In the process of removing the fridge it was tilted to get it out the door and there was damage to the vinyl that appears to be from the feet being dragged on the vinyl. 

I should state here that we didn't notice the damage until the drivers had left as the new appliance was placed on top of the damage so we didn't see it until we had started unwrapping the items and moving them into place. The kitchen is quite small so there wasn't a lot of space to place the items.

I have submitted a claim with pictures of the damage and they refused on the basis that 'the damage wasn't consistent with the item delivered'. I appealed this and submitted more evidence to demonstrate measurements and point out that the damage was consistent with the appliance being removed. 

The claim was once again declined stating 'the damage was not consistent with the appliance being removed' and they are claiming that the measurements of the damage match the depth of the appliance but not the feet. I have no way of measuring this as I no longer have the appliance and I had to use the dimensions found online to back up my original claim. They haven't taken into account the size, shape and placement of the feet, or the fact that the twisting and turning of the fridge while it was being moved could cause the measurements to be slightly out (by a few mm).

I have asked for them to refer the case to the Ombudsman but I am stressed and frustrated by the response from AO. Short of carrying out some bizarre CSI style reenactment (which is not possible as I no longer have the appliance) I am not sure what else I can do. I feel that they are essentially saying that it's my word against theirs and they won't take responsibility without more definitive proof.

I have been left with 3 tears in the floor that are right by the back door and concern that the damage is going to get worse over time and present a trip hazard. 

Does anyone have any suggestions on how to move forward with this? Or what evidence I can submit to the Ombudsman to try and get this sorted?

With all the bills going up and the cost of living increase, this is something I could have done without. If it was possible to repair the floor then I would have accepted the original £30 repair compensation they offered. This whole ordeal has been stressful and definitely something I could have done without. 

If repairing one part of the floor isn't possible, you need to get a quote for replacing the vinyl flooring.  Then you pursue AO for a depreciated amount, i.e. if your floor would cost £300 to replace but is five years old, they might be liable for £150 (on the basis that you might expect flooring to last 10 years).  You're not entitled to the full sum because that would be betterment.

Send them a letter before action saying that if they don't propose an agreeable solution in 14 days, you will have the floor replaced and take them to small claims court for the depreciated value.

I have submitted two quotes. Had the claim rejected once and appealed it with further evidence. It has been rejected again so now I have submitted a case to the Ombudsman. 

What ombudsman?

If you are confident that you can demonstrate on the balance of probabilities that AO (or their agents) negligently damaged the floor, then you should go down the court route as per @Olinda99.

Send them a Letter Before Claim giving them 28 days or you will sue.  You need to tell them whether you want them to pay 100% for a repair or contribute an appropriate amount towards replacement.  (As others have said you can't claim the full cost of replacement unless the damaged flooring is brand new.  Any contribution from AO has to be discounted for the age of the flooring and the use you've had from it.  You can't get the whole floor covering replaced for free).

You will need quotes to back up any financial claim you make.

MadMarch88

Manxman_in_exile said:

MadMarch88 said:

Aylesbury_Duck said:

MadMarch88 said:

I recently purchased a new washing machine and fridge freezer from AO. When the new appliances were delivered, they took the old ones away. In the process of removing the fridge it was tilted to get it out the door and there was damage to the vinyl that appears to be from the feet being dragged on the vinyl. 

I should state here that we didn't notice the damage until the drivers had left as the new appliance was placed on top of the damage so we didn't see it until we had started unwrapping the items and moving them into place. The kitchen is quite small so there wasn't a lot of space to place the items.

I have submitted a claim with pictures of the damage and they refused on the basis that 'the damage wasn't consistent with the item delivered'. I appealed this and submitted more evidence to demonstrate measurements and point out that the damage was consistent with the appliance being removed. 

The claim was once again declined stating 'the damage was not consistent with the appliance being removed' and they are claiming that the measurements of the damage match the depth of the appliance but not the feet. I have no way of measuring this as I no longer have the appliance and I had to use the dimensions found online to back up my original claim. They haven't taken into account the size, shape and placement of the feet, or the fact that the twisting and turning of the fridge while it was being moved could cause the measurements to be slightly out (by a few mm).

I have asked for them to refer the case to the Ombudsman but I am stressed and frustrated by the response from AO. Short of carrying out some bizarre CSI style reenactment (which is not possible as I no longer have the appliance) I am not sure what else I can do. I feel that they are essentially saying that it's my word against theirs and they won't take responsibility without more definitive proof.

I have been left with 3 tears in the floor that are right by the back door and concern that the damage is going to get worse over time and present a trip hazard. 

Does anyone have any suggestions on how to move forward with this? Or what evidence I can submit to the Ombudsman to try and get this sorted?

With all the bills going up and the cost of living increase, this is something I could have done without. If it was possible to repair the floor then I would have accepted the original £30 repair compensation they offered. This whole ordeal has been stressful and definitely something I could have done without. 

If repairing one part of the floor isn't possible, you need to get a quote for replacing the vinyl flooring.  Then you pursue AO for a depreciated amount, i.e. if your floor would cost £300 to replace but is five years old, they might be liable for £150 (on the basis that you might expect flooring to last 10 years).  You're not entitled to the full sum because that would be betterment.

Send them a letter before action saying that if they don't propose an agreeable solution in 14 days, you will have the floor replaced and take them to small claims court for the depreciated value.

