Would you take it further?

[namechangerthreebillion]

I have received differing advice from Citizens Advice so I am asking here.

I wrote to a well known company to ask about one of their products. Their customer service agent told me the product had a component that it didn't and that it would serve a specific function. It turns out they were wrong and it didn't do what they said it would.
It caused damage to an item of my property. It took ages but the company admitted their agent was wrong and they refunded me for the product.

They then wanted to remedy the damage by having my item of property cleaned. As I had already spoken to a reputable professional cleaning company who said they couldn't guarantee that cleaning would completely restore the item, I disposed of it after taking photos of the damage. The damaged item was taking up a great deal of space and we are trying to sell our house and this was putting off buyers.

The company is not offering to cover the damage or replace the item. Do I pursue this through going to court or do I let it go? The item will cost over £1000 to replace. Has anyone ever had any success taking on a large company like this and getting compensation for damages? Will a judge accept my photographic evidence? Any advice on how to do this?

AIBU to pursue this further?
AINBU to pursue this further?

Thank you.

I definitely wouldn't have disposed of it whilst this was going on.

Yeah I agree, by disposing of it you've not given them a chance to fix it. Sorry OP but I can't see you getting any further with this.

Out of interest, what did Citizens Advice say?

I think from my very limited knowledge and understanding (mainly watching Judge Judy!) you would have been expected to give them a chance to fix/clean or at least physically inspect the item before asking them to replace/compensate but as you have disposed of it I don’t think you would have much of a chance in court.

If something belonging to a customer gets damaged where I work , (usually clothing so much lower costs fir clarification) the policy is we will offer repair or cleaning if not then a replacement. But it is agreed beforehand, a receipt has to be provided, a disclaimer signed and the old item is left to be disposed of.

Oh no, that is what I was afraid of - the first Citizens Advice agent said that photographic evidence was enough. The second said they weren't sure but that photographs should be considered evidence.

The item was very large took up a lot of room in our one bedroom house and smelled dreadfully - not great for trying to sell a house!!

Also, it took 40 days for this company to look at their records and see their customer service person was wrong - I don't think that is a reasonable amount of time to expect me to live with the item messing up my house.

Did it smell because of the damage or just it was just old and smelly?

Because of the damage.

I'd badger and badger and badger them over this first. Ask to speak to the Regional Manager, Head of Sales, CEO depending on the size of the company.

First, I'd start to say you will post the images and story online to warn others of the awful service and damage their product caused through their own incompetence.

Secondly, I would call back to say that you've taken some advice from a solicitor to not post anything online as you intend to start legal proceedings against them. Tell them that you are notifying them of this formally and that they have 7 days from this time to contact you to resolve this outside of the small claims court.

Then I'd get in touch after 7 days and tell them to expect a letter from my solicitor within 10 days.

Then I'd accept the fact that they won't bloody listen to me and I'd post a shitty review online. Scorched earth campaign of contacting numerous news outlets, peddling my tale for anyone who would listen!

Stay calm and reasonably polite throughout your dealings with them, nobody will pay you any mind if you just start squawking like a banshee!

Thank you! That is very helpful advice.