Kenneth Stueben wants Sears to repair his Kenmore trash compactor. He's already paid $436 for the parts and labor, but now Sears can't do the job -- and it won't refund his money. Is that allowed?
Q: My Kenmore trash compactor stopped working late last year because the on-off switch malfunctioned. A Sears technician came to my home and said he needed to order a replacement switch.
The total charge for the diagnosis, the part and the labor to install it came to $436. The technician asked me to sign a form to pay that before he left. But the repair never happened because Sears eventually told me they couldn't get the part. I tried several times to discuss this by chat, phone and email, but no one ever answered the telephone or responded to my messages.
After failing to get any response from Sears, I told Citibank about my problem and they helped me file a credit card dispute. I received a refund for the service call, but the $297 I paid for parts is still outstanding. Can you help me get my money back?
-- Kenneth Stueben, Santa Rosa, Calif.
A: Sears should have fixed your trash compactor, as agreed. If it couldn't, it should have given you a prompt refund for everything -- the service call, the spare parts. Everything.
Why didn't it? Once a company takes your money, it will go to great lengths to keep it, so there are probably safeguards in Sears' payment systems to prevent it from just coughing up an immediate refund. Maybe the company was optimistic that it could still find the parts it needed for your trash compactor. But that's probably a garbage theory.
You followed the right path to a resolution. First, you gave Sears a chance in writing to address this, and it didn't. You followed, applying steady pressure to get a resolution, and again Sears failed to act. So you filed a credit card dispute.
You should have received a full refund for the technician visit and the parts, but it looks like you either disputed an incorrect amount or Citibank only processed the charge for your technician visit. You might have circled back with Citi in an appeal or asked a Sears manager for another review. It looks like Sears promised another review but never followed through. I publish the names, numbers and email addresses of the Sears and Citi executives on my consumer advocacy site, Elliott.org.
I contacted Sears on your behalf. A few days later, Sears contacted you and refunded the charges for the obsolete spare parts. Maybe it's time for a new trash compactor.
Christopher Elliott is the founder of Elliott Advocacy (https://elliottadvocacy.org), a nonprofit organization that helps consumers solve their problems. Email him at chris@elliott.org or get help by contacting him at https://elliottadvocacy.org/help/