Action against LK Bennett

[spudbynight]

My wife purchased a pair of shoes from LK Bennett 6 years ago. (6 years is up at the start of July)

 

Unfortunately they have a manufacturing defect on one shoe. The material has been cut too far down on the outer side of the shoe where it meets the toes. She attempted to return these shoes a couple of days after purchase when she noticed the defect. The manager in the shop refused to exchange or refund the shoes. She was also incredibly rude about it and made a point of telling my wife not to come back another day. She was going to talk to all the staff and tell them not to accept the shoes back.

 

While spring cleaning we came across the shoes the other day. They are still unworn, in the box with the label attached. We also have the receipt.

 

My wife wrote a letter before action to LK Benett which I will copy below.

[spudbynight]

L.K. BENNETT LIMITED

3 CAVENDISH SQUARE

LONDON

W1G 0LB

 

 

 

FAO : Didier Drouet

 

7th June 2013

 

 

LETTER BEFORE ACTION

 

Dear Mr Drouet,

 

I am writing to you regarding a pair of shoes I purchased from your Brighton store on 5th July 2007. These shoes were actually purchased after returning another pair of shoes which fell apart after a single wear.

 

 

The shoes in question have a manufacturing defect where the fabric is miscut on one side of one of the shoes. I attempted to return these to the branch in question shortly after purchase by the Branch Manager refused to offer any form of refund

or exchange. I had the shoes inspected myself by a cobbler who is used by your company and he confirmed the manufacturing defect.

 

These shoes are still in the box having never been worn.

 

There is a statute of limitations of 6 years from date of purchase which will be up next month. It is with this in mind that I am writing to you know. I wish to have my purchase refunded in full. In accordance with legislation I also require statutory

interest to be paid on this amount.

 

I have attached a copy of the receipt for your information. The amount owed is as

 

follows :

 

Purchase Price of Shoes : £89.00

 

Statutory Interest at 8% : £42.37

 

Total Claimed : £131.37

 

Please be advised that if full payment of this amount is not received within 14 days of the date of the letter I shall take action though the small claims court.

[spudbynight]

My wife had email contact from them where LK Bennett they asked her to send the shoes back to them (at her cost) to be inspected by one of their "technologists".

 

She replied by email "Without Prejudice" stating that she was unwilling to send the shoes back to them this close to a potential court claim. They were welcome to visit her to inspect the shoes at an agreed time.

 

There has been no response to that email and the 14 day period is up. We were going to issue a claim through the courts service today. Is that the correct next step?

[BankFodder]

You are right that court action is the next step. However you have done yourself no favours by waiting so long before taking action.

I think that the shop would be justified about complaining about the amount of interest your are claiming - which is very high at today's rates, and if I was advising the shop I would tell them to ask the judge to exercise his discretion in the circumstances not to award interest - or else at a very low rate - and I expect that the judge would agree.

 

Also, the shop is very reasonable in asking for an opportunity to inspect - although of course this might lead to the expiry of the limitation period.

 

Do you have something in writing from the cobbler who originally inspected the goods?

 

Here is my view: - Frankly I don't feel that it is very fair that you have decided to take action at this very late stage when nothing at all has been done for 6 years.

I think that the claim for interest is unfair in the circumstances and I think that a judge would agree if it was brought to his notice.

 

If you want to bring the claim then you will invite further disapproval from the judge by not allowing time for the shoes to be inspected.

 

I would write to the shop and tell them that you are happy to let them inspect the shoes if they will agree in writing that the limitation period is suspended for the duration of the inspection.

 

If they did not agree, then I would sue them. Their refusal would give me back a bit of the moral high ground - but only a bit.

I would allow them to settle without any interest.

 

Frankly, I would chuck the shoes away and let it go.

[steampowered]

I agree with BankFodder.

 

After such a long period of time, it will be very difficult for you to prove in court that the shoes were faulty when you bought them.

[spudbynight]

You are right that court action is the next step. However you have done yourself no favours by waiting so long before taking action.

I think that the shop would be justified about complaining about the amount of interest your are claiming - which is very high at today's rates, and if I was advising the shop I would tell them to ask the judge to exercise his discretion in the circumstances not to award interest - or else at a very low rate - and I expect that the judge would agree.

 

Also, the shop is very reasonable in asking for an opportunity to inspect - although of course this might lead to the expiry of the limitation period.

 

Do you have something in writing from the cobbler who originally inspected the goods?

 

Here is my view: - Frankly I don't feel that it is very fair that you have decided to take action at this very late stage when nothing at all has been done for 6 years.

I think that the claim for interest is unfair in the circumstances and I think that a judge would agree if it was brought to his notice.

 

If you want to bring the claim then you will invite further disapproval from the judge by not allowing time for the shoes to be inspected.

 

I would write to the shop and tell them that you are happy to let them inspect the shoes if they will agree in writing that the limitation period is suspended for the duration of the inspection.

 

If they did not agree, then I would sue them. Their refusal would give me back a bit of the moral high ground - but only a bit.

