Faulty Boots from Clarkes (and their poor service)

BatCat

Hi Folks,
Basically I was wondering if someone can give me guidance on the next step here.
Bought a nice pair of leather boots for work in the Clarkes sale in the spring. Nice solid ankle high leather boots with a heel, but a solid stacked heel (not a teeny stiletto). Wore the boots for about two months then summer came and didn't wear the boots again until a couple of weeks ago. Was walking to the bus stop on Friday and heard a 'chink'. Looked down and one heel had completely snapped off. On further inspection discovered the heel had not only snapped off the boot, but had snapped off the bar that holds the whole boot together (which was made of plastic) and so would be impossible to fix. Muttered to myself, but though, Clarkes are a good company, they will give me a decent refund or store credit as these boots are obviously faulty.
I looked up my rights on the DTI website and went into Clarkes on saturday. The woman in the Clarkes shop said that as I did not have a receipt (the DTI website said I did not need one) that they could only give me the last sale price (which was 9.99, I paid 34.99). I said this was unreasonable as I had bought the boots in the spring and they could not expect people to keep receipts for over 6 months. I asked to talk to the manager, but she was busy in interviews.
There was arguing back and forth and I left in a huff threatening to report them to trading standards. I've since found the credit card statement that claims the boots were 34.99.
Anyone know what the next move should be? I'm very peeved at Clarkes. I bought a fault pair of sandals from Debenhams a couple of years ago and they gave me the price I paid for them without quibbling even though the shoes had gone into the sale.
Thanks,
BatCat

Bossyboots

Clarks have acted within their rights. Go back with your credit card statement as you can now show what you paid. To dispute the transaction as being for the boots would be to call you a liar and I am sure they won't go that far.

I must admit, I am surprised you don't have the receipt. I keep everything for at least a year to cover just this sort of occasion.

BatCat

Really? They are allowed to do that?
OK then, I will give it a go.

I normally keep receipts for about 6 months, but with shoes there's often very little point, as I would never return them and shops do not accept returns on shoes that have been worn (rightly so).
Thanks,
BatCat

Bossyboots

They have to accept returns on shoes that have been worn if they are faulty and the test for reasonableness of time would be met in your case as it would not be reasonable for you to wear them over the summer. Even then, you could have an argument that they weren't fit for purpose if you only get limited use out of them.

However, for all they know you only paid £9.99 for them. Their responsibility is to refund or replace but in the absence of proof to the opposite, they only have to offer you the last price they were sold at. You will find this pretty much standard practice now even in Debenhams who have really tightened up their returns procedures. (Assuming the staff follow them, which I know from recent experience they don't).

BatCat

However the DTI website claims that I do not need the receipt (though it doesn't refer to sale prices) :
Q7. Do I have to produce a receipt to claim my rights?

No. In fact the trader doesn't have to give you a receipt in the first place so it would be unfair to say that you had to produce one. However, it might not be unreasonable for the shop to want some proof of purchase, so look to see if you have a cheque stub, bank statement, credit card slip etc., and this should be sufficient.

I may ask them to rephrase this.
Thanks for your help!
BatCat

Quackers

I work for Clarks and everything Bossyboots says is spot on.

We only ever offer the last selling price although in our store if a customer isn't happy with that and they paid more we also remind them that their bank statement will also be suitable proof of purchase. Its a shame the store you visited didn't offer the same advice.