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Section 75 claim letter assistance needed.

I paid a tailor to alter 2 jackets. He did the jobs so badly, and failed to follow my instructions about what I wanted done, that both jackets cannot be corrected, even by another skilled tailor. Thus not only do I want the cost of the alterations refunded, I also want compensation for two ruined jackets.

The following paragraph appears in Martins section 75 claim template.

"In addition to the cost of the item, I would also like to claim the additional amount of [enter amount] for the consequential losses I have incurred as a result of the suppliers breach. These costs are as follows: B]enter details of additional costs[/B][/COLOR], [COLOR=red]for example cost of delivery if you have had to post a faulty good back to the supplier[/COLOR][COLOR=blue bringing my total claim to B]enter amount of item plus extra cost[/B."

My question is, can I use this paragraph of the section 75 claim letter, to claim compensation for the effective loss of my jackets?

Thanks in advance.
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Comments

  • dalesrider
    dalesrider Posts: 3,447 Forumite
    Silly question but what was the cost of the alterations?
    Never ASSUME anything its makes a
    >>> A55 of U & ME <<<
  • slpj
    slpj Posts: 98 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    dalesrider wrote: »
    Silly question but what was the cost of the alterations?

    Don't laugh, 400 quid. Two leather jackets.
  • Typhoon2000
    Typhoon2000 Posts: 1,175 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Does section 75 cover consequential loss?
    Does it even cover if the service does not meet your expectations? Would love to know too.
  • dalesrider
    dalesrider Posts: 3,447 Forumite
    Does section 75 cover consequential loss?

    Yes. But Op would have to prove loss and if it was felt it was a unfair claim. It would be rejected.

    eg flights back after airline going bust. you can purchase new tickets. But do not expect to claim back 1st class if you only had tourist...
    Does it even cover if the service does not meet your expectations? Would love to know too.

    OP is going to have to prove breech of contract or missrepresentation on the part of the retailer.
    Don't laugh, 400 quid. Two leather jackets.

    Well cost will depend on the amount of work done... So no laughing here.;)

    TBH. Do not bother with the template. Simply pick up the phone and talk to your card providers dispute department.
    Either way you will have to provide further info. So you might as well get hte ball rolling by talking to them.
    Never ASSUME anything its makes a
    >>> A55 of U & ME <<<
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    I don't quite understand why you would pay £400 for alterations to clothes to be honest.

    If your card issuer takes this on i'd be really surprised. If you can get someone to confirm that the alterations have not been done correctly you might have a chance. Is the other skilled tailor willing to back up in writing what you say ?
  • slpj
    slpj Posts: 98 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    "Either way you will have to provide further info. So you might as well get hte ball rolling by talking to them."
    Yup already spoken with Nationwide. Waste of time until I send them a formal section 75 letter. That's why I asked my question about the template and if I could also get compensation via Sec. 75.


    "I don't quite understand why you would pay £400 for alterations to clothes to be honest. "
    I don't understand why anyone ever goes to Blackpool, but hey ho.


    "Is the other skilled tailor willing to back up in writing what you say ?"
    Do I need a skilled tailor to prove that for example, on one of the jackets, one sleeve is now shorter than the other, or, on the other that the seams have been glued instead of stiched as originally, and have come unstuck? That's just a taster. Plenty of photographers.

    But to answer the question, I have no doubt that for payment, the other tailor would be willing to put his expert opinion in writing. --- which I understand/hope I can claim back for.

    If section 75 is no good, then I'll have to go via the small claims court. I'd never heard of Section 75 until I saw it here (MSE).

    From the description on the main site, it appears very powerful, but from the comments here, and in another thread on the subject, I'm beginning to wonder, if it's worth the paper the law was drafted on.
  • ILW
    ILW Posts: 18,333 Forumite
    Might have been better just to buy the right size in the first place.
  • oscar52
    oscar52 Posts: 2,272 Forumite
    ILW wrote: »
    Might have been better just to buy the right size in the first place.

    Might be better if you dont make assumptions....
    No Longer works for MBNA as of August 2010 - redundancy money will be nice though.

    Proud to be a Friend of Niddy.
    no idea what my nerdnumber is - i am now officially nerd 229, no idea on my debt free date
  • dalesrider
    dalesrider Posts: 3,447 Forumite
    slpj wrote: »
    Yup already spoken with Nationwide. Waste of time until I send them a formal section 75 letter. That's why I asked my question about the template and if I could also get compensation via Sec. 75.

    Well as far as we go if a customer calls to start a S75 claim. WE send a letter to them, which lists the transaction concerned. As well as asking them to return it with FULL details of their claim


    slpj wrote: »
    Do I need a skilled tailor to prove that for example, on one of the jackets, one sleeve is now shorter than the other, or, on the other that the seams have been glued instead of stiched as originally, and have come unstuck? That's just a taster. Plenty of photographers.

    But to answer the question, I have no doubt that for payment, the other tailor would be willing to put his expert opinion in writing. --- which I understand/hope I can claim back for.

    The better case you can provide, then the better chance you have of winning. And yes you can claim any fee back. (just don't tell them that...)
    slpj wrote: »
    If section 75 is no good, then I'll have to go via the small claims court. I'd never heard of Section 75 until I saw it here (MSE).

    From the description on the main site, it appears very powerful, but from the comments here, and in another thread on the subject, I'm beginning to wonder, if it's worth the paper the law was drafted on.

    Section 75 is a minefield to get a payout from. It is not just a simple... I want my money back... There is a lot of leg work required on your part.

    Something else. There is a possible chargeback here. So long as you have proof of what was discussed with the taylor.
    It would need to be in writing stating say.
    Arms reduced x cm, body taken in and stitching to match.

    If you have this and can again get proof of what work was done.
    It could possibly be a chargeback for faulty goods.
    Never ASSUME anything its makes a
    >>> A55 of U & ME <<<
  • slpj
    slpj Posts: 98 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    edited 23 November 2012 at 9:53PM
    Thanks Oscar52, saved me answering. :)

    Hi dalesrider,

    What do you mean by "possible chargeback here"

    Does that mean if I can't prove it to the satisfaction of Nationwide, they can charge me?

    Thanks.
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