AO want unlimited collection attempts before they issue refund for damaged appliance

iHateAO

AO damaged a fridge they were trying to deliver, and in the process of trying to replace it, they caused damage to my house (doorframe knocked loose, dents and chips in the bannister, etc) and they finally gave up trying to get the old fridge down because they said it won't fit. I didn't get the replacement fridge, because they need the old one back first. Fair enough, but they can't get it down. I've asked them for a guarantee that if they can't get it down after another attempt, I'll still have my refund. They refuse to give a proper answer, basically saying that I have to give them unlimited attempts. I've been without a fridge for 2 months, I just want my refund so I can order a new one (replacement isn't possible anymore because the fridge I ordered is no longer sold and they didn't reserve one for me). They're even saying now that it's my responsibility to get the fridge down. If they had been honest from the beginning that they weren't equipped to deliver it safely, I wouldn't be stuck with a damaged fridge, so I feel like that's unfair? They promised me over and over again that the fridge would be no problem, saying they would send "specialist teams" (a lie) and they would come prepared (another lie). I really wish they had just been honest from the beginning and said it was unmanageable so I could have ordered something else.

I've spoken to American Express and they've said I can try a claim via their purchase protection insurance. Would you try this route, or do you think it's premature? Do I need to give AO unlimited attempts to collect? I'm dreading the further damage they're going to do to my house.

DullGreyGuy

iHateAO said:
I've spoken to American Express and they've said I can try a claim via their purchase protection insurance. Would you try this route, or do you think it's premature? Do I need to give AO unlimited attempts to collect? I'm dreading the further damage they're going to do to my house.

Do you have Home Insurance? If so then the AmEx insurance will only consider something that the Home Insurance wouldnt cover

Delivery crew issues are not unique to AO, having an upside down property (kitchen upper floor) have had various discussions and whilst the sales guys are always confident it can be done the guys that attend are highly variable in both competence and attitude. 

iHateAO

DullGreyGuy said:

iHateAO said:
I've spoken to American Express and they've said I can try a claim via their purchase protection insurance. Would you try this route, or do you think it's premature? Do I need to give AO unlimited attempts to collect? I'm dreading the further damage they're going to do to my house.

Do you have Home Insurance? If so then the AmEx insurance will only consider something that the Home Insurance wouldnt cover

Delivery crew issues are not unique to AO, having an upside down property (kitchen upper floor) have had various discussions and whilst the sales guys are always confident it can be done the guys that attend are highly variable in both competence and attitude. 

No home insurance unfortunately, just whatever AmEx can do for me.

Yeah I don't fault the delivery guys at all, they did their best, but I just wish someone had said "nah, can't be done." Customer service also didn't forward any of the information they were supposed to, so they turned up and were blindsided.

eskbanker

iHateAO said:

AO damaged a fridge they were trying to deliver, and in the process of trying to replace it, they caused damage to my house (doorframe knocked loose, dents and chips in the bannister, etc) and they finally gave up trying to get the old fridge down because they said it won't fit. I didn't get the replacement fridge, because they need the old one back first. Fair enough, but they can't get it down.

Surely what goes up must come down, or is there a valid reason why the fridge could be delivered but not removed?

Aylesbury_Duck

eskbanker said:

iHateAO said:

AO damaged a fridge they were trying to deliver, and in the process of trying to replace it, they caused damage to my house (doorframe knocked loose, dents and chips in the bannister, etc) and they finally gave up trying to get the old fridge down because they said it won't fit. I didn't get the replacement fridge, because they need the old one back first. Fair enough, but they can't get it down.

Surely what goes up must come down, or is there a valid reason why the fridge could be delivered but not removed?

Is there a slim chance that built-in appliances were all delivered to the kitchen before things like door frames and bannisters were finished?

It does sound odd, especially when it was probably delivered in packaging for transit and now can be removed “naked”.

iHateAO

Aylesbury_Duck said:

eskbanker said:

iHateAO said:

AO damaged a fridge they were trying to deliver, and in the process of trying to replace it, they caused damage to my house (doorframe knocked loose, dents and chips in the bannister, etc) and they finally gave up trying to get the old fridge down because they said it won't fit. I didn't get the replacement fridge, because they need the old one back first. Fair enough, but they can't get it down.

Surely what goes up must come down, or is there a valid reason why the fridge could be delivered but not removed?

Is there a slim chance that built-in appliances were all delivered to the kitchen before things like door frames and bannisters were finished?

It does sound odd, especially when it was probably delivered in packaging for transit and now can be removed “naked”.

It's a freestanding fridge, a bit bigger than average but not American-style or anything. They took the packaging off to fit it through the door.

sheramber

Is what you call ‘the old fridge’ the first on AO delivered?

iHateAO

sheramber said:

Is what you call ‘the old fridge’ the first on AO delivered?

Yes, sorry if it was unclear. They delivered it, it got damaged during the delivery, they tried to replace it, but took the replacement back because they couldn't retrieve the first (damaged) fridge. So now I'm stuck with it.

the_lunatic_is_in_my_head

If you are rejecting they must refund:

https://www.legislation.gov.uk/ukpga/2015/15/section/20

(15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

They acknowledge the first fridge was damaged and they now aren't replacing so by default they agree.

Your duty is simply

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

Your right to a refund isn't connected to them collecting the goods (so long as you make them available which presumably you are glad to do ) 

Remind them of this via the email address for AO on the CEO email website.

iHateAO

the_lunatic_is_in_my_head said:

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

When it comes to this part, would you say once is enough? Or do I have to keep making myself available? That's where the grey area is and why it's been dragging on for so long. They keep telling me that they can't refund until the fridge has been scanned upon return.

DullGreyGuy

Aylesbury_Duck said:

eskbanker said:

iHateAO said:

AO damaged a fridge they were trying to deliver, and in the process of trying to replace it, they caused damage to my house (doorframe knocked loose, dents and chips in the bannister, etc) and they finally gave up trying to get the old fridge down because they said it won't fit. I didn't get the replacement fridge, because they need the old one back first. Fair enough, but they can't get it down.

Surely what goes up must come down, or is there a valid reason why the fridge could be delivered but not removed?

Is there a slim chance that built-in appliances were all delivered to the kitchen before things like door frames and bannisters were finished?

It does sound odd, especially when it was probably delivered in packaging for transit and now can be removed “naked”.

But the OP isnt replacing like for like and they damaged the item when getting it up in the first place. I can sympathise that the recovery crew dont want to do more damage trying to get it back out. 

Even if it's roughly the same size mms can matter and as can weight. Our latest appliance replacement was a "standard size" but actually circa 20mm deeper which didnt create too much problems but the new one is virtually 100kg and the old a little over 70kg, the extra 25kg did make a difference when trying to get it up the stairs