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syaskin · May 25, 2012, 05:23 PM

I bought a washer and dryer at sears.com. I was given a guaranteed delivery date. When nothing showed on that date - I started calling and my ordeal started as well. After a few weeks of phone calls I was told that the items are on the back order. I was given another date. Nobody showed on that date. This happened 3 times times. Finally, over a month later sears delivery truck showed up. My nanny was at home I was at work. She called me to let me know that sears delivery guy was intoxicated. I asked to speak with him and he was noticeably slurring speech. He insisted then that my nanny removed the wrapping off the washing machine and then he asked her to "bring house tools as he does not usually carry a screwdriver". I remained on the phone and upon hearing this I called Sears delivery desk. The local operator somewhere in CA asked to speak to delivery person. After that I understood that she advised him to leave the premises immediately. He left the machine and left. In a few days I received a call from executive office apologizing for the mishandled delivery. I asked about the missing dryer and was told that it will be delivered. The phone calls continued and I was told that the dryer was never on my order; after I faxed the receipt of the order showing the dryer on it, I was again given several dates of delivery when nothing came.Finally, after another 3 weeks, dryer came in. They did not install a dryer however siting the missing "gas cut-off switch". The plumber was ordered who installed the switch and connected the dryer to the pipe. I opened the dryer's door and realized that it was covered with dirt inside. Upon further examination it appears that the dryer was used prior to delivery: it has signs of tear and wear and was missing protective film on the decals (my washer had them). I turned the dryer on and the d rum started making banging noise. The dryer is unusable. Sears agreed to exchange it. For the past 2 weeks, I am trying to set up a delivery and today I was told that driver was there but "he missed me", wherever that means. I filed a BBB complaint and Sears promptly agreed to reimburse me 10% of the cost of the dryer.

I spent 5 days off my work resulting in thousands of lost dollars. I am still in a possession of an old dryer and I cannot agree to be given any more unrealistic delivery dates. Sears management refuses talking to me siting that regulations do not allow them to continue discussion with me".

What can I do? Small claims court or bigger? What can I claim as my loss?

Fr_Chuck · May 25, 2012, 06:42 PM

Was this purchase done on a credit card, if so you needed, if not too late, contest the charge and get it charged back for full credit.

If not, yes you sue in small claims, up to the limit they have.

syaskin · May 25, 2012, 06:57 PM

If I claim the credit - can I still sue them in small courts?

Fr_Chuck · May 25, 2012, 07:30 PM

You can sue for other lost things, ( things that can be proved) just not for the value of the card charges. But a law suit is never 100 percent, and often time you take off from work will not be allowed, seldom do I see this time allowed, since they will say someone else could have done this or that.

I would much rather be sure and get that much charged back, and then try to sue in small claims for the rest.