potentially naked bridesmaids at a wedding in two weeks - non delivery of dresses!

Saver_Karen

Hi all,

I'm wondering if anyone has any advice on what steps I should be taking at the moment in order to make sure I don't end up in the buff at my sister's wedding :eek::eek:

The story so far (I'm sorry, it's a bit long):

Dress order date: 18th June (although there had been email discussions prior to this).

The order was for two dresses and the seamstress is UK based. Prior to ordering the wedding date of 13th September had already been discussed and it was noted that the dresses were needed for that date.
The payment was also made by paypal.

19th June received email confirmation of the order with an estimated delivery time of 4-6 weeks. There was a query over one measurement on one of the dresses but this was resolved on the 27th June.

Then there was radio silence (which you'd expect... there's not a lot you need to know about when the dresses are being made).

I emailed on the 13th August (two weeks passed the 6 week mark) to ask about progress and when we could expect delivery and received a reply two days later that said "Hi Karen, I will get the dresses off to you by the end of next week."

Obviously the dresses did not materialise so I emailed again on the 29th August. I also found the company (I think it's a one man band actually but anyway) Facebook page and left a comment saying I was waiting on a reply to an email.

I still hadn't had a reply by the 31st August so I sent another email and this time I got a reply that said "Hi Karen, Sorry for not posting sooner I have been in hospital but am working hard on orders so will be posting either monday or tuesday".

Call me Little Miss Cynical but I wasn't entirely sure I believed that so I emailed a reply back within about 10 minutes that said that I understood the seamstress was fairly local to me (I think she's about 30 minutes away) and I could come and pick up the dresses on Tuesday evening if that would be convenient.

I heard nothing again so I emailed yesterday lunchtime reiterating that I would prefer at this stage to come and pick up the dresses. I then got this reply: "Hi Karen, Sorry your dresses are ready for dispatch now so will arrive Weds at the latest. I will give you the tracking number and they will be posted special delivery so they should arrive Thrus before 1pm."

I emailed back and said: "Hiya, Thank you for the update. Please can you let me have the tracking number as soon as possible tomorrow and I will make sure there is someone available at my sister's house to receive the package.As far as I know special delivery is next day delivery so it should probably arrive on Tuesday or Wednesday morning at the latest.If I don't hear from you tomorrow I'll assume you haven't had a chance to get to the post office and I will come over on Tuesday evening and collect the dresses."

I've heard nothing since.

So at this point I'm not sure what to do, my sister is going spare on the quiet and I don't blame her - at this rate me and the other bridesmaid are going to be starkers and quite frankly that's enough to frighten the horses!

I am all for rocking up at her house tomorrow evening and demanding the dresses. Either she has them and can hand them over and all is well with the world or she hasn't finished them and she's been lying and she'll have to look me in the eye and tell me that.

I'm also unsure as to what steps to take now, there are two things really I could do with some advice on:
1. How do I make sure I either get the dresses in the next day or so or the money back?

2. Do we order a couple of dresses from M&S or Monsoon or wherever to be the back-up dresses now and have the hassle of returning them if we don't need them?

3. I guess this leads on from the last point.. if we *do* end up having to buy other dresses can we claim anything back from this other woman?

Thanks in advance everyone, I'm trying to convince my sister it's all going to be OK but I am raging quietly on her behalf :mad:

[Deleted User]

Sorry not an expert in ordering made to measure products so I won't give you advice on that - hopefully someone with experience will be along quickly!

But personally I would buy the back up dresses (just in case) it will be much less stressful for your sister if you have a plan B in place. And if they're from somewhere in the high street (Monsoon, Debenhams,Coast etc) if you don't need them they can be returned, and if they are needed there will be less stress and tears trying to find a Plan B even a week or two in advance (that fits and suits) the night before. Maybe wait until the end of this week though?

wealdroam

Domino9 wrote: »

And if they're from somewhere in the high street (Monsoon, Debenhams,Coast etc) if you don't need them they can be returned, and if they are needed there will be less stress and tears trying to find a Plan B even a week or two in advance (that fits and suits) the night before.

OP, whilst this may be a good plan, please please please do check with the retailer at the time of purchase that you can return the dresses if unused.

Unless they are faulty, you have no statutory right to return goods bought in person in a shop.
Whilst many retailers do offer a good returns policy, check that the one you are considering buying from does offer this facility.

paddedjohn

Havnt read the thread only saw the naked bridesmaids bit, where did you say the wedding was?:D

browneyedbazzi

How were the dresses paid for? Was the fact that time is of the essence for the order put in writing to the seller?

If you paid by card and have proof that the seller knew time was of the essence for the order you will more than likely be able to get your money back if they don't turn up in time.

As for what I'd do - I'd buy back up dresses (from somewhere with a good returns policy so you can get a refund if the original dresses turn up )

Saver_Karen

To answer a couple of questions:

I paid by paypal and in my initial email to the lady I (thankfully) added the date of the wedding and asked for a time estimate of delivery at that point.

I think everyone is right about ordering the back-up dresses now (and making sure we'll be able to return them if necessary) I am just so disappointed this is happening.

My sister wanted to order dresses from China and I advised her against it and even offered to pay for the dresses if she supported a small business in the UK instead and I feel a right chump now and my sister won't end up with the look she wanted for her bridesmaids.

At what point do I start asking for money back? The wedding isn't until Friday week so we could conceivably get the dresses so I don't want to be antagonistic, at the same time though I am fed up with this poor customer service and communication.

warehouse

You have no choice OP. You need to make a visit today or tomorrow latest. Once you do that you'll know 100% whether you're being conned or not. Either way you'll have a path to follow rather than not knowing.

Good luck.

ThumbRemote

Saver_Karen wrote: »

I am all for rocking up at her house tomorrow evening and demanding the dresses. Either she has them and can hand them over and all is well with the world or she hasn't finished them and she's been lying and she'll have to look me in the eye and tell me that.

Do it. It's the only way you'll find out anything.

spacey2012

Your biggest mistake was paying up front for something you have not got yet.
A deposit for materials and cash on collection at the fitting is the best way.

Human nature is human nature and once someone has had your money, the incentive to do the work is gone.

I think and I am sorry for you, but you might be better making alternative arrangements as it does not look like you will see either the dresses or your money.
On what you can do about it, unless it was via a paypal auction, or for goods and services, very little other than a Letter before action and county court.

I would send her a warning that the products are now well overdue and the contract has not been fulfilled and if no products are delivered within two working days the contract shall be held as frustrated and you shall begin recovery procedures for the amount paid.

somethingcorporate

spacey2012 wrote: »

I would send her a warning that the products are now well overdue and the contract has not been fulfilled and if no products are delivered within two working days the contract shall be held as frustrated and you shall begin recovery procedures for the amount paid.

You need to be careful with your language. IIRC "frustrated" has a specific meaning when it comes to contracts, a frustrated contract is where no party is held to blame. Failure to supply the dresses is quite clearly a breach by the seamstress and she should be pursued for the money back and hopefully additional costs incurred due to their failure!

Quick google gave me this, a bit mickey mouse but a few examples of when a contract is genuinely frustrated (http://www.e-lawresources.co.uk/Frustrated-contracts.php) and the above situation it is certainly not the case.

tinkerbell28

If you paid by PayPal, that time is up. If you used a credit card through PayPal. The chances of you claiming off that are negligible. As it is a payment service.

So you need to check the address, even if it is for small claims purposes. As that will be the only option.