Horrible shopkeeper

kfmcasting

Hi,
First time on here.
I bought a school dress for my Daughter last week, i had to wait for it and when it arrived they called me. I collected it from the shop and a couple of days later she wore it to school. I didn't see what it looked like until she went to put it on a couple of days later ( she is 6 and gets herself dressed). It was supposed to be a 30 the next size up to the one she had been wearing and it was fine length wise but the rest was really tight, much tighter than the 28 which is her previous size. She had put her name in the lable as required and it had been washed as she had worn it once. The dress obviously was not a 30 as labled so i took it back to the shop this morning. I had to wait for the owner as her nervous emplyees informed me that i would not get a refund because it had been worn. When she arrived she dismissed me immediately stating the Sale of Goods act 1979, that is all she kept saying and that she would not be able to resell the dress. I explained that the item was faulty therefore she was obligated to exchange the dress for one which i had paid for. She told me the dress was not faulty as my Daughter had managed to wear it but i could buy another one if i wanted to. This is the only uniform shop that stocks her school so i will be forced to go there for the next 4 years. One of her nervous assistants had measured the dress and it was absolutley the wrong size, the fault obviously lies with the Manufacturer but she refused to do anything about it. I called Trading standards and they said write a recorded letter to her, i will do that first thing but she is more than a little arrogant and i know will not do anything about this. I also went to the school hoping that then can do something. Other than this is there anything anyone could reccomend as i know it is only a £25.00 dress but this is so unjust i am really annoyed and stressed, sorry for the rant.
Kirsty:mad:

bod1467

If the dress is tight but otherwise correct then it is not faulty. However it may be possible to argue that it was Sold Not As Described (SNAD).

If the shopkeeper is so keen on the SOGA, then you can be equally helpful.

wealdroam

Have I got this right?

Your daughter wore the dress once.

When she wore it the second time, after it having been washed, it was too tight.

Was it too tight the first time she wore it?

Was it perhaps the way it had been washed that made it too tight the second time?

If you want to take it back because it is the wrong size, then you really should've done that before washing it and writing on the label.

kfmcasting

Hi, the dress when measured was totally wrong not even a 28 but being sold as a 30. i think that makes it faulty and not fit for use as i was buying what i thought was a size 30.

Kirsty

kfmcasting

She wore it once and it was tight, then went to wear it for the second time and i knew it wasn't right so i measured it against the size she had been wearing and it was smaller than the supposed smaller size. It was nothing to do with the washing and we have to write in the lable before she wears it to school. There is a fault in the labeling of this dress it was sold as the wrong size
Kirsty

wealdroam

kfmcasting wrote: »

She wore it once and it was tight, then went to wear it for the second time and i knew it wasn't right so i measured it against the size she had been wearing and it was smaller than the supposed smaller size. It was nothing to do with the washing and we have to write in the lable before she wears it to school. There is a fault in the labeling of this dress it was sold as the wrong size
Kirsty

But please agree that it would've been a good idea to try the thing for size before washing it, and before writing on it.
And if the wrong size it could've been exchanged without any problem.
Were there no trying on facilities in the shop?

Can you not see that it is now not possible for the shop to know what size it was when it was sold?
That doesn't really matter though, because up until six months after the sale any fault can be assumed inherent. It is for the retailer to prove otherwise.

Read about your rights in MSE's Consumer Rights article.

You have washed it. After the wash, it is too small.
That's all I'm saying.

blue_monkey_2

Did you take the size 28 with you to prove that the 30 was smaller? I'd ring consumer direct and get the facts to quote at her and take the dress back. You could also print out the SOGA and take that with you - highlight the relevant bits to make a point.

Also, if the dress is faulty then she just returns it to her manufacturer.

If it is not fit for purpose then yes, even if you have written in the label they should be refunding you.

Is there absolutely nowhere else you can buy her clothing from online?

'Only £25' crikey, that is a lot of money for a school dress.

The OP did not say she had washed it, some kids wear their uniform for 2 days in a row (unlike my messy kids!!). At £25 I can imagine there would not be many dresses to have. And if it had been washed to manufacturers instructions and it had shrunk then yes, it would still be classed as faulty and a refund would be due.

Besides, if the lady has size 28 dresses and has been washing those weekly for the last 6 months without problem, don't you think the next size up, in the same wash, would wash the same way without shrinking.

wealdroam

blue_monkey wrote: »

The OP did not say she had washed it...

I beg your pardon.
We were told...

kfmcasting wrote: »

She had put her name in the lable as required and it had been washed as she had worn it once.

unholyangel

blue_monkey wrote: »

Did you take the size 28 with you to prove that the 30 was smaller? I'd ring consumer direct and get the facts to quote at her and take the dress back. You could also print out the SOGA and take that with you - highlight the relevant bits to make a point.

Also, if the dress is faulty then she just returns it to her manufacturer.

If it is not fit for purpose then yes, even if you have written in the label they should be refunding you.

Is there absolutely nowhere else you can buy her clothing from online?

'Only £25' crikey, that is a lot of money for a school dress.

The OP did not say she had washed it, some kids wear their uniform for 2 days in a row (unlike my messy kids!!). At £25 I can imagine there would not be many dresses to have. And if it had been washed to manufacturers instructions and it had shrunk then yes, it would still be classed as faulty and a refund would be due.

Besides, if the lady has size 28 dresses and has been washing those weekly for the last 6 months without problem, don't you think the next size up, in the same wash, would wash the same way without shrinking.

Depends. I'm not the same size for every bit of clothing i buy. I have to try it on to see if it fits. Even from the same shop my size can vary.

Plus theres also the possiblity that the old dress was made of a more giving material and has loosened a bit over time. Not saying that is whats happened, just that its possible.

OP, have you spoken to other parents? Have they had the same problem? If so, your "argument" would hold more sway if you banded together to collectively complain.

misssarahleigh

isn't there something which kicked off about the fact schools had one supplier?

I assume decisions will be affected by the fact the OP has to shop there for the next 4 years. I'm sure they stopped the school uniform monopoly didn't they?

fluffnutter

misssarahleigh wrote: »

isn't there something which kicked off about the fact schools had one supplier?

I assume decisions will be affected by the fact the OP has to shop there for the next 4 years. I'm sure they stopped the school uniform monopoly didn't they?

It was certainly deemed unfair from a consumer perspective and schools are advised to offer more than one supplier. It's not law though, and plenty of them continue to deal with just the one.