7 May, 2021 → by ClaimboUser751489
not honoring appliance repair/replace agreement
2
May 7, 2021 To whom it may concern: I own a non-working appliance (refrigerator) that was covered by a Sears Master Protection Agreement (MPA). Last summer (July-August 2020) it stopped working. After several Sears repairmen visits, it was deemed unrepairable. Under the MPA it should have been replaced, but Sears did not issue any replacement and seemingly delayed progress with the ticket such that the MPA is now expired (it expired in October 2020). I do not know why there was a delay to resolve the ticket, and I have been unsuccessful in getting Sears to honor any replacement of that appliance. Despite months-long efforts on my part, multiple additional service calls, dozens of hours on the phone, and initial reassurance from Sears that the appliance would be replaced under the expired MPA, Sears will now not honor replacement because we are 120+ days past the MPA expiration. I seek relief from Sears in the form a comparable replacement appliance under the terms of the MPA that was in effect at the time of the appliance malfunction. I purchased the refrigerator from Sears and maintained an MPA from Sears for over 10 years. Repairs on this appliance were completed under the same MPA a few years ago. These repairs with Sears have always been slow, and the last refrigerator repairs took over 6 months to complete, but at least the fridge was working again. July 2020 - The fridge was not functioning properly since before June 2020. I had several service calls for the fridge under the MPA from July 2020 through August 2020. By August, the fridge was deemed not repairable by Sears technicians; under the MPA the fridge was to be replaced. No more technicians came out. August 2020 - As noted, I was informed that the fridge was not repairable; there was no working fridge; the MPA indicates to replace the fridge. I was informed to wait on the replacement process which could take several weeks. I was notified that the replacement process was something that had to be initiated and approved internally within Sears, that my role in the process was to wait. August - October 2020: I wait and wait. There is COVID-19. I am determined to be patient. No activity from Sears to replace the fridge in August, September, or October 2020. My MPA remains active approximately until the end of October 2020, then the MPA expires. I found out months later (May 2021) during a tenuous a call with a Sears MPA service representative that NO "CASE" WAS EVER CREATED OR OTHER ACTION HAD EVER BEEN TAKEN BY SEARS to replace the fridge from the work completed in August 2020. Despite my dozens of hours on the phone with Sears since August, only one representative had shared that with me. I think that I was not supposed to find out about that. January - April 2021: With my apparently incorrect assumption that Sears was going to replace the fridge, I made additional repeated contact with Sears through early 2021. Sears sends new technicians to repair the "irreparable" fridge again starting Jan 2021 through April 2021. The January technician team is seemingly appalled that the ticket from July 2020 remains unresolved. From January through April 2021, I confirmed repeatedly that service visits and parts were covered under the expired MPA because the current unresolved problem originated while the MPA was active. I do not understand why the fridge was not fixed (or replaced under Sears' discretion) under the MPA before it was allowed to expire. During the 2021 service visits, informed Sears that the fridge was already deemed not repairable by the Sears technicians from August 2020. Telephone representatives reported to me that their supervisors indicated that the fridge issue should be covered under the prior MPA due to problems starting before MPA ended. In March 2021, a representative from an Indian call center who created a "case" for replacement said he had a 97% approval rate when he created replacement "cases" according to the rules. I was later informed that the "case" he submitted on my behalf to replace the fridge was apparently denied due to the fridge not being covered by the expired MPA. April 2021- I requested that the replacement "case" be reopened. Sears again sent more technicians come to the appliance to determine that the fridge is NOT repairable. Fridge still not working. Again telephone representatives indicate that the supervisors say the fridge should be covered under the MPA, and, at one point, I was informed there would be a voucher for the fridge; I insisted on a replacement, per the prior MPA and because I needed a fridge. I was assured that there should be a replacement appliance approval - again the fridge is deemed "irreparable, " but that the official approval had to be made by an "off-line" team within the organization. As a final salvo, the technicians made a separate trip to return to my property and gather up and recover all the repair parts for the fridge and drove off with them. April 2021 - I had to spend $2000+ to purchase a new fridge, because I needed a working fridge, which was not as nice as the one that quit working, but I had to replace my non-operational appliance - the one that quit working since June/July 2020. Why didn't Sears repair or replace the fridge from last summer? May 2021 - My latest call. I am informed that the "case" that is currently created and being updated by the representatives - the "case" to replace the fridge -- will never be reviewed because the MPA has expired for 120+ days now. Sears let it expire, let time move along, and now Sears does not have to honor its agreements, apparently. For months since July 2020, I am doing everything I can to support this appliance repair/replacement—even taking time from work, cancelling appointments, etc., to be present during service calls—and more than a couple of those calls were cancelled on the morning of the appointment beyond my control after I had already taken time from work and canceled appointments (that's really crappy by the way). I am informed that all the representatives can do now is type a few lines about my call, but there is no authority for them to do anything to address my situation. A new "case" will not be created because the MPA is expired now, and the latest representative on the phone has assured me that her supervisor has ruled on the 120-day rule. My refrigerator repair/replacement should have been taken care of in August 2020. I maintained the MPA during that time and for months afterward - and for 10 years before that. If Sears really believed it should not honor the then-active MPA from the Summer 2020 repair tickets, it would have not have led me to believe that the repairs/visits/etc. in 2021 were going to be covered under that prior MPA, much less giving me supervisor-level reassurance that the appliance replacement would be honored under that same (now-expired) MPA. MY PROBLEM: My appliance was purchased at Sears and was protected under a paid-for Master Protection Agreement from Sears, supposedly a premium protection plan, and I did everything I was asked to do regarding the evaluation and repair of my appliance when it stopped working. When I was asked schedule appointments, I did. When I was told to wait on parts, I did. When I was informed to wait on repairmen, whom you may find out weren't coming at all until the day of the appointment, I did. When I was told to wait to be notified by Sears for the next step in the process, I waited. My appliance repair (replacement) process was initiated while it was covered under an MPA. That process was initiated over 9 months ago - 9 months! of making due with a non-working appliance and Sears dragging its feet to delay the repair process. While still covered under the MPA, the appliance was deemed irreparable and, under the terms of the MPA, the appliance should have been deemed appropriate for replacement. I did everything I was asked to do which should have facilitated the service or replacement of the appliance. Sears - not me -- deemed that the refrigerator was an unrepairable appliance and according to the MPA rules it should have been replaced months before the MPA for that appliance ever expired. Due to the oversight/negligence/inactivity of Sears to delay the process of replacement while the MPA was active and for several months afterward, Sears has purposefully placed itself where its managers can now justify not repairing or replacing the appliance at all. I have had no ability to advocate for myself within the Sears hierarchy to create a "case" to replace my appliance. It appears to be a violation of the MPA to not honor my paid-for, active MPA agreement and to delay and delay and to mislead me about how the process of replacement - a "case" in the Sears lingo - was never initiated last August 2020 when my MPA was active. Also, it is wholly unacceptable and injurious to me and my family to have Sears misdirect my efforts, make arrangements for ineffectual repairmen such that I and my family have to take time off from work and cancel other appointments, and for me to continue to have dozens of hours of lengthy phone calls since July 2020 - all under the deceptive auspices and apparently false pretenses that my appliance would be covered by the MPA active from last summer. The phone representatives just tell me over and over that there is an "open case" that remains unresolved, and they just keep adding a few short sentences to it each time I call - apparently, just to appease me with no real intention to help or be able to help with my concerns. As I noted above, moving forward apparently there is no intention to ever review my "case" for replacing my appliance now that Sears has delayed its business with me long enough to reach a 120+ day threshold from my MPA expiration.