I bought a black sleeveless keyhole top with diamante sequins around
the keyhole from Missing Label in Halifax, on 8 January 2002. I also purchased
two other tops at the same time. Whilst I was purchasing them I was told
by the assistant that because they were sale items they were non-returnable.
I have worn the item once and washed it according to the instructions
on the label i.e. inside out, on a delicate wash at 40 degrees. After
washing I found that some of the sequins had come off.
I returned to the shop and explained the situation to one of the assistants
on Tuesday 22 January and she informed me that she would have to speak
to the owner (Mrs H) but she didn't think anything would be done about
it.
I returned to the shop on Wednesday 23 January with the top and my receipt
and explained the situation to another assistant who reiterated that she
would have to speak to the owner but she didn't think anything would be
done about it. I said the item was obviously faulty and that the owner
should review The Sale of Goods Act 1979. The assistant said "she
knows all about that". I left the top with her and she said the owner
should be there sometime on Tuesday 29 January.
I wrote a letter on 23 January addressed to The Manager of the shop explaining
the situation because the shop assistants were extremely discourteous
and condescending. I said in my letter that I was disappointed
that the item was faulty and would like to claim a replacement.
I returned to the shop on Tuesday 29 January and the shop assistants
said the owner had not been in yet, but they would show her my letter
and the item. I asked if they had opened the letter addressed to The Manager
and they said that they had. I explained that the letter was addressed
Private and Confidential to The Manager and they said they were authorised
to open her mail.
I returned to the shop on Thursday 31 January and was told that the owner
would not replace the faulty item or give me a refund. I said the item
was obviously faulty. The assistant said they were only "stuck on".
I said I would have expected to wear the item more than once. They returned
the item to me with no explanation as to why I was being refused a refund/replacement
except that "the owner won't do anything about it". I asked
for the owner's name and was told it was Mrs Heeley. I asked if she was
mostly at the Huddersfield shop and they said yes.
There was no indication on the label to say that the sequins were faulty
or stuck on and would come off after one wash.
I wrote to the Mrs Heeley at the Huddersfield address on 7 February stating
that I was extremely surprised and disappointed to find that nothing would
be done about the faulty item I had returned to the Halifax shop. I mentioned
obligations a seller has under a sale of contract i.e. the goods must
be of "merchantable quality" and "fit for any particular
purpose for which they are being bought". I stated that the item
I was sold was clearly not of merchantable quality and as such I am entitled
to a refund under the Sale of Goods Act 1979. I stated that I would have
been happy to exchange the item for another, but did not expect to be
told that "nothing would be done about it". I asked for a written
reply within 7 days. I did not receive a reply.
I wrote again on 15 February saying that, as I had not received a response
to my letter of 7 February, I would be informing the Office of Fair Trading
and registering a formal complaint at West Yorkshire Trading Standards
Office, the Consumers' Association and any other Consumer organisation
within the region. I said I would be contacting my local Citizens Advice
Bureau, local newspapers and any tv/radio programmes and internet sites
which deal with consumer problems informing them of their infringement
of my statutory rights and the fact that they are breaking the law by
refusing to refund money for faulty items and informing customers that
"sale items are non-refundable". I said that if I did not receive
a written response within 7 days, that I would have no other choice but
to take the above-mentioned action.
To date I have not received any response.
All letters were send Recorded Delivery and signed for.
_______
Well
the matter is now in the public domain. We have issued a right of
reply letter.
