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Legalease
Legalease, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 14573
Experience:  13 years experience in Consumer Protection law, in particular construction law and auto repo law
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We had purchased a fridge from a business in Longmont, Colorado.

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We had purchased a fridge from a business in Longmont, Colorado. We are from Wellington so we had it delivered. Well unfortunately when it got here it got damaged from the time it left the store to our house. I did not want to even accept the fridge in the first place because of the damage. But we did and we called the manager about it. They blew us off the first time and we had to call every single day to get it dealt with. Now after having it for three months we had noticed a few times that there was standing water under the fridge. We thought that it as possibly from the ice maker so we disconnected it. Then again we noticed water and we cleaned it up and called the manager cus we knew this time it was only from the fridge and we had a warranty. They didn't return our calls after two weeks and then finally I called to talk to a salesman who told me that the manager was busy with customers all day but would be there until 4.
So we went down there on Sat because I knew then that he could not avoid me and that maybe we would get the issue handled.
Unfortunately it was 15 min of wasted time and it was a hour and a half round trip for nothing.
There are two separate departments in the one store. The section we have to deal with is the Used Section. That manager couldn't do anything for us without talking to his supervisor. He emailed him and said that he would have him call us Mon to schedule someone to come out and take a look at the damage.. Still we have not heard anything from him about when that will take place. Our floor is now damaged from the fridge and now we had to move it outside so our floor doesn't get worse. There has not been any reassurance about what will be done. This should of been handled two weeks ago but yet nothing has yet to take place about it as we continue to wait and have to go to the garage for everything refrigerated. What is the best legal action to take and how should I go about it?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Legalease replied 1 year ago.

Hello there.

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Can I ask you a few questions?

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1. What county is the store located in there in Colorado?

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2. What was the purchase price for the fridge (delivery, etc also)

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3. Do you have any idea how much the floor damages may cost ?

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4. Do you have another fridge to use at the moment or are you still using this one?

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MARY

Customer: replied 1 year ago.

The county longmont where we purchased the fridge is weld county. We live in larimer county.


 


The purchase price with everything was $757


 


We have not gotten a quote but I have taken multiple pictures.


 


Still using it and it is located in our garage.

Expert:  Legalease replied 1 year ago.

Hello again Nicole --

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My suggestion here is to first send the business a written demand for replacement of the refrigerator because it is a defective product and became that way when being delivered. Briefly tell the merchant that "I contacted your store immediately upon noting the damage upon delivery and requested replacement or repair and have received no response. Since that day, I have contacted you on XXX number of occasions requesting replacement or repair, including on XXXXX date when I drove to your store, (inconveniencing myself due to the three hour round trip), and I have yet to receive any response from your company. I am asking that you replace the defective refrigerator immediately and remove the defective product you delivered from my property immediately. If arrangements for a suitable delivery date are not confirmed with me within 5 days after the receipt of this letter by your company, I will pursue this matter into small claims court and seek damages for all of the following: (a) the refrigerator in the amount of $XXXX, (b) ruined flooring underneath the refrigerator due to leakage from the first delivery date, estimated damages of $XXXX, (c) my travel time and gas reimbursement for the wasted round trip to your store on XXXXX date in the amount of $XXXXX, (d) court costs and travel fees to court, and (e) any additional money up to the small claims limit of $7500 that the court sees fit to award" Obviously, the letter does not have to exactly say what I wrote above -- that is an example to give you an idea of what to write to them. Send the letter certified mail AND regular mail (for the regular mail letter ask the post office for proof of mailing - it costs about 60 cents - that way if they do not sign for the certified letter you still have proof that you mailed the same letter by regular mail also and there was no reason for them not to receive it).

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If they do not respons to you, your next step is to sign the matter up in small claims court in the county where the store is located. You can sue in small claims court for up to $7500 and you do not need a lawyer to do it. Colorado is a wonderful state for having great self help information on the court websites and all of the forms that you need to make a small claims filing, divorce filing, custody filing, etc. (Ca and Co are the best at this - some states have nothing online and absolutely NO help for people like yourself who want to pursue something pro se (without an attorney)). First, here is a good booklet put out by the CO courts explaining the small claims process. http://www.courts.state.co.us/userfiles/File/Media/Brochures/smallclaimsweb.pdf Next, here is a link to the CO courts website where they have locations for each county small claims court and drop down tabs where you can go right to the form that you need for small claims. http://www.courts.state.co.us/Self_Help/Local_Small_Claims.cfm When you fill out the small claims paperwork, let the court know that the fridge was either defective when it left the store or damaged in transit and the company has misrepresented, avoided you and lied to you regarding repair or replacement so you sent a certified letter giving them the chance to make the situation right before filing the small claims action and when they did not take care of the matter after receipt of the letter you were left with no choice but to file the small claims action.

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I hope this helps. Please let me know if you have further questions.

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MARY

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Legalease, Lawyer
Satisfied Customers: 14573
Experience: 13 years experience in Consumer Protection law, in particular construction law and auto repo law
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