Jo malones new company jo loves refuse to accpet damage!! Please help

Lucie_whyte

overview, I bought a £75 candle from jo loves a very well know company from jo Malone. it blew up and marked my carpet and table, they haven't offered me and replacement and are refusing to return the candle for unknown reasons.

In their terms and conditions it states that faulty good are collected and returned, this never happened in either situation.

ive included the emails that have been since march, and the solicitors letter they sent me this week, which is from quite a big law firm and that is quite threatening. im so surprised.

I don't have loads of money, and cant really be spending thousands on solicitors, (plus have never been needed one) but I just think this is unfair.

ive cut out all the kind regards good morning bits to make it less boring to read.

I appreciate it if anyone does have any advice, as im not sure which way to start.

Your candle has just cracked spontaneously and a flame has marked my laminate table!
The glass consistency doesn't look thick enough to withstand the heat!
I'm now hoovering up glass and have taken photos to show you what happened.
My poor table was very expensive!! I'm not impressed.
The candle now has a massive whole in the glass.
Bad day for me, candles, tables and Jo loves.
Thank you for your email and for bringing this to our attention.Firstly let me offer our sincerest apologies regarding your candle.
The glass used for our candles is of the highest quality and widely used. This obviously should not have happened and is the first incident we have had reported.
Please could you urgently send me through the photographs so we can see the damage and we can investigate the matter with our manufacturer.
Many thanks and we look forward to hearing from you.
With kindest regards,
Michelle
I recently posted you the candle that I had previously reported to you had marked my beautiful table by exploding, which could have been more serious had I not been in the room.
I have retuned the candle to you, so you can see, yet have heard nothing from you. If you are using different glass that cannot tolerate heat I thought you would want to know in case you potentially burn a house down or main a child. (Both of which could have happened).
My table is ruined and now has a strategic coaster forever more, my carpet has a burn mark, and I'm very Suprised not to have heard back from you.
Any explanation why the silence?
Thank you for your message and for returning the candle to us.
The candle is currently being assessed by our candle manufacturer. We are now awaiting one final piece of feedback, upon which we will be in touch
It's been two working weeks since I last heard of any progress regarding the faulty candle.
no email just pictures scan in pictures of the cert etc which i dont believe.
INSERT CERT FROM FRANCE AND PICTURE OF CANDLE but shows damage so not good enough, so i disbelieve and want to send it for testing myself
Obviously this is !!!!!!!!.
Why would I pay £8 to post a 75% unused candle back to somebody?
Michelle,
Please return the candle in full to me so I can obtain my own report as I assure you as a former dedicated customer, with my whole house covered in candles, my bathroom crammed with your products, that I wouldnt have gone to this trouble had it not damaged my table and potentially maimed children children and burned down my house.
Obviously we are not familiar with each other, but got somebody as busy as me to take the time and at my own expense to post a half used candle to you, would be of absolutely no benefit to my life.
I can assure you I have house insurance, and plenty of candles that it would be a very curious thing for he to do.
The candle arrived in pieces as it had combusted. If you had read the email you might have been aware of that.
Every single shard has been delivered to you;
So naturally I will want everything back. Please in the original envelope.
I'm unsure as to why when stated in my first email that the candle was broken from the top that you would query why it was in a Jiffy bag? The contents alone are sufficient.
Again as it was in my house I have all the evidence I need.
The benefit of knowing the truth and being there at the time means I know full well that this matter is worth pursuing; due to the fact you have insulted my intergrity, I will take this very seriously.
An indication of your diligence in all matters is clear to be mininal; due to the the fact I have had to ask you twice to follow up; which like a child you need reminding, and further more it took to me taking time to have to call you to get a progress update, which magically appeared the day after which suggests from your 3pm finish yesterday that you aren't exactly the most dedicated person for a company.
This suprised me as I have never had to deal with you before, it has been shockingly bad.
Michelle;
Two little jobs for you;
1.return the candle
2.reply to your emails. IT'S YOUR JOB!!!
THIS IF FROM HER HUSBAND AND OWNER
I’ve been following your complaint over recent months and would like the opportunity to speak with you on the phone.
Do you a number with which I can call you?
Probably best to keep everything written, so as to both keep records.Kind regards,
