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Lorna Betteridge vs. Sears (Headquarters)

Lorna Betteridge vs. Sears

L. B. vs. Sears (Headquarters)
3333 Beverly Rd - B6-258B, Hoffman Estates, Illinois, 60179-0002, United States
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Statement of Claim
Claimant says:
"March 4, 2016

We purchased Kenmore Elite appliances ( gas range, refrigerator, dish washer, washer, dryer, and 2 under appliance storage stands) , complete with protection warranties for our new house being built , in September, 2015 at Sears in Orlando, FL to be delivered December 16, 2015 in Tennessee. The delivery was on time, but the builder was not quite ready for installation, so the appliances were left , boxed, for the builder to install.
The appliance were installed the end of December. We moved into the house February 4, 2016 to discover the range did not work. We immediately called Sears for service only to be told the next available appointment would be on Tuesday, Feb. 23rd, 2 and ½ weeks from then. We, then, contacted Sears in Orlando. The Sales Representative who sold us the appliances contacted her appliance manager. We were informed that a new range was out of the question since our appliances were delivered over a month from the time of the call that the range did not work. This was Sears policy, even though this was the first we heard of such a policy. We understand regulations, but this appliance was never used, never worked. WE were told the appliance manager tried to get us earlier service, which did not happen. I made several calls for help, for which, I got nowhere. We had no choice but to wait for the scheduled appointment.
The service company arrived on the 23rd for which we had no complaints about his service. He discovered that there was a short in the panel and he was able to repair it then, yet we could still not use it since the gas company then needed to come back out to the house to align the orffices for propane gas. This could not be done until the oven was in working order to try it out. They were having trouble with it so called Sears manufacturer for advise to which they were told they could not find a protection policy under our name. We figured it was late on Friday and they did not want to be bothered. After over an hour, which should have taken only a few minutes, they tightened the orffices so the oven could work properly. Finally, on Feb. 26th I had use of the new range!
Our complaints with Sears are as follows:
1. The new range should have been replaced since it could not be used and the service would be delayed for 2 and ½ weeks.
2. The appliance manager in the Orlando store failed to call me for updates on 3 separate days. I waited for his call backs after he promised to call. I did talk to the sales rep., Kelia Gonzalez, who sold me the appliances. She was very helpful and continually apologized for her manager’s conduct.
3. Customer Service is not geared to the customer. Sears has always been a replicable company to work with for years. This is why we decided to purchase our appliances through Sears, but never again. We might have had better service from Lowe’s or Home Depot. Again, I enjoyed working with Kelia Gonzalez. She is a hard-working, impressive employee.
4. I was offered a $20 gift certificate for my troubles------REALLY!!!
5. No mention of the 30 day replacement policy from delivery to complaint that it did not work. I was not informed of this policy at the time of purchase nor read it anywhere in the protection plan.

Just when we thought our problems with the range were over (around the missle of April) we discovered another problem. Since February, when we moved in with a brand new range, I began noticing tears in my blouses and t-shirts right in the middle section (picture enclosed of a sample). It was only my clothes torn. Thought it was the dryer but I was the only one with problems. Then we discovered that the front of the range had a very sharp edge across the front where I stand to cook. If you ran your hand over the edge it would slice it. So we contacted Sears repair again. It took only two weeks to come out this time. The repair man ran the serial number against a recall list for which it was not on. So he ordered the part. In two weeks the part had still not arrived so we called and were told that the part had been delivered. After 4 return calls it was decided that the part would be reordered and should be delivered and put in within a week. After a week we were contacted again and told it was out of stock so we are now waiting for repair again. While the repair man was here I asked about a dent and missing enamel from the inside of the door. He asked if we had not purchased a floor model!!! Our remark was, not to our knowledge and cost of the range. (Picture also enclosed). There are also rust marks on the top by the burners for which he said were normal. What will my range look lick in 2 years?
I am extremely dissatisfied with this appliance or shall I say with Sears and the way they have handled it. In the first place, I believe Sears should have simply replaced the range when we first called with trouble. After all, it was supposed to have been a new appliance. I believe that I should be compensated for the loss of 20 plus blouses and t-shirts that are now ruined thanks to the Sears appliance. I hope people think twice before purchasing appliances from Sears, I definitely will! When can we expect some money from you ? we've only received 100.00 from you ad we would like to get this behind us. We've given you plenty of time.


