Public Mediation

My Claim vs. Sears (Headquarters)

R. M. vs. Sears (Headquarters)
3333 Beverly Rd - B6-258B, Hoffman Estates, Illinois, 60179-0002, United States
Amount Involved: $1,778.83
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Sears (Headquarters)
    • Claimant Seeks: View.
    • Claim #: 2952861
    • Amount Involved: 1,778.83
    • Filed On: Apr 13, 2018
    • Posted On: Apr 24, 2018
    • Complaint(s):
      • Bad business practices
      • Problem with a service
      • Problem with a product
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Statement of Claim
Complaints Involved (5) - View
Claimant says:
"I bought a new refrigerator and 3 year service warrant at a cost of $1,276.83 from the Sears Outlet Store in Amarillo, Texas. They delivered it on 2-17-18. Two weeks later it stopped cooling I called that Friday and was told I would have to call on Monday. I went in hospital for acute bronchitis on Saturday and stayed for 3 days, I sent my daughter to try to relocate the large organic meat order and the wild caught seafood order but they had already ruined and permeated my house with rotting meat odor. After my daughter and grandson cleaned it out...I was was still recovering from Acute Bronchitis, I scheduled an appointment. The technician said I wasn't home. (I did not move from my living room all day.) They couldn't schedule anyone until two weeks after that. This guy came, got the refrigerator to work again for another week and again I had to call. They sent another guy who worked and welded and the refrigerator never worked. Called next day, said I had to wait 48 hours....called that Monday (48 hours) they scheduled someone to come out today. He never showed but when I called they said the technician said I wasn't home. Again, I have sat in my living room all day with the door open my phone by my side waiting for someone to fulfill this obligation. I called them twice and twice they promissed the technician would call me and twice Ive heard nothing from them. I'm done...I bought the refrigerator 2/17/18 and today is 4/13/18 and they have given me no hope of ever getting this refrigerator to work or replacing it or even getting service."
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Additional Communication Between Claimant and Sears (Headquarters) Hide
  • May 15, 2018, Claiming party added:

  • The service call on Friday,11th was successful and the refrigerator is cooling. But it has always cooled (8 times) there was a service call except one time after a service call it never cooled. I am not putting any food in it until the two week waiting period is over. I am not going to move anything in my kitchen until I feel secure about this appliance. This has been extremely inconvenien, my kitchen has been a wreck for 3 1/2 months.

  • May 15, 2018, Claiming party added:

  • I have never called technician out to repair this refrigerator when it was cooling as it should be. The first service call was the day after got out of the hospitalital and my entire house smelled like rotten meat. It was disgusting and made me sick all over again.

  • May 15, 2018, Claiming party added:

  • Are you saying there was only one service call?!! Because the customer service rep talked to me about 4 calls. And the ones where the service technicians didn’t show ... Those calls are recorded...check them out!!!

  • May 15, 2018, Claiming party added:

  • Let’s see, if I was wanting to cheat Sears and I claimed 300.00 for each service call and I had just the four calls the customer service person talked about... that would be 1,200.00 in food loss alone. But because I was able to salvage my food when I was at home I didn’t ask for that...I only wanted reimbursement for my expensive meat and sea food orders. And you didn’t even want to provide that.

What Claimant Wants Hide
1. Recovery of Losses: large organic meat order Apr 28, 2018 $300.00
2. Recovery of Losses: Wild caught Seafood order Apr 28, 2018 $150.00
3. Recovery of Losses: Various dairy products Apr 28, 2018 $25.00
4. Recovery of Losses: Various refrigerated vegatables and fruits and juices Apr 28, 2018 $25.00
5. Refund: Whirlpool Refrigerator/freezer Apr 28, 2018 $1,278.83
6. Other – Copy claim to regulators Apr 28, 2018 $14.99
7. Other – Pay for claim posting cost Apr 28, 2018 $14.99
8. Other – Physical delivery charges Apr 28, 2018 $4.99
Cash total : $1,813.80
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:

  • "To Whom It May Concern:

    We have completed the investigation of Ms. Morren’s complaint regarding service to her refrigerator.

    Upon investigation we found that service was originally completed April 27, 2018, however Ms. Morren called back in on May 8, 2018, stating that the refrigerator was again not cooling. We sent a technician out May 11, 2018, who was unable to verify any issues as the refrigerator was working as it should upon his arrival. In reference to food loss reimbursement, the terms and conditions of Ms. Morren’s Master Protection Agreement (MPA) state verbatim:

    7. FOOD LOSS REIMBURSEMENT FOR REFRIGERATORS AND FREEZERS. During the Term of this Agreement we will reimburse you for any food spoilage that is the result of a mechanical failure of the Covered Product. The mechanical failure must be verified by us. You must file your claim within fourteen (14) days from the date the loss was verified. Please refer to the section of this Agreement that is applicable to your type of plan. To file your claim visit www.searspabenefits.com.

    FOOD LOSS. The reimbursement for food loss as stated in Section 7 is limited to up to $300 per repair incident.

    Ms. Morren was originally denied food loss reimbursement as there was no mechanical failure verified by us at that time. Since that date, we have approved food loss reimbursement at its maximum amount of $300.00 and have mailed the reimbursement check to Ms. Morren’s service address on file. Ms. Morren should expect to receive her check within 21 business days. Should Ms. Morren have any additional questions or concerns she is welcome to contact me directly at Jacquese.Calvert@searshc.com. Accordingly, we have closed our file.
    "

This claim will remain posted until resolved.

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