@rapha : Clothing became unstitched after wearing and washing twice. Item is currently still within 30 days of purchase.**Settled**

[spesh88]

As per the title really. I bought "Men's Pro Team Winter Tights with Pad II" for £175 and they arrived on 8th Feb. I wore twice and washed immediately after wearing. I then saw that the stitching had come undone from the seam significantly, unravelling up the leg. They are no longer fit for purpose in my opinion.

 

Am I entitled to a full refund? From my initial research it would seem if I return them within 30 days of receipt I may be, but I am unsure as they did not arrive to me faulty, but after I wore them. Nevertheless, is this not 'unfit for purpose'?

 

I contacted Rapha via email at their customer services and enquiries email addresses, as instructed on their returns/faulty goods webpage on Monday 1st March requesting a full refund and a process to follow.

 

Having received no reply, I contacted them again yesterday on Thur 4th March, advising them that i would return them today if I did not receive a reply by noon.

 

I have received no reply and their 'returns process' will not provide me with a returns number/authorisation unless I agree the item is unwashed and 'as new' i.e. saleable and unwashed.

 

I plan to return them to Rapha at my own expense and push for a refund. Do they need to comply? They state on their website they may return non-saleable returned items without refund/exchange.

 

Advice appreciated, thanks.

 

 

Edited March 5, 2021 by spesh88

[spesh88]

Okay, I'll hold off returning, but was conscious of the 30 days limit approaching (next Wed I believe will hit that). I paid by Amex credit card.

 

I will send a letter signed for today and reference my emails. In my first email I stated the following and included two images of the fault:

 

Quote

Hello,

As you can see below, I purchased these bib tights recently (I returned the size L pair and kept the XL pair). However, as you can also see from the included image, they are faulty. The stitching at the ankle and side seam has completely come undone. I do not think this is acceptable for a pair of bib tights in this price range.

As the fault has occurred within 30 days and I have also notified you within 30 days, under The Consumer Rights Act 2015 I am entitled to a full refund within 30 days. This overrides any returns policy you may have. The item is not of satisfactory quality and isn’t fit for purpose.

Please inform me of how and when I can receive a full refund. If you require me to return the item in order to process the refund, please inform me of how you would like me to do so.

Kind regards...

 

Presumably if I state again something like the above and mention I am rejecting the item, this will be adequate?

 

Thanks.

 

 

 

Also, as no address is specifically listed for returns (unless one goes through their 'process' which requires accepting only saleable items can be sent), I assume I should simply send the letter to their listed registered office?

 

Rapha Racing Ltd
Imperial Works
18 Tileyard Road
London, N7 9AH
United Kingdom

[spesh88]

Okay, letter drafted and will send signed for and also send via email in an hour. Thanks thus far and I'll update when I hear more.

Quote

 

Dear Sir/Madam,

I recently emailed you on 1/3/21 and 4/3/21 for a refund regarding ‘Men's Pro Team Winter Tights with Pad II’ from an order with your reference XXXXXXX. As of today you have not replied.

Under the Consumer Rights Act 2015 I am rejecting the above named item and I would like to know what arrangements you are going to make to collect said item and to reimburse me.

A copy of this letter has also been sent via email today (5th March 2021) to [email protected] and [email protected].

Regards,

 

 

[spesh88]

Thanks guys - really helpful and useful info. I'll take a look at the customer services guide and start a s75 process. I never call on the phone and always email or write, but yes I know if I do call then I need to record it

 

I'm pretty certain it's a credit card, but that's a good heads-up so will check that too.

 

I guess I'll see when I look into the s75 process with Amex, but I ordered more than just the one item so it would be for only a part of the transaction (the other was returned and refunded), I assume this shouldn't pose any additional problem?

 

(Yeah Manxman, I was disappointed with Rapha too. I won't go through the entire story, but in the end of over a dozen items I've recently tried, none have justified the price tag and I've only kept one item. They've also given me £35 then another £50 in credit in the past due to a poor quality item and a customer service mistake - that's all before this issue! I guess I *could* have just been unlucky, but in comparison I bought an Assos item for the first time recently directly from them and my experience couldn't be more different; real quality item and expeditious in delivery!).

Edited March 9, 2021 by spesh88

[spesh88]

Thanks BankFodder. I sent the letter signed for on Friday, but it's not been received/signed for yet. So presumably the 10 days is from when they receive it?

 

Just to be clear, you're saying I should still start s75 now anyway (and not wait 10 days), correct?

 

 

[spesh88]

Worryingly, the signed for letter has still not been received/signed for by Rapha, despite it being sent 7 days ago. I'll look into contacting Royal Mail to find out what's going on, but presumably the fact that I had emailed twice to their main customer services email addresses (from which I have previously had many communications), will be okay for the purpose of 'contacting them within 30 days?'

[spesh88]

Yes BankFodder, I did email them twice to their usual email addresses - they haven't replied - despite replying to other emails I have sent to those email addresses.

 

Manxman, you raise a good point about perhaps nothing being signed for right now - I guess that's the reason - and thanks for the insight re: signed for and 1st class - I'll take that on board for future.

 

I guess I'll just wait until the 10 days are up from me sending the letter (Mon) and then proceed with a letter of claim and then issue the court claim.

[spesh88]

Apologies - misread the document below and edited this post now.

 

 

Okay. I plan to go ahead and send a letter of claim and then a court claim. I just want to check that the delay between my last comms with them and now poses no problem to me doing so, correct?

 

Assuming I am fine to go ahead, I will be sending a letter of claim using the info in this file from the page below - is that correct? pre-action-protocol-for-debt-claims.pdf

 

Basically, ensuring I comply with section 3 of the document, right?

