Faulty goods refused refund or replacement

[mrspodington]

Hi I'm looking for some advice over a somewhat complicated issue.

 

My daughter attended a local gymnastics academy and I bought her a club leotard which was needed for a display,

 

she wore the item approximately 6 times for an hour at a time when I noticed stitching on the shoulder seam was faulty,

 

I returned the item to the academy 7 weeks ago and was told at the time that they had issues with other leotards

and it was being dealt with by the manufacturer.

 

Since that time my daughter has decided to leave the academy to concentrate on her other sports

 

I contacted the academy today and asked that the leotard was either replaced or a refund issued as the item was faulty and

 

was told that the manufacturer had looked at the item and had decided that we had purposely damaged it

and would repair it at the earliest opportunity but the lady who does this is away,

 

when I questioned if the lady had been away for 7 weeks the academy said that it was the academy's fault

as they have missed collection by the manufacturer several times.

 

When I asked about the fact that i was told they had problems with other leotards I was told that those issues were with the cuffs and not the shoulders.

 

I have asked that the leotard is returned without repair so that I can get an independent evaluation

as we have not purposely damaged the item why would we?

 

At the time the leotard was only 6 weeks old and my daughter was still part of the academy.

The lady who runs the academy has not mentioned anything to me about the item until I contacted her this evening.

 

I feel I have given sufficient time for the problem to be rectified but the academy has told me that I only had 14 days to report a problem .

 

what I really need is advice

 

do I have to accept a repair on the leotard on their say so that I have purposely damaged the item

 

or am I within my rights to ask for a refund.

 

They have point blank refused to give me the item back in the faulty/damaged state that I returned it.

 

I really feel that they have painted me as a liar.

 

Sorry if this is a bit long winded and apologies if I have posted in the wrong section

 

but any help or advice you could give me would be highly appreciated

 

Thank you

[dx100uk]

how did you pay please

 

it might be easier to do a chargeback.

 

dx

[mrspodington]

how did you pay please

 

it might be easier to do a chargeback.

 

dx

Hi I paid cash and it was only £37 it it's the principle and I'm really upset that they are making me out to be a liar, I really feel that the underlying problem is that my daughter has left the academy I feel that 7 weeks is sufficient time to have rectified the issue.

[mrspodington]

I should also state that all contact has been through text message and as such I have proof that they have not sent the leotard to the manufacturer through them missing collection.

[dx100uk]

well they are your target under SOGA

 

sad it was cash!

 

dx

[mrspodington]

Have had a quick look through SOGA what is classed as reasonable time for repair? I personally think 7 weeks is not reasonable especially as they have admitted that they are at fault for the repair not being carried out. How can I peruse a refund in this case?

[dx100uk]

typically 28 days!

 

dx

[mrspodington]

can anyone give me advice on how to proceed from here as they are refusing to listen and are still insisting that it will be repaired do I need to put it in writing?

[Conniff]

You should send them a letter by recorded delivery and give them 7 days in which to either refund or replace the item.

 

Seven weeks is certainly not a reasonable time, so I would mark the letter 'Letter Before Action' and say that if you don't receive a refund or replacement by seven working days, you will take action without further notice.

 

Don't threaten action unless you 'will' go through with it. It will cost about £35 which you add to your claim. https://www.moneyclaim.gov.uk/web/mcol/welcome

[Surfer01]

You do not mention from whom you bought the leotard as your contract is with them and no one else. The manufacturer can only be called into court as an expert witness. This sometimes helps as not many manufacturers want to spend time in court in case you win the case in which case the goods will ne branded as inferior and be made public without worry of libel.

[mrspodington]

I bought the leotard from the gymnastics academy themselves, they have said that their manufacturer has deemed that I have tampered with the stitching which I absolutely have not this is the only part that worries me as how do I prove that I have not purposely or accidentally damaged the item. The manufacturer is obviously not going to admit their product is inferior as this would impact upon the academy in question buying from them in the future.

I have asked for the leotard to be returned unrepaired so that I could get an independent evaluation at my own cost but this has been refused.

[Conniff]

It is your property and you have paid for it. If they refuse to return it, then you can lodge a complaint of theft against them.

[mrspodington]

How do I lodge a complaint of theft should I do this if my intention is to take action in the small claims court?

[Conniff]

Go through the protocol first, write to them and request either a refund or a return and see what they say.

[mrspodington]

Go through the protocol first, write to them and request either a refund or a return and see what they say.

 

Thank you I am still waiting for them to give me their business address and name of whom to address.

[Conniff]

Can you post the name of the academy pse, if you don't want to do it on the public forum, then send it to me in a Private Message (click my name)

[Prolix]

How do I lodge a complaint of theft should I do this if my intention is to take action in the small claims court?

 

Not all small claims actions have to be about money. You can raise an action "ad factum praestandum" as it is in Scotland, that will require the doing of something - like returning your goods. I'm sure there'll be a similar action available in the english courts if that's where you are. I don't think the Police would entertain a theft complaint - they'll say it's a civil matter.