wedding dress deposit poor quality dress

[raphaelle1990]

I put a £900 deposit down on a dress in October 2016 with a small wedding dress shop.

 

I signed a contract that said that it is not possible to have a refund of the deposit. It was ordered and when the dress arrived in March, I went into store to try it on. It had loose threads and rows of beading falling off the front of the dress (costing £1700 in total).

 

The store assistant apologized and said that it was not good. I left the store and the dress in their care and said that we would try and sort something out. I had to leave and I did not take photos. A family member and the store assistant witnessed the poor quality.

 

I decided afterwards that it was not good enough and I just wanted a refund as time was ticking on the wedding and I was worried that it would fall apart on the day. They offered to sort it out which I rejected due to inconvenience.

 

I sent them an email and then an official letter quoting the consumer goods act, how they had breached the contract and that the store assistant had already agreed that it was unsatisfactory quality. The owner is continuously saying that it is satisfactory quality and the manufacturer has offered to have a professional adjudicator prove this.

 

They have said that I am not entitled to have my deposit back. I am concerned that they have fixed the dress since I went and that this adjudicator would not be impartial. What can I do next? I feel that the matter has been handled unprofessionally but we are arguing about what is satisfactory quality. For the price of the dress, I would have expected it to be perfect but it really was not good enough and I am a reasonable person. I work away so its really hard for me to get back to the shop to sort anything out.

 

What can I do?

Edited April 6, 2017 by honeybee13
Paras.

[dx100uk]

How did you pay?

[BankFodder]

Assuming that you can prove your case, then there is no doubt that you would be entitled to the return of the deposit because the deposit is part of the sale price.

 

The stipulation that the deposit is non-refundable would only work in the event that everything else was satisfactory and there was a cancellation of the contract. The seller would then be entitled to keep the dress plus the £900.

 

Your problem as you have already guessed, is that you didn't take any photos and that you have no other real evidence of the condition of the dress.

 

I understand that you are working and it may be difficult to go and sort it out – but I think that this is what you will have to do.

 

If you really want to challenge it then you might be in a position where you would have to begin a small claim in the County Court. This would take several months to be resolved and with an uncertain outcome unless any of the salespeople are prepared to support your version of events. They may not want to this because they may be worried about compromising their own job.

 

It might be very much easier to get to see the dress as quickly as possible to check it. If you find that it is still defective then this time take photographs and be very careful about acquiring evidence.

 

However, it seems to me from a purely practical point of view that it would be better to allow the seamstress to finish the job and produce a perfect item so that you can just move on and have your wedding and enjoy the dress.

 

It may be that if you gave the seamstress this opportunity, she might be equally cooperative with you and allow you to suggest further modifications or further improvements that hadn't been agreed at the time of the sale.

 

More than one way to skin a cat

[raphaelle1990]

Thanks for your replies. I paid by Barclaycard but according to their website, you need proof that the garment is faulty. I think seeing the dress next is the answer. Thanks again

[dx100uk]

don't forget section 75 then

Barclaycard are equally responsible.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?473625-Section-75-and-Charge-Back..-gt-Whats-the-difference-and-how-to-utilise-them

[raphaelle1990]

Hi all,

just thought I would provide an update.

 

 

I have applied to barclaycard and they dismissed the application so no joy there.

 

 

I called the shop (it took a lot of strength to do this) and spoke to the other owner, who was equally unprofessional.

 

 

Her argument centred on what the shop had to lose and again we debated what was acceptable quality.

I warned them of the next steps and they did not seem bothered.

 

 

They told me that an impartial adjudicator could come and inspect the quality, but I don't have any means or contacts to do this,

 

 

I am confident that if the dress is still in the state that it was left in, they would find fault.

 

 

At a loss as to what to do next??

Scared by the court action in terms of time and money I would have to spend.