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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 1770
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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30/06/2020 04:02 Jamie, there is another legal matter i

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30/06/2020 04:02
Hi Jamie,
there is another legal matter i would like some advise on with regard to pursuing a claim through the small claims court. In the middle of May this year I purchased an american fridge/freezer from Curries PC World. I was emailed the day before the delivery that the unit will be with me tomorrow. At exactly 06.05 my telephone rang and a voice said we have your fridge freezer, I replied what at this time, the delivery guy said don't worry we will need half an hour to strip the packaging off as the unit will not fit into the lift. (I live on the 11th floor of a tower block) At 06.15 my front doorbell rang and I opened the front door to see this amazing appliance along with two delivery guys. after looking closely I pointed out a dent on the right hand side of the appliance and photographed the damage with the delivery man in the photograph. Next thing I knew there was very loud battery drills screeching and echoing down the communal corridor to the entrance of the 10 flats on the 11th floor. I asked what the hell is going on and I was told that sorry but the doors will need to be removed to be able to get the unit through the doors. I asked the men to come back at a more sensible time but the guys were adamant that the doors are now off and its a quiet process now to get the unit through my front door, just at that moment my next door neibour came out of his flat and asked what the hell is going on, he is a delivery driver himself and had just finished a night shift and he explained that deliveries before 07.00 is not lawful and that this amounts to a serious disturbance. Other neibours opened their front doors and rolled their eyes.
I contacted Curries PC World who offered a 20% discount for the damage, when I asked what kind of damages would be fair or me with regard to waking neibours up, with screeching drills at 06.15 to 06.50, and at first I was told that is just one of those things. I then reminded that they ignored the 07.00 earliest delivery rules that my next door neibour has to firmly adhere to and would be possibly make an excellent expert witness in a court case. I was passed on to another more senior manager who then apologised for the rude awakening and said he would need a few weeks to do a thorough investigation into what happened. I got a call a week later offering a 20% refund for the damage only and we should complete our investigation into the early delivery in a week or so. I accepted the 20% discount and asked for the email to explain this refund is only for the damage which they did. The problem I have is now is, it has been more than 6 weeks and I have had no further correspondence since. Do you think I should file a small claims procedure? Do you think this is something I could win? The price of the appliance was £1400.
Kind regards,
Mick.

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What was the last correspondence you had with them?

Customer: replied 16 days ago.
Hi Ross,
the last correspondence was 28/5/2020 in the form of an email confirming a 20% refund for damage only!

Ok so they have agreed to give you the 20% (£280). Therefore this is enforceable in law. What I would do is write to them and give then 14 days to issue with the refund. You should state in your email that if they do not issue the refund within the 14 days then you will be looking at legal action. If it comes to this then you will want to look at the small claims (simple procedure) which you can easily do online. It is likely that when they get wind of the legal claim they will issue the refund as they don't have any defence to support not paying it. Hopefully they will issue it within the 14 days as you set out in your letter.

What you need to do is initiate the workplace grievance process. You will want to present all your evidence and points you wish to make at the grievance interview. If you get a response from them that they don't agree with you they will have to tell you why. You then will have to appeal this outcome and can then explain why you don't agree with their findings. If you then still do not obtain the resolution you want, but feel it is wrong. At that point you will have to raise early conciliation with Acas. You can do so here; https://ec.acas.org.uk. The conciliators at Acas will contact your employer and indicate to them that you have started the conciliation process. Acas will mediate the issue and see if they can help resolve the matter. If they cannot resolve the matter then they will close conciliation and issue you with a EC Certificate. This is the first step in the legal process and once the EC Certificate has been issued you can make an application to the employment tribunal if you wish to do so. Please be advised that there is a very strict time to make an application to the Employment Tribunal which is 3 month minus one day from the date the issue arose. Do also note that this time limit gets put on "pause" while you are going through the Early Conciliation process.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

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Many Thanks

Ross

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Customer: replied 15 days ago.
Hi Ross,
I have now got my June statement and Curries PC World did intact refund me £279 on June 10th for the dented appliance, but still have not responded to my other complaint, the extremely early delivery that massively disturbed nearly everyone on the 11th floor at 06.15 on the morning of delivery. What would you suggest is the appropriate way to address this?

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