Returning a clothing item which has been damaged

ccochrane

Hi there,

Just wondered if anyone could help concerning a suit I bought last friday for a wedding on saturday. I was getting ready for the wedding wearing the new trousers and as sat on my bed to put some socks on the trousers ripped.

I took the trousers off and the stitching on the rear (bum) in the centre where the two bits of material join had pulled away but was still connected to the material. This was from about 7cms below the belt part of the trouser for about 10-15cms down the back and around. There was a rip below this which went into the material rather than along the stiching. I am a 32inch waist and these trousers are a 34inch waist so they weren't tight at all so I am mystified how this could happen. I then had to wear an old suit to the wedding.

I took the suit back to the male suit company (won't name them...yet) and they have said the damage looks more intentional rather than a fault with the stitching they have sent it to be tested. I really like the suit and want the same suit even though I wasn't able to wear it to the thing I actually bought it for.

I can't prove that there may have been damage to the trouser before I bought them (I will now check every bit of stitching in the future) which reacted when I sat on my bed. So IF the store come back and say that it wasn't a fault with the clothing I am left with a basic he said she said situation which I don't really see how I can win even though this should not happen within a day of buying the suit, even if I take it further up the management chain.

As I said I am waiting for them to get back to me but the way the manager of the shop described the rip, it basically felt like I was to blame and they weren't at fault at all which seems ridiculous. I bought a suit I thought would last ages and it hasn't lasted a day. I could understand that if I had worn it too the wedding and ripped it then but not when getting ready for it!!

Hope someone out there can help, if not then thanks for reading and make sure you check any clothes you buy very carefully!

4743hudsonj

ccochrane wrote: »

Hi there,

Just wondered if anyone could help concerning a suit I bought last friday for a wedding on saturday. I was getting ready for the wedding wearing the new trousers and as sat on my bed to put some socks on the trousers ripped.

I took the trousers off and the stitching on the rear (bum) in the centre where the two bits of material join had pulled away but was still connected to the material. This was from about 7cms below the belt part of the trouser for about 10-15cms down the back and around. There was a rip below this which went into the material rather than along the stiching. I am a 32inch waist and these trousers are a 34inch waist so they weren't tight at all so I am mystified how this could happen. I then had to wear an old suit to the wedding.

I took the suit back to the male suit company (won't name them...yet) and they have said the damage looks more intentional rather than a fault with the stitching they have sent it to be tested. I really like the suit and want the same suit even though I wasn't able to wear it to the thing I actually bought it for.

I can't prove that there may have been damage to the trouser before I bought them (I will now check every bit of stitching in the future) which reacted when I sat on my bed. So IF the store come back and say that it wasn't a fault with the clothing I am left with a basic he said she said situation which I don't really see how I can win even though this should not happen within a day of buying the suit, even if I take it further up the management chain.

As I said I am waiting for them to get back to me but the way the manager of the shop described the rip, it basically felt like I was to blame and they weren't at fault at all which seems ridiculous. I bought a suit I thought would last ages and it hasn't lasted a day. I could understand that if I had worn it too the wedding and ripped it then but not when getting ready for it!!

Hope someone out there can help, if not then thanks for reading and make sure you check any clothes you buy very carefully!

its faulty stiching, almost no doubt about it.

no trousers should rip that easily

and if they come back saying its your fault then your not by any means stumped.

ok so the sale of goods act protects consumers by stating that goods must be "durable", "of satisfactory quality" and "fit for purpose". This is all subject to cost, age and usage etc but you wont have to worry much about that as its new! it would however help to know the price?

so this protection entitles you to a repair or replacement or even a refund (possibly partial) if deemed necessary.

So what this means is that if a "normal person" would think that trousers costing what yours cost should last longer than 10 mins? max then you have a case. Now obviously anyone would think any pair of trousers should last longer than putting them on no matter the cost. So you do have a case.

Now the burden of proof is on the retailer for the first 6 months which means that it is their responsibility to PROVE that the product DIDNT have an inherent fault from purchase. This proof would have to effectively satisfy a small claims court if it came to that if they wanted to use it as proof. Now your retailer has done this by sending it off, and it SHOULD come back as being faulty, in which case a repair or replacement is the solution(they may choose which).

If they come back saying not faulty then you will have to contest this and write a letter to the store and its head office mentioning the sale of goods act and threatening to go to trading standards and small claims court if they do not reply with a suitable solution within 14 days. this should prompt them into action and if not then follow it through and small claims proceedings will undoubtedly go in your favour.

ccochrane

Thanks for the information 4743hudsonj that's good to hear I can go back to them if they come back with it's 'not a faulty product...' line

The suit was in the stores sale and an expensive £369 so not the cheapest suit which is why it hurts all the more.

I hope they do come and say they will replace it but it's good to know I will have something to use.

thanks again.

pinkshoes

There is no way in a million years that a decent suit would rip just by sitting down, so it MUST have been a material/manufacturing fault, particularly the way the seam came away, and then ripped.

Do not take "no" for an answer, and insist that they replace the suit. If they start being awkward, tell them you'll be speaking to Trading Standards, and will claim through the small claims court if necessary.

Then NAME AND SHAME them on here!!

ccochrane

thanks pinkshoes, they were supposed to get back to me in a couple of days, which was thursday and still heard nothing. Will post the name whether it's a postive outcome or not but they aren't filling me with too much confidence right now!!