Do I have a case to take Lowes to Small Claims?

[carpium]

What is the name of your state (only U.S. law)? Virginia

Hello,

Last summer I placed an order of many flooring items from Lowes, but they really dropped the ball on the sale and delivery. 1) They cancelled the order on the day of the delivery unannounced because they didn't have enough delivery trucks available on short notice, 2) reactivated the sale after I called them but missed the subsequent delivery day (happened two more times), and 3) when they finally delivered the items, they delivered the wrong amount.

Frustrated with this experience I asked for a refund on the items that weren't delivered but they have not honored the deal.

- they only have my signature for the partial items that were delivered
- I contacted Lowes corporation to file a complaint and really pleaded with them to provide the refund asap and also got in writing that they would refund back approximately $1,800
- it's been more than six months and I still have yet to receive my refund

I also have the original sales receipt and can screen print the text they sent that the amount would be refunded.

Do I have a case that I can win in Small Claims in VA? I would also like to request the maximum punitive damage amount for all of the hassle.

Thank you in advance.

 

[adjusterjack]

You do appear to have a case for your money back for the undelivered items.

But forget punitive damages. Ain't gonna happen.

 

[FlyingRon]

Have you talked to the store manager at the particular store involved. Not CUSTOMER SERVICE, not someone at corporate, the STORE MANAGER.
Lowe's gives them broad leeway to fix issues with customers. In fact, I am surprised you they offered you anything directly rather than referring you back to the local store manager.

Anyhow, you can sue in GDC in VA (small claims). It's straight forward and informal. Still if you paid by credit card (even Lowe's own card), it probably is faster and easier protesting with them. And I agree with AJ. You're not getting punitive damages in general, and you won't get them at all in small claims. Virginia small claims resolution is limited to money amounts for actual damages and recovery of bailed property.

 

[Taxing Matters]

Do I have a case that I can win in Small Claims in VA? I would also like to request the maximum punitive damage amount for all of the hassle.

Thank you in advance.

It would appear that you do have a good breach of contract claim. But you'll get no punitive damages. In general punitive damages are not available in contract claims to begin with, and even if they were available you don’t get punitive damages or any other kind of award because of the “hassle” you’ve had in chasing down the refund.

 

[carpium]

Have you talked to the store manager at the particular store involved. Not CUSTOMER SERVICE, not someone at corporate, the STORE MANAGER.
Lowe's gives them broad leeway to fix issues with customers. In fact, I am surprised you they offered you anything directly rather than referring you back to the local store manager.

Anyhow, you can sue in GDC in VA (small claims). It's straight forward and informal. Still if you paid by credit card (even Lowe's own card), it probably is faster and easier protesting with them. And I agree with AJ. You're not getting punitive damages in general, and you won't get them at all in small claims. Virginia small claims resolution is limited to money amounts for actual damages and recovery of bailed property.

Yes, I dealt with the store manager first before going to customer service. It eventually got elevated to the office of complaints/billing department who reached out to the store manager to get the full story, who then submitted in writing that the refund would be paid, but yeah...

I still have not received my refund.

Stinks about not getting any punitive damage, but I guess it was worth a ask.