Could I claim for consequential loss?

goneshopping

I have a Pandora Bangle and whilst out and about this weekend I noticed the clasp had broken and the bracelet was undone.

Luckily I didn't lose the bracelet but I have lost the charm that was on it. The bracelet is only 4 months and I have a receipt with both of the items on as they were purchased together.

I've been to told to quote the sales of goods act as the bracelet wasn't fit for purpose, but i'm not sure if this covers the charm too? My argument is that if the bracelet was fit for purpose I wouldn't have lost the charm - but I also understand I can't prove I had the charm on the bracelet.

Any help really would be appreciated.

vaio

consequential costs can be reclaimed

bris

vaio wrote: »

consequential costs can be reclaimed

If you can prove them.

fluffnutter

I think it's fairly reasonable to expect that a pandora bracelet charm is worn on the pandora bracelet. Whilst 'proof' will indeed be difficult, a decent retailer would take your word for it. If you're able to demonstrate the clasp is broken (as opposed to not being done up properly) then I think you'll be able to claim for the charm.

Where did you buy it?

goneshopping

Quick Update: The store last night confirmed that there was a manufacturing fault with the bangle and they would exchange it but they wouldn't do anything with regards to the missing charm.

The assistant was quite rude and told me I should have insured the charm (it was £25 new) in case this happened! I told her this was ridiculous as I wouldn't have lost the charm if the bangle hadn't been faulty. I still have 8 months left on my warranty so I took the faulty bangle away with me as I will now look to contact Head Office. They only accept emails so it could be a long drawn out process!!

Am I right to think that even if they put that lost or stolen items are not covered by their warranty in their t's & c's, by supplying me with a faulty bangle they are breaching their contract of sale?

unholyangel

goneshopping wrote: »

Quick Update: The store last night confirmed that there was a manufacturing fault with the bangle and they would exchange it but they wouldn't do anything with regards to the missing charm.

The assistant was quite rude and told me I should have insured the charm (it was £25 new) in case this happened! I told her this was ridiculous as I wouldn't have lost the charm if the bangle hadn't been faulty. I still have 8 months left on my warranty so I took the faulty bangle away with me as I will now look to contact Head Office. They only accept emails so it could be a long drawn out process!!

Am I right to think that even if they put that lost or stolen items are not covered by their warranty in their t's & c's, by supplying me with a faulty bangle they are breaching their contract of sale?

Forget the warranty. Use sale of goods act. If the product becomes faulty in the first 6 months, its up to the retailer to prove its not inherently faulty.

You are entitled to any loss you have reasonably incurred due to the breach. The loss of your charm was due to the item not conforming to contact - thus a loss suffered due to their breach.

Put this in writing to them, keep it simple and to the point and give them 14 days to reply (title the letter "letter before action").

InsideInsurance

The warranty is irrelevant as your rights come from the Sales of Goods Act which cannot be undermined by terms of a warranty. Did you lose all the charms or just the a couple?

Where did you buy it from? Was it a Pandora store or just a stockist?

As others have said, direct consequential losses most likely will be claimable and the burden of proof is only "on the balance of probability" as it is a civil case (criminal has the higher test of "beyond reasonable doubt").

goneshopping

Thanks everyone. I will write a letter to them and send it Recorded so they can't deny receiving it.

The bangle was bought from a Pandora Store and the bangle only had one charm on which was lost. The charm was purchased at the same time as the bangle so are all on the same receipt.

wealdroam

This CAB webpage might help with the letter before action:

http://www.adviceguide.org.uk/england/consumer_e/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/before_you_take_someone_to_court/step_one_write_a_letter_before_action.htm

pulliptears

Pandora CS is abysmal. A friend had an issue with a ring turning her finger green and they were utterly useless.

I do hope you succeed with this just to stick 2 fingers up to them.

tinkerbell28

Seriously? Isn't that what safety chains are for?