Debenhams - when is an item faulty?

man_in_a_suitcase_2

Hello

I feel a bit bad about my first post here being a complaint, but I'm quite angry about this.

I bought a jacket from Debenhams, and within a few wears the fabric began separating at the seam (because the fabric was blue with white flecks, this has resulted in a white line appearing down the seam). I tried to return the item as faulty only to be told:
- you should have bought a bigger size
- this is what happens when you wear it
- the white line is "natural"
- we do not consider the item to be faulty because we have not been directed by head office that it is faulty.

So, I follow this up with a complaint to head office (after writing a brief summary of this on the Debenhams facebook page - and being told to email them with details). I noted that the jacket was subject to at least two clauses of the sale of goods act - that it isn't of merchantable quality, and that it is not fit for purpose (a jacket that cant be worn is fairly useless). Their response:
- it was a sale item therefore it cannot be returned (this, IMO, clearly flouts the sale of goods act)
- they do not see the item as faulty
- and they couldnt even get the name of the item right (they referred to it as a Jeff Banks jacket, it's actually a Rocha John Rocha jacket).

So my question to those of you much wiser and more experienced in this game... where next? Are there any avenues to follow? I'm considering a call to trading standards tomorrow...

bris

If they are adamant they will not do anything about it, then the small claims court is your only choice. Write a LBA giving them 7 days to comply with SOGA or you will take them to court. The threat is often enough to get them to play ball, the chances are they are hoping you will just go away.

Hintza

I would agree with bris. But the one question I would ask is; could it be too small?

man_in_a_suitcase_2

Debenhams have now offered a full refund, so success without having to resort to threats involving the small claims court... As Anne Robinson might say: "A result!"

applecharlotte

I had a very similar problem with a bikini. The elastic went on the tops and bottoms after 2 wears and when I took it back I was told that it should not go near water and its " just to look at". Swimwear that is just to look at!!!!