Appliance direct TV return damaged

Alderbank

HillStreetBlues said:

Packing looks fine to me,  AD needs to claim off their courier.
That is unless AD gave you full instructions on how to pack and you ignored them.

I would be opening a  PP claim, if that fails  then small claims court.

Packing doesn't look fine to me.
'Top' is extremely clearly marked. I'm not sure the reason for this.
However no other warnings such as FRAGILE HANDLE WITH CARE, GLASS, DO NOT STACK, etc.
Nothing to indicate it is a flat screen TV and not a wooden table top or whatever.

HillStreetBlues

Alderbank said:

HillStreetBlues said:

Packing looks fine to me,  AD needs to claim off their courier.
That is unless AD gave you full instructions on how to pack and you ignored them.

I would be opening a  PP claim, if that fails  then small claims court.

Packing doesn't look fine to me.
'Top' is extremely clearly marked. I'm not sure the reason for this.
However no other warnings such as FRAGILE HANDLE WITH CARE, GLASS, DO NOT STACK, etc.
Nothing to indicate it is a flat screen TV and not a wooden table top or whatever.

But the refusal is due to packaging, not labelling,
As the retailer arranged collection, then they should inform their courier on what it is, so bring any label that they feel is needed.
Or at least inform the OP on what they want written on the box.


I had a TV collected and courier had all labels to  hand.

littleboo

Surely the position is, "it wasn't damaged when I handed the item to your nominated representative, so you need to sort it out between them and you"

mrchimps

So to update, they are just flat refusing any help.

Their stance is, it was damaged in transit so we could not test the fault.

No refund, No replacement, sending me original now broken completely tv back.

last contact email states:

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Thank you for your time on the phone.

As we have discussed, you would like to pursue your complaint under the Consumer Rights Act.

To claim under the Consumer Rights Act, we ask you to speak with our Head of Customer Service Department.

HeadofCustomerService@buyitdirect.co.uk

The initial replies and replies, therefore after, can take seven days. These cases often require the small claims court, which is often a three-month process but can take up to two years to be resolved. We have discussed our out-of-warranty options, which still apply, and should you want to proceed through this path, we are more than happy to assist.

---------------

HillStreetBlues

Letter before action to that e-mail address.

The courier has damaged the TV  but you have no redress with them as you do not have a contract with them AD does.

Jumblebumble

Alderbank said:

HillStreetBlues said:

Packing looks fine to me,  AD needs to claim off their courier.
That is unless AD gave you full instructions on how to pack and you ignored them.

I would be opening a  PP claim, if that fails  then small claims court.

Packing doesn't look fine to me.
'Top' is extremely clearly marked. I'm not sure the reason for this.
However no other warnings such as FRAGILE HANDLE WITH CARE, GLASS, DO NOT STACK, etc.
Nothing to indicate it is a flat screen TV and not a wooden table top or whatever.

I am sure that the OP would have had no objection to AD sending whoever they wanted to pack the TV to what ever standards the courier required to avoid them breaking the TV
( John Lewis sent a courier who packed a TV that we returned. The only reason AD did not do so is on the basis of saving money  with  the added benefit of being able to avoid warramty claims and there is no particular reason why the OP should suffer  because of this cost saving)

eskbanker

mrchimps said:

They have sent me photographs showing no damage to the packing but a ding in the corner of the screen showing it completely damaged. Basically blaming me for not packing correctly.

mrchimps said:

Here you go. I didn't have the original packing so I used sheets of polystyrene an inch thick to pack it, then warapped it in cardboard.

How did you protect the corners?  Every time I've unpacked a TV/monitor, etc, it's always had shaped polystyrene fitting around the corners, presumably reflecting the increased risk of damage stemming from that direction....

mrchimps

Protected sandwiched with polystyrene and thick carboard then multiwraps of parcel tape.
No edges could get damage. But if you look at the photographs its the screen bottom right that is damaged not the surround. 

I emailed them after speaking to citizens advice and they replied:

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I hope you're well.
Thank you for your email.
We are sorry to hear about the issues regarding your smart TV. I have called however have reached your voicemail.
From viewing the return we accepted the TV to come back for repair however due to insufficient packaging and not following the collection instructions the TV has been damaged in transit. Unfortunately, the responsibility for this does fall on you.
We do apologise we would not be refunding the TV or offering a replacement as you are entitled to a repair however due to poor packaging we are unable to repair the TV no more. The TV is being returned back to you.
We do apologise for the not having a favourable response. Due to the above, we have rejected your consumer rights claim.
Kind Regards
-------

I replied

--------

Thanks for your email.

In response.

The television was sufficiently packaged and No ‘specific’ packing advice was given.

The Television was in working condition when I handed it over to ‘your’ Nominated couriers, who even commented on how well packaged it was.

As the damaged happened in transit between ‘Your’ Couriers and ‘you’ the responsibility falls on your collections team and you.

I repeat, if the Television had of been of ‘Satisfactory Quality’ a return would not have been required.

------

Then the last message from them

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I hope you're well.
Thank you for your reply.
I can confirm on 05/06 you received an email on collection and packaging instructions. Also, when the collection was booked you received an automated collection email with instructions on packaging the TV.
Apologies, our stance on this would not change as the TV has been damaged due to insufficient packaging. The TV is being returned back to you.
Please take this as a final response on this matter..
--------

So that's it - wish i had just paid for it on my CC now.

Alderbank

mrchimps said:

Yesterday:  AD gave no instructions on how to pack return.

Today:   Then the last message from them:

I can confirm on 05/06 you received an email on collection and packaging instructions. Also, when the collection was booked you received an automated collection email with instructions on packaging the TV.

One of these is not like the other.

littleboo

So did they provide packing instructions as they claim?