Refund denied because of missing sales tags

JimmyTheWig

cubehopper wrote: »

Hollydays, the jacket on display wasn't my size so the assistant brought one out from the back. I vaguely remember there being no tags on it at the time and I didn't question it because I thought it was fresh from the factory yet to be tagged. I think she scanned the larger jacket at the till (and put it back on the hanger as I was leaving) and I don't remember her cutting any tags off my jacket. As I mentioned earlier, I informally agreed with her that I'd bring the jacket back for a full refund within the 14 day window if I was unhappy with it.

Ok, in which case I suggest you ask to meet with the manager and the sales assistant.
Give them the benefit of the doubt, for now. Maybe she is remembering someone else who asked her to cut the tags out of a jacket. The manager might not even have asked the right sales assistant.
With the manager there (you don't want to be accused of intimidation) go through the story with the sales assistant. See how much of what you both remember ties up. Then hopefully she'll realise that it wasn't you who said about removing the tags. Hopefully she'll remember that she had to scan the other jacket to get the price and so remember that the jacket you bought didn't have tags on.
Or she might be lying, either to cover up an earlier mistake on her part or to protect the store. In which case you're no better off.
(Or, when discussing it with her you might remember that she is the one who is right.)

Mankysteve

JimmyTheWig wrote: »

I'd be tempted to take it to small claims court.
It's your word and your friend's word against the shop assistant.!

Jacket without tags is unsellable it would be clear that it been used. If you take them to small claims you will most certantly lose

Ladybirds

cubehopper wrote: »

I bought a £500 jacket the other day which I wasn't sure about on the understanding that I would be able to get a refund if I changed my mind within 14 days. I was ready to walk away but the sales assistant convinced me to try it on at home.

After 2 days I decided I didn't want it and took it back only to be denied a refund by the manager because the price tags were missing. I was certain there were no price tags on the jacket because I didn't remember seeing any and the person that served me got my size jacket from the back.

The day after I got a phone call from the store and the sales assistant said she remembered me and was adamant that I told her to cut the tags off because I "wanted to wear the jacket out that evening" which is a blatant lie. My friend was there with me and is as shocked as I am to hear this.

What are my rights? I paid by credit card, can I get the card company to pursue this on my behalf as the store is not cooperating.

You are within your rights to get your money back as long as you returned it within the period of returns. Contact your trading standards and they will be able to advise you. Regardless of price tags, if you have the receipt then that is all you need. Go back to the store and get the name of the person who refused you, get their head office address also. Take a letter with your address detailing that this person is refusing to refund your money which is affecting your statituary rights and ask them to write why they are refusing.

Put a paragraph under this with, in the event of the sales person refusing to give a reason on this letter this is their signature for refusal if they refuse to sign that then put the time and date on the letter and send it to the head office and copy to trading standards.

Contact your credit card company and also ask where you stand. raise a dispute with the shop via your card company. No shop wants chargeback charges on them especially for the amount you have invested.
Is there any literature in the shop for customers to see regarding returns of items?

hollydays

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spadoosh

cubehopper wrote: »

Hollydays, the jacket on display wasn't my size so the assistant brought one out from the back. I vaguely remember there being no tags on it at the time and I didn't question it because I thought it was fresh from the factory yet to be tagged. I think she scanned the larger jacket at the till (and put it back on the hanger as I was leaving) and I don't remember her cutting any tags off my jacket. As I mentioned earlier, I informally agreed with her that I'd bring the jacket back for a full refund within the 14 day window if I was unhappy with it.

If this is the case, they should have on your reciept the original barcode for the item (larger jacket) and seen as you have a different size they normally have a different code for stock management. this could be your case, i would ask them to look into this as evidence that the jacket didnt have tags in the first place.

Mankysteve

Ladybirds wrote: »

You are within your rights to get your money back as long as you returned it within the period of returns. .

No you don't there's no right to return non faulty goods.

Pollycat

Ladybirds wrote: »

You are within your rights to get your money back as long as you returned it within the period of returns. Contact your trading standards and they will be able to advise you. Regardless of price tags, if you have the receipt then that is all you need. Go back to the store and get the name of the person who refused you, get their head office address also. Take a letter with your address detailing that this person is refusing to refund your money which is affecting your statituary rights and ask them to write why they are refusing.

Put a paragraph under this with, in the event of the sales person refusing to give a reason on this letter this is their signature for refusal if they refuse to sign that then put the time and date on the letter and send it to the head office and copy to trading standards.

Contact your credit card company and also ask where you stand. raise a dispute with the shop via your card company. No shop wants chargeback charges on them especially for the amount you have invested.
Is there any literature in the shop for customers to see regarding returns of items?

:eek::eek::eek::eek:

pulliptears

I think Ladybirds has been sniffing too much pollen...

JimmyTheWig

Ladybirds wrote: »

You are within your rights to get your money back as long as you returned it within the period of returns.

Mankysteve wrote: »

No you don't there's no right to return non faulty goods.

There's no legal right, but the shops policy (which surely formed part of the terms and conditions of the sale) went above the legal minimum. Presumably they have to stick to these.

The problem, as has been noted, is the lack of tags. This is taken as an indication that the item has been worn and is not in its original condition.
The OP needs to gather evidence to support his case that the tags weren't on the item when sold.


OP: A word of advice for the future...
Don't buy something that you may well want to take back, if it doesn't have tags on.

dan_l

Mankysteve wrote: »

No you don't there's no right to return non faulty goods.

Wrong, if a company have a returns policy that states they accept returns that are non faulty (which sounds like the case here) then in this situation you do have a right to return a non-faulty item.