I have submitted two quotes. Had the claim rejected once and appealed it with further evidence. It has been rejected again so now I have submitted a case to the Ombudsman. 

What ombudsman?

If you are confident that you can demonstrate on the balance of probabilities that AO (or their agents) negligently damaged the floor, then you should go down the court route as per @Olinda99.

Send them a Letter Before Claim giving them 28 days or you will sue.  You need to tell them whether you want them to pay 100% for a repair or contribute an appropriate amount towards replacement.  (As others have said you can't claim the full cost of replacement unless the damaged flooring is brand new.  Any contribution from AO has to be discounted for the age of the flooring and the use you've had from it.  You can't get the whole floor covering replaced for free).

You will need quotes to back up any financial claim you make.

I logged a case with cdrl.org.uk which is the consumer rights ombudsman. 

I don't have any further evidence than what I have submitted to them. I've never filed a small claim before, does it require any financial cost? I don't really have the means to do this.

I submitted two separate quotes for the cost of replacing he floor as they requested. I appreciate what you are saying about the floor being old and I would have accepted a contribution if it had been offered but they flat out refused my  laid despite me following their instructions to the letter.

Aylesbury_Duck

Court fees (and process) can be found here: https://www.moneysavingexpert.com/reclaim/small-claims-court/

£35 - £455, depending on the value of the claim, plus:

£40 Court allocation fee – to get the claim to the court (if claim is over £1,500).

£25 - £335 Hearing fee – paid if and when your case gets to court (when done online).

powerful_Rogue

MadMarch88 said:

Manxman_in_exile said:

MadMarch88 said:

Aylesbury_Duck said:

MadMarch88 said:

I recently purchased a new washing machine and fridge freezer from AO. When the new appliances were delivered, they took the old ones away. In the process of removing the fridge it was tilted to get it out the door and there was damage to the vinyl that appears to be from the feet being dragged on the vinyl. 

I should state here that we didn't notice the damage until the drivers had left as the new appliance was placed on top of the damage so we didn't see it until we had started unwrapping the items and moving them into place. The kitchen is quite small so there wasn't a lot of space to place the items.

I have submitted a claim with pictures of the damage and they refused on the basis that 'the damage wasn't consistent with the item delivered'. I appealed this and submitted more evidence to demonstrate measurements and point out that the damage was consistent with the appliance being removed. 

The claim was once again declined stating 'the damage was not consistent with the appliance being removed' and they are claiming that the measurements of the damage match the depth of the appliance but not the feet. I have no way of measuring this as I no longer have the appliance and I had to use the dimensions found online to back up my original claim. They haven't taken into account the size, shape and placement of the feet, or the fact that the twisting and turning of the fridge while it was being moved could cause the measurements to be slightly out (by a few mm).

I have asked for them to refer the case to the Ombudsman but I am stressed and frustrated by the response from AO. Short of carrying out some bizarre CSI style reenactment (which is not possible as I no longer have the appliance) I am not sure what else I can do. I feel that they are essentially saying that it's my word against theirs and they won't take responsibility without more definitive proof.

I have been left with 3 tears in the floor that are right by the back door and concern that the damage is going to get worse over time and present a trip hazard. 

Does anyone have any suggestions on how to move forward with this? Or what evidence I can submit to the Ombudsman to try and get this sorted?

With all the bills going up and the cost of living increase, this is something I could have done without. If it was possible to repair the floor then I would have accepted the original £30 repair compensation they offered. This whole ordeal has been stressful and definitely something I could have done without. 

If repairing one part of the floor isn't possible, you need to get a quote for replacing the vinyl flooring.  Then you pursue AO for a depreciated amount, i.e. if your floor would cost £300 to replace but is five years old, they might be liable for £150 (on the basis that you might expect flooring to last 10 years).  You're not entitled to the full sum because that would be betterment.

Send them a letter before action saying that if they don't propose an agreeable solution in 14 days, you will have the floor replaced and take them to small claims court for the depreciated value.

I have submitted two quotes. Had the claim rejected once and appealed it with further evidence. It has been rejected again so now I have submitted a case to the Ombudsman. 

What ombudsman?

If you are confident that you can demonstrate on the balance of probabilities that AO (or their agents) negligently damaged the floor, then you should go down the court route as per @Olinda99.

Send them a Letter Before Claim giving them 28 days or you will sue.  You need to tell them whether you want them to pay 100% for a repair or contribute an appropriate amount towards replacement.  (As others have said you can't claim the full cost of replacement unless the damaged flooring is brand new.  Any contribution from AO has to be discounted for the age of the flooring and the use you've had from it.  You can't get the whole floor covering replaced for free).

You will need quotes to back up any financial claim you make.

I logged a case with cdrl.org.uk which is the consumer rights ombudsman. 

I don't have any further evidence than what I have submitted to them. I've never filed a small claim before, does it require any financial cost? I don't really have the means to do this.

I submitted two separate quotes for the cost of replacing he floor as they requested. I appreciate what you are saying about the floor being old and I would have accepted a contribution if it had been offered but they flat out refused my  laid despite me following their instructions to the letter.

Looks like a 'no teeth' adr. Can't imagine you will have much joy with them or whether AO have to go by their findings.

Small Claims Court looks like your only option.

m0bov

Don't waste time with ombudsman, they have no legal power. Just LBA them and then SCC.

MadMarch88

Thanks for the advice all. I will look into the SCC