 

 

 

 

Edited April 29, 2021 by spesh88

[spesh88]

I've written a first draft - advice appreciated. if I include the standard reply form and info sheet from the above mentioned doc, is there anything else I should do? Is it worth included copies of the transaction/invoice and such like at this stage? they obviously have all of that, but could I suppose request info to delay/obstruct the process from getting to court I guess?

 

---

Quote

 

Dear Sir/Madam,

 

On 3rd February 2021 I purchased ‘Men's Pro Team Winter Tights with Pad II’ in both sizes L and XL from your website at a total cost of £385. I subsequently returned size L and was refunded £210, resulting in £175 being paid for size XL. However, this item was faulty - the stitching at the ankle and side seam unravelled significantly rendering the item unusable.  

 

I contacted you via email from XXXXXXXXXXX (to both [email protected] and [email protected]) on 1st March 2021 at 15:18 to notify you of this fault and requesting a refund. I also provided photographic evidence of the fault. You did not reply, despite a member of your customer services team replying to earlier emails on other issues from this email address within the previous 14 days.

 

I contacted you again using the same email addresses on 4th March 2021 at 09:07, yet you did not reply. On 5th March 2021 I sent you a letter via Royal Mail (of which I have proof of postage) rejecting the above named item under the Consumer Rights Act 2015 and requesting arrangements for you to collect the item and provide reimbursement – a copy was sent via email at 12:43 on the same day to the same email addresses as before. You did not reply to my email or letter.

 

I therefore require you to pay me £175 for the faulty item directly to my credit card used for payment. As a county court claim has not yet been issued, no interest, fees or charges are claimed at this time. However, if you fail to complete the reply form or make payment within 30 days of the date of this letter, I will issue a county court claim.

 

A copy of this letter has also been sent via email today to [email protected] and [email protected].

 

Regards,

XXXXXXXX

 

 

[spesh88]

I still have the faulty item - they have never responded. Do i need to make that clear in the letter?

 

Also - I have updated the letter to include their order ref and payment ref.

 

I thought I had to give them 30 days, if it's 14, I'll amend to that. But I got it from the doc mentioned above:

 

The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. The Protocol comes into force on 1 October 2017

 

"3.4 If the debtor does not reply to the Letter of Claim within 30 days of the date at the top of the letter, the creditor may start court proceedings"

 

Relatedly, in all the info I read about pre-action protocol, it all seems very much directed towards businesses approaching individuals and not the other way around. Just to check, I am still supposed to include the standard reply form and info sheet from the above mentioned doc? Or perhaps i have misread all fo this and it isn't directly relevant to my case? My understanding is:

 

1) Send the letter of claim.

2) If they don't reply or pay in 30 days make a court claim.

 

But if they do reply, there could be back and forth as they request documents - which is puzzling because on MCOL I can just start a claim.

Edited April 29, 2021 by spesh88

[spesh88]

Thanks Andy,  BankFodder, much appreciated. I've amended the letter as advised and also removed the part about them needing to reimburse or reply, to just state if they don't reimburse within 14 days I'll issue a court claim - hope that is advisable. I'd appreciate you giving it a final glance over before i post.

 

Quote

[My address]

 

30^th April 2021

 

 

Rapha Racing Ltd

Imperial Works

18 Tileyard Road

London

N7 9AH

 

Letter of Claim

 

 

Dear Sir/Madam,

 

On 3^rd February 2021 I purchased ‘Men's Pro Team Winter Tights with Pad II’ in both sizes L and XL from your website at a total cost of £385 (your reference: order number 40762974, Payment ref: 4616123889728910). I subsequently returned size L and was refunded £210, resulting in £175 being paid for size XL. However, this item was faulty - the stitching at the ankle and side seam unravelled significantly rendering the item unusable.  

 

I contacted you via email from [my email address] (to both [email protected] and [email protected]) on 1^st March 2021 at 15:18 to notify you of this fault and requesting a refund. I also provided photographic evidence of the fault. You did not reply, despite a member of your customer services team replying to earlier emails on other issues from this email address within the previous 14 days.

 

I contacted you again using the same email addresses on 4^th March 2021 at 09:07, yet you did not reply. On 5^th March 2021 I sent you a letter via Royal Mail (of which I have proof of postage) rejecting the above named item under the Consumer Rights Act 2015 and requesting arrangements for you to collect the item and provide reimbursement – a copy was sent via email at 12:43 on the same day to the same email addresses as before. You did not reply to my email or letter. The item therefore remains in my possession and I am still waiting for you to organise its return.

 

I require you to reimburse £175 for the faulty item directly to my credit card used for payment. As a county court claim has not yet been issued, no interest, fees or charges are claimed at this time. However, if you fail to make payment within 14 days of the date of this letter, I will issue a county court claim.

 

A copy of this letter has also been sent via email today to [email protected] and [email protected].

 

Regards,

[XXXXXXXXXXXX]

 

[spesh88]

Quick update. After sending the email alongside the letter last week, I was contacted within a couple of hours by customer support.

 

I was immediately refunded the £175 to my credit card as well as being provided with a £75 voucher and an apology, acknowledging they had failed with their customer service.

 

A part of me hopes that it was a genuine error on their part to not respond to me previously, but the other part recognises that no action was taken by them until i sent a letter of claim stating that I would take them to court if the took no further action.

 

Either way, a positive resolution. Thanks everyone for your help and assistance on this one. Another donation incoming!

[spesh88]

I suspect so too BankFodder! Thanks again for your help.