Avon - consequential losses

fairycakequeen83

I bought a bag in june of last year. It broke after 1 use, the clasp came off. I told my avon rep, and she replaced it for me.
The same thing happened again, but this time I lost all the items from my bag, as i hadnt noticed right away.
I told my rep, and she refunded my money. she agreed it was poorly made, and said she would take it up with her manager. nothing happened.
I wrote to avon, who claimed that the bag had undergone many tests before going out on the market and they did not feel there was an issue, despite 2 bags having broken in the same way.
I pushed again, claiming that i wanted proof that the bag had undergone tests and i received a letter stating this had taken place, but no paperwork from the testers.
I wrote to them asking to see the proof of the testing ( by this time it had been passed to the legal dept) and they sent a ream of paperwork.
All the paperwork pertained to tests which had taken place BEFORE my complaint, 2 of which were tests following similar complaints - after one of the letters had stated that they had received no other complaints of this type.
The paperwork also stated tolerance levels for faults, and I pointed out that if they had agreed tolerance levels for faults, then they should accept that some of those products will reach customers. I also asked for the proof that they had carried out testing AFTER my complaint, but was referred back to a previous letter and told they would not enter into any more correspondance.
They offered ( in december ) £50 as settlement, but with no admission of fault, and have said that this is the end of the matter.

I think they cannot provide me with proof of testing within 6 months of my complaint because it hasnt happened. My losses are over £300 due to cash, phone and make up as well as car keys being lost from the bag.

I have sought help from consumer rights, who have referred the issue to trading standards, but I have not heard from them yet.
I am willing to take them to court, but what are my chances against such a large company? and how hard is it to claim?

Sorry if i haven't been clear at all - i do worry that i wont be able to put it across properly in a court case

I'd appreciate some advice!

fluffnutter

I think you've put it all very clearly here, so I wouldn't worry too much about not being understood.

I think you've exhausted every avenue with Avon themselves, and would agree that court is your only option now. I don't know what your chances against such a large company would be, but I do know that you can limit your potential exposure to court costs etc. by going through the small claims court.

This would be the best option; it's relatively cheap and straightforward. I certainly wouldn't get legal advice for a £300 claim; any money you do win (if you do) will be swallowed up by fees.

Why not google small claims court and see how you feel about it? Only you can decide if the hassle and possibility of losing is worth more than the £50 they've offered.

wealdroam

Have you any proof that you lost those things due to the faulty bag?

Probably not, but if you have already reported the loss, to the police for example, that would be useful evidence in your favour... should you decide on court action.

Here is a link to the Money Claim Online website.

Your first action should be to send a letter before action.
This is actually part of the formal process, so best not to overlook it.
Google will show up many sample LBAs.

meer53

Why haven't you claimed on your contents insurance ?

McKneff

meer53 wrote: »

Why haven't you claimed on your contents insurance ?

Exactly what I was going to say, it seems the easiest way.

arcon5

How exactly did you loose all the items in your bag ?

somethingcorporate

You may find that given the size of the company they are less likely to turn up to defend and you may win by default or they may just pay you the £300 to go away. For a large company to defend a tiny claim such as this wouldn't make financial sense.

bod1467

^^^ Exactly my thoughts.

arcon5

I still don't understand how op has a claim. The clasp broke, why on earth op didn't spot everything falling out is beyond me.. maybe one or two small items, but everything? Really? I would hardly go on to say the loss is a consequential loss making Avon liable.

Especially in this day and age when people make a living out of pick pocketing.

McKneff

How do you know exactly how the items went out of your bag,
they could have been stolen before you missed them.

If you had all these things in your bag how did you not spot the differnce in weight hanging on your arm. I dont carry a lot in my bag but i can tell whether even my purse is in there or not as soon as I pick it up to be honest.

fairycakequeen83

Hi,
i didnt notice the bag had broken and the items all gone as the bag was on a long chain slung across my body. the bag span as the shape was oval and as i was dancing with friends i simply didnt notice.
My first thought was that i had been robbed, but i then saw that the clasp had broken in the same way and so it was clear that this was not the case.

i cant claim on my contents insurance because i dont have any - and although this would be a whole lot simpler, it isnt the point - the bag was faulty, and i believe that as Avon supplied it, they should be liable for the losses that occured as a redult of it.

if i had purchased a car, which had a faulty handbrake and it rolled into my house, i wouldn't expect for the car people to just give me my money back on the car, or just fix the car, i would expect them to cover the damages to my house too - i certainly wouldn't expect to have to claim on my home insurance - this would affect my premiums for years to come!

I am waiting for trading standards to contact me - but i think i will take this further.
I'm just worried about the paperwork.