I’m happy to continue by email but was conscious that the exchange was becoming a little emotive. I’d like us to reach a sensible solution without it becoming protracted.As you know we can only assess the issue based on the evidence provided. This we’ve done thoroughly and there appears to be no fault with the candle in its manufacture.
I’ve noted that you’ve asked for the candle to be returned, and this we are pleased to do. I’ll arrange for it to go out tomorrow .If at any time a phone conversation would expedite things please let me know.
Hi,No problem.
Please return the candle.
Then we will discuss further
I’ve been examining the broken candle this morning and unfortunately feel very unhappy about posting it back to you.
Since this I’ve learnt that upon receipt of your candle one of my colleagues almost cut themselves. As you’ll see from the attached photo of your jiffy bag there are many areas where the broken glass has punctured the bag thus exposing ourselves , the Royal Mail, and not least yourself and the children, to the inherent hazards.
It would be wholly irresponsible to send it back to you, however you are more than welcome to arrange for the candle’s collection.
We’ve carried out a very thorough examination of the evidence currently at hand, and as previously stated there appears to be no fault with the candle. However I’m reminded that you mentioned in your very first email (21st May, 2013) that you had photos. These have never been received. Can you forward them on to us?
Such further evidence may help us understand more fully the circumstances surrounding what happened to the candle.
Look forward to hearing from you shortly.t
I assume if the candle was sent for testing it was returned to you in secure bag, so please return the candle and the packaging. In full. I will need all the contents for testing, just as have to you.If Royal Mail had considered the product incorrectly packaged, or if it had been damaged in transit I have been assured by them that additional support would have been given.
It seems unusual that this is the first mention of such events, despite the fact you have had plenty of opportunity during the times Michelle was busy ignoring my emails to point out this fact.
Suggesting that Royal Mail have put your staff at risk now?
No excuses.
Return candle
By the way G++ almost cutting yourself is the same as almost winning the lottery.Point understood?
Thank you for your emails, although it's unfortunate that you've taken such a non-reconciliatory tone.
The jiffy bag and its contents were collected by hand by the manufacturer specifically as a result of the complaint, and then subsequently returned by hand.
'm confident that no Post Office presented with the jiffy bag in its current condition would allow it to go beyond the counter. The reason for not mentioning the condition earlier than yesterday was that we wanted to understand the facts rather than antagonise the situation. The very antagonism we were hoping to avoid has now sadly arisen.
The reason for my involvement in the matter is due to the fact that the tone of your correspondence has changed, going from civil and to now offensive.
I must reiterate that on all the evidence currently provided there appears to be no fault with the candle.
Unless you can provide further evidence as previously requested, such as the photos you mentioned, we will be unable to take your case forward.
Similarly, if the offensive tone of your correspondence were to continue, we would be unable to reply.
I cannot agree with you as I disagree with you.
This is not meant to offend you.
Despite being returned by hand I take it not to mean cradled in bare hands ( due to the fact you have stressed the danger element it would have been careless of you )
So it would have come in some kind of bag. So this given; return all of the contents and packaging to me.
I have the information provided by 'the' (sic) royal mail, when the package left my care, so I can assure you, that at the point of postage this was not the case.
I'm going to ask you one last time.
Please return the candle, and the packaging.
I don think that is too much to ask, I don't think there's anything left to say at this point either.
I'm not sure what reconciliation you would require from me?
I'm aware of how I feel; and you aren't adhering to lots of things, but that's a matter for a later conversation.
In the mean time; no Gary I won't be sending you any flowers or cupcakes.
There seems maybe to have been crossed wires in the fact that I do not need you to post as it appears in front of you, I would hope you have an envelope or access to funds to purchase an envelope suitable for posting.
Please return the candle and advise of tracking reference.
Dear 'Jo Loves',
I have called on Friday and left a message, emailed you to ask for a confirmation of your return of my property.
I have called today and left a message with Charlotte asking fir a confirmation of this, which has not been obtained.
Failure to do this will result in me taking legal action.
As it stands your refusal to do this, and your ignoring the matter will not make it go away.
On 15 Aug 2013, at 16:31, "Courtenay-Stamp, Jeremy (JCS)" <[EMAIL="jcs&#64;macfarlanes.com"]jcs@macfarlanes.com[/EMAIL]> wrote:


