Leaking jacket

Sportycol

Thanks for all your help.

I have just heard back from the retailer, who in turn heard back from the Manufacturer -

"After intense testing, no leak can be found on the jacket, and the fabric did not fail"

Where do i stand now? Do i still have a right to Consequential Losses?

Again any help is greatly appreciated.

Many thanks

arcon5

You'd probably have to obtain your own independent report now to discredit the one commissioned for the retailer

Hintza

Sportycol wrote: »

Do i still have a right to Consequential Losses?

In there view there is nothing wrong with the fabric so no, unless you can prove there was a fault.

As I said before it could have been user error and any flaps were not in the correct position. It could also be that the pockets are not sealed and not expected to be waterproof. Or it could be as unholyangel suggests.

I am out a lot in all weathers and would only keep keys in internal pockets or pockets that will not fill up with water.

Sportycol

The jacket didnt leak through the pockets. It was snowing at the time, and with the drop in temp the fabric failed, and the water started to leak through the fabric above the pocket.

So as unholyangel says - not fit for purpose?

I know now not to carry my keys in on outside pocket.

maninthestreet

I don't see how a drop in temperature would cause water-resistant fabric to become porous. It seems the jacket has only been tested by the manufacturer AFTER you were refunded your money, which sounds a little strange.....

arcon5

It could be a chain whereby they will refund with little argument just to protect their reputation to a degree

Sportycol

It was a small independent retail shop that i purchased it from. After sending the jacket back and testing they refunded me, but when i mentioned about the Consequential Losses - the manufacturer sent the jacket to Gore-tex who has since tested the jacket and found no fault.

So can i still claim for losses or do i seak it through my own personal insurance?

Thanks again

arcon5

You can claim for anything, but whether you get it or not is a different matter.

The problem here is you are saying the damage was the result of a faulty product - they believe they have proved the contrary. So at the moment i'd say (subject to seeing this report) they have a stronger case. However, if you obtained a report saying otherwise it may well act in your favour.

Certainly send your letter of claim to them though (in writing) and see how they respond.

Fire_Fox

Sportycol wrote: »

The jacket didnt leak through the pockets. It was snowing at the time, and with the drop in temp the fabric failed, and the water started to leak through the fabric above the pocket.

So as unholyangel says - not fit for purpose?

I know now not to carry my keys in on outside pocket.

How do you know the drop in temperature meant the fabric failed? That sound like guesswork/ supposition and a tad unlikely for a Gore-tex product. Did you have your hands in your pocket or otherwise pressing on the fabric? Some waterproof/ water resistant products don't work as well if you press different layers together.