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Wedding Dress Dilema
Comments
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Latest Update
Sent her a final letter before court action and received a response today.
apparently she has spoken with trading standards and they have told her that she is to give us 14 days to collect the replacement or she can resell it to someone else.
this sounds like a load of rubbish? How can she re sell a product which is in dispute? Surely this has to be an empty threat?Current Debts
Credit Card 1 - £495 Credit Card 2 - £1800 Overdraft 1 - £900 Overdraft 2 - £1200 Overdraft 3 - £350
TOTAL - £4745
Current Weightloss
Starting Weight 15 Stone 9 / Current Weight 12 Stone 100 -
Because under consumer law, they have been fair and offered you a new dress. If you took them to court, your only defence would be that their attitude sucked, which I doubt would win.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
But thats not the case.
It was returned with in half an hour and we wanted a refund, its now been 2 months, course she has a replacement now.Current Debts
Credit Card 1 - £495 Credit Card 2 - £1800 Overdraft 1 - £900 Overdraft 2 - £1200 Overdraft 3 - £350
TOTAL - £4745
Current Weightloss
Starting Weight 15 Stone 9 / Current Weight 12 Stone 100 -
Because under consumer law, they have been fair and offered you a new dress. If you took them to court, your only defence would be that their attitude sucked, which I doubt would win.
Also under consumer law op can reject goods that don't confirm to contract for a full refund within a reasonable time frame.
Next step op is to actually file your claim at moneyclaim.gov0 -
I was in the middle of it however I was told I had to send a "letter before court action" stating that should I not receive a refund within 7 days I would go to court. that was received 6 days ago.
So thats my next stepCurrent Debts
Credit Card 1 - £495 Credit Card 2 - £1800 Overdraft 1 - £900 Overdraft 2 - £1200 Overdraft 3 - £350
TOTAL - £4745
Current Weightloss
Starting Weight 15 Stone 9 / Current Weight 12 Stone 100 -
Oh right... So what's happening with the claim?0
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Submitting this weekCurrent Debts
Credit Card 1 - £495 Credit Card 2 - £1800 Overdraft 1 - £900 Overdraft 2 - £1200 Overdraft 3 - £350
TOTAL - £4745
Current Weightloss
Starting Weight 15 Stone 9 / Current Weight 12 Stone 100 -
OP, I wish you luck, but I fear this will come down to how a court sees your contract with the shop.
You bought a wedding dress, which was faulty, that you quite rightfully rejected. This was done on the 19th September.
Although the shop initially disagreed, they have since changed their mind, and on the 8th October (just over 4 weeks later) they now have an identical NEW dress ready for you to collect.
Under the SOGA (if the contract is for just a dress), they have rectified the issue and provided a new dress within a suitable time frame.
If you take this to court, you will have to prove that the contract was for a dress AND an after service, and due to the rudeness of the shop, you no longer feel happy about having an after-service with them, should the dress need altering.
Have you even been back to the shop to check the dress is suitable?
By all means take them to court, which I do recommend MANY people to do, but in your case, I'd just be VERY careful what you're asking for, as in the court's eyes, then you have already been provided with an identical dress which is what you paid for in the first place.
Don't let this cause more stress than it's worth. If I were you, I'd examine the dress, and if it's as you wanted, then take it, leave the shop a bad review on line, then move on and enjoy your wedding.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
If you take this to court, you will have to prove that the contract was for a dress AND an after service, and due to the rudeness of the shop, you no longer feel happy about having an after-service with them, should the dress need altering.
I disagree. The OP will have to prove that the dress was faulty, and rejected within a reasonable time. Which was 30 minutes in this case.One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.0
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