We act on behalf of Jo Loves Limited ("JLL").

We have been instructed to write to you on behalf of JLL in relation to the email exchanges which have taken place between you and them regarding a scented candle product supplied by JLL to you and which you claim was defective. This correspondence has been passed to us in the light of the comment made in your email of 12th August timed at 18.45 in which you say you in tend to instruct lawyers.

As has been explained to you, the candle returned by you has been examined by a candle expert who has confirmed that there is no evidence of the candle being faulty. Whilst, of course, it cannot be established how the glass container came to be broken, there is no evidence to suggest that it was a result of faulty glass or, indeed, a faulty candle. From a close examination, it would however appear that the glass broke at a time when the candle was not even alight and the most probable explanation is, therefore, that the candle suffered impact damage.

The candle was returned to our client for inspection but without any obligation on the part of our client to return it to you. As has been explained, JLL is simply not prepared to place broken glass in the postal system for very obvious reasons. In any event, having reviewed the various email exchanges, we believe that the better view is that title in the candle actually passed to our client on receipt and that you are therefore not entitled to its return at all. We are however instructed to say that our client is prepared to allow you to collect the candle in person or by someone (including a courier company engaged by you) authorised by you to effect such collection.

Given the tone of your email communications, JLL is naturally concerned as to the bona fides of your motive and we must therefore ask you and any lawyers you choose to instruct to ensure that all future correspondence relating to this matter is addressed to this firm and not to JLL.

Yours faithfully

Jo Loves offices are unfortunately not open on a Saturday, so we would suggest that you come to Macfarlanes offices on Monday to collect the candle in question.
Jeremy
Jeremy Courtenay-Stamp
Partner
Macfarlanes LLP
Good afternoon,As requested all correspondence will be to yourself in future.
As its Friday and I have requested that you seek acceptance that the candle can be collected tomorrow, I have heard nothing back so this is just a quick chaser.

Jo Loves offices are unfortunately not open on a Saturday, so we would suggest that you come to Macfarlanes offices on Monday to collect the candle in question
Good afternoon,
I will have my boyfriend collect it on Monday afternoon.
I find it interesting it can find itself to your offices, but couldn't possibly find itself to a post office.
Surely this item of great danger will maim you?

SO JUST TO BE SURE, THEY SOLD ME FAULTY PRODUCT, THEN ARE REFUSING TO DO ANYTHING ONCE I RETURNED IT.

I KNOW ITS FAULTY, THERE MUST BE A REASON WHY THEY HAVE BEHAVED THIS WAY. IS IT TO TO A POTENTIAL PRODUCT RECALL? BECAUSE IF IT IS I WANT THAT CANDLE TO SEND TO TRADING STANDARDS.

IT ALL SOUNDS VERY STRANGE??!?!

macman

What exactly is 'unfair'? Since you have threatened to take 'legal action' yourself, they have rejected your claim and passed it to their lawyers, as they are entitled to do. If you want to pursue the claim then you'll need to correspond direct with them-you don't need to engage a solicitor yourself unless you want to.
I can't see anything 'threatening' in their letter, whereas your emails contain a great deal of irrelevant personal comment that can only have antagonised them.
If you want to pursue this then you'll need to either instruct your own solicitor or raise your own claim in the civil courts. It's your case to prove, not theirs to defend.

Seakay

I don't have any experience of this sort of legal battle, but suggest that the consumer rights forum might be able to help you more:

http://forums.moneysavingexpert.com/forumdisplay.php?s=&daysprune=&f=173

daisiegg

This is in the wrong place, hopefully someone can move it and you can get more help.

want_to_save

sorry cant believe you bought a £75 candle!!! and then say in your post you dont have alot of money. Are you for real!!

Upsidedown_Bear

Who wouldn't want to spend £75 to "evoke memories of summer evenings in Thailand and cosy nights at home curled up on the sofa"?

http://www.joloves.com/candles/lemongrass-amber-tiare-flower/

ditsykitchen

Upsidedown_Bear wrote: »

Who wouldn't want to spend £75 to "evoke memories of summer evenings in Thailand and cosy nights at home curled up on the sofa"?

http://www.joloves.com/candles/lemongrass-amber-tiare-flower/

How can it smell like amber? Isn't amber a stone?? :rotfl:

Lucie_whyte

I'm sorry you think it's alot to spend on a candle but it was a treat from my boyfriend as we don't get to go out much and like staying in with nice candles. They are normally good quality and last about 6 months and make my ironing smell nice also.

Unfair I mean by unfair trading.

I will listen to all advice helpful and maybe not to what I want to hear, as some it may help.

With regards to threatening I'm unhappy that a man who is a member if the law society and written several books has decided to contact me.

He must have decided that this would scare me into letting this go.

A partner in a law firm must have better things to do than this.

As for you thinking my tone unprofessional, I am unprofessional! I am not at work when writing to them I am a disgruntled consumer

Lucie_whyte

No amber is the colour I think of when I think of cheap red leather jackets! Do they have a scent!
Is that one of the fragrances?

sonastin

I am sorry but I can't see anything unreasonable or threatening in the lawyer's letter. His tone is no more than matter of fact. The post office will not take kindly to packages of broken glass being sent through post. I can't blame the company for engaging a lawyer after you threatened legal action.

I am not sure why you are insistent upon having a faulty product returned. Wouldn't you be better pushing for a refund of what you paid for it?

Law firms often offer a free initial consultation where they can advise whether you have a case to pursue and what it would cost you to pursue it. I suggest you see if you can find a firm in your local area who will do that for you.

want_to_save

i understand the you were writing as a disgruntle consumer, however you catch more flies with honey than with vinegar, if you are polite in your complaining you are more likely to get the result you require.