I would allow them to settle without any interest.

 

Frankly, I would chuck the shoes away and let it go.

 

Thanks for your reply. Just to give some more information and my own comments on each point raised :

 

Interest Claimed : As I understand it this is the statutory amount. I didn't feel it correct to arbitrarily decide on an interest amount when there is a rate stipulated by statute. While the current interest rates are low that hasn't impacted on the rate of inflation.

 

Inspection : The shoes were inspected in the shop by the branch manager who refused to concede the manufacturing discrepancy. In fact the issue is nearly identical to that detailed HERE . I have a concern that should the shoes be sent by me to LK Bennett any physical evidence I current hold disappears. It isn't a technical issue, there material is visibly cut away at one side on one shoe. This makes the shoe difficult to walk in. It is visible to the naked eye. We have given LK Bennett the opportunity to inspect the shoes, at our convenience rather than theirs. The cobbler my wife took them too noticed the defect immediately. He wasn't willing to put that in writing as LK Bennett were one of his main clients locally. If needed, I don't imagine it being too difficult to find another cobbler locally to put something in writing.

 

Date of claim : I would agree the length of time before claiming isn't ideal. I don't believe that the length of time makes the claim any less valid though. If the shoes have a manufacturing defect (which they do) then that defect is still as present now as it was at purchase. I think it was unfair of LK Bennett to refuse to refund at the time of purchase and the period of time that has passed hasn't changed that.

 

I agree with BankFodder.

 

After such a long period of time, it will be very difficult for you to prove in court that the shoes were faulty when you bought them.

 

Thanks for your reply. I have the shoes in front of me. The manufacturing defect is very visible and is simply down to the material being incorrectly cut on one side. A measuring tape can demonstrate the difference between each shoe.

[BankFodder]

Although the interest is statutory - it means that the judge is allowed to award it but he can refuse or reduce it if he wishes.

 

It seems to me that you should supply good photographs to the shop and allow them to decide from those. If the fault is so obvious, then that should be enough.

When does the time expire?

 

I am merely mention the other points because I expect that they will come up if the matter goes to court.

I really do think that waiting so long is pushing it a bit. If you had been working on it and the shop had been causing problems etc - then there owuld be a good basis for using up the 6 years. The 6 years isn't there for people to keep the problem stored away until it occurs to them to take some action.

 

However, as you say, you have the right - and you will probably win but if it goes to court, then be ready for raised eyebrows and some comments.

[spudbynight]

Although the interest is statutory - it means that the judge is allowed to award it but he can refuse or reduce it if he wishes.

 

It seems to me that you should supply good photographs to the shop and allow them to decide from those. If the fault is so obvious, then that should be enough.

When does the time expire?

 

I am not going to kick up a fuss if the claim for interest is refused or reduced. That is at the prerogative of the presiding judge. I just don't think I have freedom to claim an arbitrary amount do I?

 

The date of purchase is the 5th of July. I can take photos and email them to LK Bennett now. Would that weaken my case? How should I approach that seeing as the 14 days I gave them has expired?

[BankFodder]

Just go for the 8% and leave it to the judge.

 

Send him the photos and give him another 7 days.

Make sure that the pics are clear and high res and in focus and several of them.

 

Just get on with it.

 

You really should have done this before. Issue the claim about 4 days before the deadline.

 

You should have had this all planned. Why send ultimatums when you don't really understand what your next step will be? You shouldn't threaten or take action without a plan. You should understand fully what your next step should be - otherwise don't bother.

[spudbynight]

Just go for the 8% and leave it to the judge.

 

Send him the photos and give him another 7 days.

Make sure that the pics are clear and high res and in focus and several of them.

 

Just get on with it.

 

You really should have done this before. Issue the claim about 4 days before the deadline.

 

You should have had this all planned. Why send ultimatums when you don't really understand what your next step will be? You shouldn't threaten or take action without a plan. You should understand fully what your next step should be - otherwise don't bother.

 

I did have a plan - to contact the seller and raise the issue. If not satisfied to issue a claim.

 

I came on here to make sure I hadn't left anything our that would invalidate my claim. It is only at your suggestion of sending the photos that I am considering another step.

 

You say send "him" the photos. Are you referring to LK Bennett?

[ericsbrother]

If they offer to replace the boots would you want 1 and a half pairs of boots as interest? SoGA doesnt enforce a refund after this time, just that the store should make good. You obviously have the name of the rude manager so you can get a witness statement.

After the best part of 6 years the first thing you are going to be asked is "why didnt you do something about it sooner?" What will your reply be. You have had ample time to take the first action you did, namely contact head office but you failed to do so. "The law is not concerned with trifles." is a legal term so I would think very carefully about what you wish for.

[Ganymede]

De minimis non curat lex.

[assisted blonde]

Indeed gannymead. my 2 penorth on this is for 89.006 years ago is it worth the hassle? if you were that worried you would have done something about then and not waited, although you are just within the statute of limitations I would say get a life.