Sincerely, a dissatisfied customer,
Harold and Lorna Betteridge
407-227-5430
3013 John Boy Trl.
Sevierville, TN 37862"
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Exhibits View
Additional Communication Between Claimant and Sears (Headquarters) Hide
  • Jun 16, 2016, () added:
  • June 16, 2016

    PeopleClaim.com
    P.O. Box 2531
    Boone, NC 28607


    RE: Lorna Betteridge– File # 012251268435


    To Whom It May Concern:

    We have completed the investigation of Ms. Betteridge’s complaint regarding her dissatisfaction with the quality of the range she purchased and the problem she encountered when she attempted to exchange her range after the 30-day return period.

    As clarification, our ''hassle-free returns and exchanges'' are based upon returns and exchanges within the parameters of our stated refund and exchange policy. The copy of the receipt that Ms. Betteridge was provided clearly states the following: Our Return Policy varies depending upon the item purchased. Restrictions apply. See Sears.com, signs posted at registers or an associate for details. With that being said, the Sears return policy states “If for any reason you are not satisfied, return your purchase in its original packaging with all accessories, manuals, and parts, with your original receipt, for a refund or exchange (subject to the terms and conditions below). For most items, you have 30 days from the date of your original purchase to make a return with the following exceptions...” Furthermore, it is not an associate’s responsibility to anticipate questions that a consumer might have. It is the consumer’s responsibility to acquaint themselves with a retailer’s return policy. When an item is delivered, as in Ms. Betteridge’s case, we start the return period on the day of delivery. Since Ms. Betteridge’s range was delivered on December 16, 2015, and then requested to exchange it on February 5. 2016, she was clearly over the 30-day “hassle-free” return period.

    We would like to note that after the 30-day return/exchange period, the appliances are covered under the manufacturer’s one year warranty which covers parts and labor for the repair of the appliance. If an appliance is considered non repairable, then the unit will be replaced under warranty. According to our records, on May 10, 2016 our technician ordered the part to repair the sharp edge she reported on the range. Regrettably, the wrong part was shipped and had to be reordered; and then the part was on back order from the manufacturer, which further delayed the repair. The range repair was completed on June 13, 2016 and according to the case notes, on June 15, 2016 Mr. Betteridge confirmed that the unit was operational. If Ms. Betteridge would like to file a damage claim for the clothes she alleges were damaged by the range, she can file a claim with Sedgwick, our third-party claims adjuster, by calling 800-727-0121. Sedgwick has been entrusted by Sears to represent our interests in assessing all liability claims; we have empowered them to accept or deny a consumer’s claim. The fact remains that whether the decision they render is favorable or not, we are unable to obtrude upon Sedgwick’s actions; their decision on any claim is final.

    As for the damage on her range, the receipt also states “You must report any visible damage on this item within 72 hours of home delivery to be eligible for refund or exchange. If visible damage is not reported the refund or exchange won’t be accepted. To report damages and obtain required claim no. call 800-732-7747…” Ms. Betteridge failed to inspect her appliances when they were delivered in December 2015. Ms. Betteridge mentioned in her complaint that the appliances were not installed until February 2016 and she did not report the dent and missing enamel until the repair technician was in her home in April 2016.

    We are always concerned when one of our customers has a less than satisfactory experience, and can only apologize if the store manager did not return her calls. Ms. Betteridge stated that she might not shop at Sears in the future, which we understand may cause a subsequent loss of sales and we do not take this lightly. We can assure Ms. Betteridge that any variance from our accepted business practices and policies will be addressed. As far as Ms. Betteridge’s request for compensation is concerned, we did not find that this was warranted. As this decision is commensurate to the circumstances, we have closed our file.

    Again, we apologize to Ms. Betteridge and appreciate the opportunity to address this matter. Please feel free to contact me if you have any further questions or concerns.

    Sincerely,

    Matilda Seelig
    Regulatory Complaint Specialist
    Sears Holdings Corporation
    512-248-7954 direct
    Matilda.Seelig@searshc.com

  • Jul 26, 2016, () added:
  • We already answered this complaint (see response below).

What Claimant Wants Hide
Just make me happy!
Claimant invites Sears (Headquarters) to make a fair offer to resolve this complaint.
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Respondent's Counteroffer


There has been no response to this claim from Sears (Headquarters). This claim will remain posted until resolved
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  • Contributed Solution: by Jonesha Taylor On 06-25-2016
    brought this issue to a former sears manager here is your solution More...
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