Shoes ruined in 4 weeks

jgallcash

I bought some shoes from Office on 31st January £100.

Having worn them 4 times in the last 4 weeks they have a couple of small white stains on both shoes near to the sole and the leather has cracked quite badly (sorry no photo).

I took them back to the shop and the lady told me that it was water damage and was likely to be caused by salt on the roads due to snow. She was reluctant to help really and after much argument (and my feeble attempt to explain a reasonable amount of time under SOGA) she offered to send them for inspection back to head office.

When I did mention that 4 weeks and wearing the shoes 4 times certainly wasn't a reasonable amount of time under SOGA she said that length of time did not matter, that I could have taken them home the same day and had the same damage and it would make no difference to her reply.

I really like the shoes and just want a replacement pair but think that head office might not have it. Am I being unreasonable? I haven't worn the shoes in the snow but there's no way that I could avoid walking in raining conditions the last few weeks.

Any advice?

neilmcl

You're not being unreasonable but they have every right to send them for an inspection.

missymugwump

Is it an independant or a multiple retailer ?

If it's a multiple you have a better chance of a good result
Stick to your guns

Are the shoes branded ?

jgallcash

Its a multiple retailer and the shoes are branded by an expensive london company called Poste shoes.

I'm very happy for them to be inspected and understand they have every right to do so, it's just that the way the manager was talking it seemed like a foregone conclusion that it was my fault.

Would there be grounds under SOGA for the amount of time they have lasted do you think?

RadoJo

I would have thought it depends on the style of shoe - a soft soled pump wouldn't be expected to last very long worn outside in wet conditions, whereas a hiking boot should. What style of shoe are they and what are they made of?

jgallcash

Wooden sole and leather upper. Even then, worn them 4 times!

missymugwump

Allow them to be inspected
If they come back saying they are not faulty
Open an online moneyclaim in the small claims court
Watch them cough up fast

Happened to my daughter in a shop trim fell off first time she washed top
She was 18 at the time they treated her like a criminal denied it was faulty
We filed online got a chq in 5 days !

Head office gets really annoyed at this sort of exposure

mippy

Poste, I believe, are owned by Office.

jgallcash

Update

They have returned them and attributed the damage to wear and tear (worn four times in four weeks).

I'm terribly unhappy about this. If I had been wreckless in any way I would happily take it on the chin but this is ridiculous.

- At the point of sale there was no guidance or offer to buy any protective product for the shoes.
- I have worn them 4 bloody times
- Lady was quite rude when I returned the product

Now that they have done this I shall be seeking a refund and will not accept an exchange as was my expectation first time round.

Any advice?
Should I go ahead with the money claim through small claims court?
Should I write to them warning that I will do this or just go ahead?
Should I seek expenses as well as the cost of shoes?

If it's of any use I could copy the letter into a post and attach photo's. Just let me know if that would help.

Kind regards

neilmcl

Just go ahead and start the small claims and I would just stick to the refund of the shoes.

smcaul

Yep just start small claims action, but write it in the 3rd person. i.e. "the claiment is claiming for 100 pounds for breach of the Sale of Goods Act as the shoes have been worn 4 times and are therefore not durable. The defendant claims that the damage is fair wear and tear for an item used 4 times" keep it simple and to the point, mention the SOGA and which part the defendant is being deficient in.

make sure you de-personalise it all, it will be much more to your benefit.