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Legal Advice needed!

Hi Folks, I would appreciate it if any of you could help me with my rights? My son has just returned from school with a damaged jacket (£65 Superdry). One of the guys in his class (who is a complete pain in the proverbial) took his coat and put it on but then when the teacher asked him to return it to my son, he got the zip stuck and ripped the teeth out of it. I have sourced another one and have asked them to keep it for me until Sat. What I need help with is my rights regarding getting the other family to pay for a replacement.

I would really appreciate your help - my son saved up for this jacket and I can not afford to replace it :(

Thanks x

Comments

  • Can the zip not be fixed?
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    I would ask the other child's parents to pay for a new zip. It's generally about 50p per inch.

    BTW, and I don't mean to be harsh, if it's your son's jacket that he bought with his own money, why do you have to replace it? How old is your son?
  • ses6jwg
    ses6jwg Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hmmm... I think pursuing the parents of the other boy would only cause more problems for your son in the long run. There is a chance he could be bullied and teased by his classmates and if the other boy is his friend then it could jepordise this.

    I would be chalking this up to experience, and either getting the coat repaired or just taking a common sense approach and not sending my son to school in an expensive piece of clothing!

    Boys do enjoy a bit of rough and tumble (we used to play bulldogs charge), and my coats were usually from Matalan or Peacocks, usually costing less than £30 and easily replaced if ripped etc.
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    Yes, but they weren't playing. This other child is responsible for the damage - he shouldn't have taken the coat and put it on.

    If one of my friends broke something of mine, I would expect them to offer to pay for a repair or replacement. I may not necessarily accept it, but that's a different issue.
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    You would need to show neglience anyway. If the jacket simply broke in his posession then that isnt neglient.

    If you think the taking of the jacket was illegal involve the police.

    Tbh this is the problem with modern society.
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I would pursue the other parents for a replacement or suitable repair of the item, if the other kid put it on without permission and then damaged it, in school or not that is criminal damage. Whilst £65 is only a small thing and something i am sure the school can handle as it happened on school grounds with their pupils in school hours, feel free to report it to the police for advice.

    He will more likely in my opinion get bullied more for not getting it sorted and paid for by the other kids parents.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • Thank you all for taking the time to reply. My son is 14yrs old. He has saved for a designer label - it was taken during a lesson and the teacher witnessed the damage. The offender is a bully and is constantly in trouble - my son has enough confidence to cope with any bullying that might ensue.
    With regards repairing it - you wouldn't be able to get the Superdry zip to match the others so I am not prepared to do that.
    I work at the school and have to support a pupil in this boy's lesson tomorrow - joy!
    Will see what the deputy head has to say about it tomorrow - I just wondered if I had any legal recourse (it's Scottish Law by the way!).

    Thanks everyone - have a good Xmas! x
  • kivsy
    kivsy Posts: 246 Forumite
    Without trying to sound harsh, I too have a 14 year old son who has saved for a £100 Henleys jacket. It is a lovely jacket and as such he is not allowed to wear it to school. He wears a plain coat to school and henleys when he goes out. Boys do break things at school, always has been that way and always will be.
    Mummy to 4 beautiful but expensive children ;)
  • pinkshoes
    pinkshoes Posts: 20,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ahhh, another Superdry zip problem...

    The problem with Superdry is that they incorporate lots of zips into their designs, but manufacture them with cheap rubbish zips that frequently break.

    Perhaps you could use this issue to teach your son that expensive doesn't necessarily mean quality?

    (or he could contact the head teacher and let them contact the parents...)
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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