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Debenhams, case or not, and how fast?


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Brain picking time.

 

I'll keep this short.

 

My wife bought a dress in the debenhams sale for 9 quid. Bargain!

 

Upon getting it home, and wearing it for the first time it showed staining under incandescent, rather than flurescent light.

 

We tried to return it for an exchange, and were almost accused of trying it on returning a dress that she herself had stained. I was with her all night and she most definately did not.

 

It's not about the money, it's now about the disrespect. See below my proposed letter of complaint. any ideas as to my next course of action.

 

Can you tell I'm annoyed?

 

Just after christmas (December the 30th 2010) My wife purchased a dress from Debenhams Leicester. This dress cost a grand total of (£9.00) Remember this it will be important later. Also bear in mind, that there was no marking or anything to suggest she was buying a "second" or otherwise damaged product.

 

Upon returning home, she tried on the dress, in order to show me how great it looked on her, I agreed, and the tags were removed. On the 31st She put on the dress before we attended a very small family function at my parents home. It was opon removing it again, whilst my wife finished getting ready, that she noticed purple staining on the inside of the dress. This staining is also noticable in natural light on the outside. She wore alternative apparel that evening.

 

Today (04/01/2011) she attempted to return the item and exchange it for an identical item. An act she was perfecly entitled to do under SOGA, as the dress was neither fit for purpose, nor of Satisfactory Quality.

 

Upon approaching the cash desk, she was told the dress smelled of perfume, and that she'd obvoiusly worn it. not suprising really, as she had, in fact she'd worn it twice. My wife loves all kinds of expensive, and exotic perfumes, in fact they probably cost me more than the boat does.

 

The assistant refused the exchange, and called The Manager.

 

The Manager likewise stated that "im not exchanging this, it's been worn" oh and "we cannot resell that, the tags have been taken off."

 

I purchased the 2nd dress, and we left the shop in utter disgust. An act that with hindsight, I regret.

 

Now here's the rub

 

Remember the dress cost 9 pounds.

 

My wife and I both are professional working people, between us we bring home a reasonable income, we have a modest Mortgage, and we most certainly do not need to attempt to defraud Debenhams for 9 pounds. If we'd have stained the dress, we would have either binned it (Remember 9 quid) or had it dry cleaned.

 

My Wife has been in tears most of the evening.

 

This XMas period we spent roughly the following, in your Leicester store, on Gifts alone.

 

Perfume = £27.00

Watch = £25.00

Coat = £45.00

Coat 2 = £27.00

Umbrella = £18.00

Soaps and assorted smellies = £10.00

 

A total somewhere in the region of £150.00.All of which we heave recipts for.

 

Next year, John Lewis's will be the recipient.

 

However, despite the fact that We'll NEVER be shopping in Debenhams again, we still come to the fact that MY wife is entitled by the Section 14 of the Sale of Goods Act 1979 to redress becuase the dress was not of satisactory quality.

 

I now ask, not that you exchange the item, as I have already paid for a 2nd dress. But that you refund the 9 pounds. And more importantly, someone from your organisation apologises to my wife, as she is absolutely distraught by the fact that she feels she was hugely disrespected by your Manager. A fact I agree with.

 

I feel, given the Small amount of money involved, that 7 days is adequate for you you redress this issue, before we take further action. Given the way we have both been virtually accused of attempting some form of low action by your Manager, this is not going away. And I reserve the right to take further action up to, and including, filing claim in the county court with very little further notice.

 

 

With absolute disgust

 

So, post then file SC sharpish?

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You're certainly doing the right thing in writing to them but I feel that you should remove all the emotion from the letter and stick to the facts. State simply what happened and when. I think 14 days would be a more reasonable time to give them to respond, and if you're wanting to use this as your letter before action then the closing paragraph needs to be clear, i.e. after 14 days you will file a claim without any further notice. At the moment it is unclear as to whether you will take that action, if you will give them further notice, etc.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks, yeah will rewrite to take out the anger before printing out and posting.

 

Will also adjust to 28 days rather than 7, but it's not a LBA as I guess I need to show I've tried to resolve the issue "ammicably" first.

 

Mind you, the threat is real, they upset SWMBO. I get earache, they get it back in spades.

 

Oh, and take out the typos ....

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