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New guy with a problem

I was walking though WHSmiths with my wife about a month ago,
as I passed a shelf my shirt caught on a sharp edge resulting the shirt ripping and leaving a large hole.

I showed the shelf and my shirt to a member of staff, the manager was called and he was also shown, he took my details and i left.

I received an e-mail telling me the matter was in hand and to wait.

It is now 4 weeks later and I have received an e-mail asking for me to post the damaged shirt to them and headed letter from a store estimating the cost of a replacement.

The shirt is long gone why would I keep a torn shirt?

I have sent an e-mail back to them explained I no longer have the shirt and to consult their store manager at the time of the incident and to check their CCTV.

What should I do ?

I was upset at the damage to the shirt now im angry because of their response:mad:
«13

Comments

  • visidigi
    visidigi Posts: 6,625 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You're angry at them asking for the shirt if you wish to claim?

    Seems perfectly normal to me - in the same way if you crashed your car and wrote it off you wouldn't have it scrapped before the insurance settled?

    Sorry, but it seems perfectly reasonable to keep the shirt till the matter is settled.
  • Carl2727
    Carl2727 Posts: 5 Forumite
    visidigi wrote: »
    You're angry at them asking for the shirt if you wish to claim?

    Seems perfectly normal to me - in the same way if you crashed your car and wrote it off you wouldn't have it scrapped before the insurance settled?

    Sorry, but it seems perfectly reasonable to keep the shirt till the matter is settled.

    A shirt worth £30 a car worth ££££££££ :rotfl: ?

    If I had thought any evidence was needed i'd have kept it but after showing the manager and the in store CCTV I did'nt see the need.

    Surly they trust their manager and CCTV as evidence that the incident happened.
  • visidigi
    visidigi Posts: 6,625 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I guess it comes down to how obvious that the hole was caused by the shelf and that its not already there before you passed the shelf.

    If insurance is used to payout, then the damaged goods become the possession of the insurance company if they so choose.

    Value between car and shirt might be laughable to you, but the principle is the point of the comment.

    I'm sorry, but I'd be more angry at throwing the shirt away before they had resolved your complaint than at them asking for it in a reply.
  • Idiophreak
    Idiophreak Posts: 12,024 Forumite
    10,000 Posts Combo Breaker
    Carl2727 wrote: »
    If I had thought any evidence was needed i'd have kept it but after showing the manager and the in store CCTV I did'nt see the need.


    You think it's clear from the CCTV exactly what kind of shirt it is? I imagine, on a grainy black and white image, a tesco value shirt looks much the same as a fancy designer thing...I think it's quite reasonable that they want to see what kind of shirt it was before they pay for a replacement.

    Sorry, but I'm with visidigi on this...I think it's quite obvious that they might ask for the shirt at some point...
  • Carl2727
    Carl2727 Posts: 5 Forumite
    Ok so should I just give up and say sorry to them, is there nothing I can do ?
  • Idiophreak
    Idiophreak Posts: 12,024 Forumite
    10,000 Posts Combo Breaker
    Carl2727 wrote: »
    Ok so should I just give up and say sorry to them, is there nothing I can do ?

    Did the manager take a note of the brand/style of the shirt in question?

    If you can find a link to the same shirt on line, or similar, I'd say "this was the shirt in question, note it costs XXXX...sorry, but I've thrown the shirt away since the incident" and take it from there.

    Unfortunately, from their point of view, it seems very dodgy that you're trying to claim for a shirt that you've "thrown away"...So it may well be an uphill battle, but you might get somewhere if you're persistent enough...
  • maginot
    maginot Posts: 484 Forumite
    Part of the Furniture Combo Breaker
    Why would you keep the damaged shirt?

    Because you want it replaced. Simples!

    You don't go back to a store and state you want a refund on the product you bought, as it is faulty, without returning the product.
    They are replacing the product for you and therefore purchasing the damaged product.

    They are being more than fair offering to replace your shirt for new and just want confirmation of value, if you are in dispute with someone, always keep the disputed item. You can get shirts for £2 from Primark and I can't tell the difference between that and a £30 shirt
  • Carl2727
    Carl2727 Posts: 5 Forumite
    Idiophreak wrote: »
    Did the manager take a note of the brand/style of the shirt in question?

    If you can find a link to the same shirt on line, or similar, I'd say "this was the shirt in question, note it costs XXXX...sorry, but I've thrown the shirt away since the incident" and take it from there.

    Unfortunately, from their point of view, it seems very dodgy that you're trying to claim for a shirt that you've "thrown away"...So it may well be an uphill battle, but you might get somewhere if you're persistent enough...

    I did tell the manager the brand of the shirt and explained £30 would cover it's replacement, Ive sent the e-mail telling them the shirt has gone and that I will take the matter further, fingers crossed they sort it out, thanks for both your help :beer:
  • Forwandert
    Forwandert Posts: 1,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Carl2727 wrote: »
    I did tell the manager the brand of the shirt and explained £30 would cover it's replacement, Ive sent the e-mail telling them the shirt has gone and that I will take the matter further, fingers crossed they sort it out, thanks for both your help :beer:

    I would have played it a little nicer than threatening to take something further when you would struggle without the shirt.
  • Without proof what do you think you could do to take it further? Did you even take a photo of the damaged shirt? Without any proof that anything took place, the value of the shirt etc then what do you really think you will get?
    Thinking critically since 1996....
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