John Lewis delivery problem

thomastf

I bought a fridge online from John Lewis. The delivery crew damaged my kitchen Lino which was only installed April 2025. The men manually carried it in with no trolley etc and placed it in a tight gap in the kitchen. They declined a carpet I offered them. Kitchen is small so could not see what they were doing. Kitchen floor was in Perfect condition and now has tears and rips where they must have pushed the fridge in place.   Sent several letters and just received reply from letter before action basically telling me to go to court. Any idea if it is worth me going to small claims court? I sent photo evidence and my neighbour was them manually carry it In. I also text my sons immediately after to tell them about the damage as further proof. 

eskbanker

thomastf said:

Sent several letters and just received reply from letter before action basically telling me to go to court. Any idea if it is worth me going to small claims court?

There's little point in sending an LBA if you're not prepared to follow through with it, but are you losing confidence in your case?  What's the value of your claim?

thomastf

£500. I’m worried if I lose having to pay costs etc. was wondering if anyone also had experience of small claims with John Lewis. 

eskbanker

At that value you wouldn't be liable for the other side's costs if you lost, so it would just be the court fee.  Have they given any indication of their side of the story, in terms of why they're denying liability for the damage?

thomastf

Thanks. No liability at all. Said they asked the drivers and they said they did not do it. So it is my word against theirs. But my neighbour saw them manually carry it in. My floor is new from April 25. I text my sons immediately and rang John Lewis etc. I have sent pics of proof. It would be impossible to not have to push the fridge in position as it is a tight fit. 

eskbanker

But to play devil's advocate, the sight of them carrying it in doesn't prove anything, and if you concede that it needed to be pushed into place then any use of trolleys earlier in the process would be irrelevant anyway. Likewise sending a text doesn't actually prove anything.

Presumably there's no dispute that the floor is now damaged but that doesn't equate to proof that they damaged it - however, civil claims are decided on the balance of probabilities rather than the 'beyond reasonable doubt' standard used in criminal cases, so it'll come down to your ability to persuade a judge that the delivery people must have done it.

thomastf

Thanks. I have no confidence in courts against massive firms like John Lewis and their legal teams etc 

screech_78

If you’ve sent an LBA, you really need to follow through with small claims. 

Their solicitors will make a recommendation if it’s worth defending or not. They usually only defend cases where they believe there’s a very good chance they’ll win. If they’re on the fence, they’ll usually settle (depending on costs involved). 

I’m not sure you have great evidence that they did damage your flooring however. 

thomastf

My kitchen floor is ripped in 2 places where the fridge was pushed in. Only the fridge can have done this because it is behind the door. I thoroughly cleaned the floor etc before delivery and it was perfect. . I understand it’s my word against theirs so not sure about the stress of small claims now. 

eskbanker

thomastf said:

My kitchen floor is ripped in 2 places where the fridge was pushed in. Only the fridge can have done this because it is behind the door. I thoroughly cleaned the floor etc before delivery and it was perfect. . I understand it’s my word against theirs so not sure about the stress of small claims now. 

Just on the off chance, did you happen to take any photos immediately prior to installation?  Perhaps worth sharing one or more of those you took afterwards, if they're what you'd be relying on in court?

thomastf

No I didn’t take any pics. I cleaned the floor and painted the skirting board so I know it was perfect. If I was dishonest why would I offer them a large mat to help them put it in place. 

 

 It’s split in 2 places and lumpy where it’s been dragged right in front of the fridge and behind the kitchen door so out of normal walkway in the kitchen. I tried to post pics but I’m not sure how to