Faulty boots but Topshop won't refund me

hollydays

LilElvis wrote: »

Apologies - using my phone so did not properly review before posting. She had previously called the HO, but is now contemplating writing - presumably in an attempt to correspond with someone more senior.

Have you any constructive advice for her?

Ha ha..........

LilElvis

hollydays wrote: »

Ha ha..........

Care to let me know what the joke is?

Stupid me thought that someone had posted asking for advice, but hey, I'm just a newbie what the he'll would I know.

Firemunchkin

I really appreciate the advice/guidance from more experienced users! I'm usually pretty tough when asserting my consumer rights, and most of the time I succeed. It's when things don't go the way they should that I get a bit stuck!

I went back to Timpsons and have a written explanation from them as to what is wrong with the boots - in fact they are rubber, and they said that the rubber used on these boots is clearly old because it's brittle and splitting. They said that was always going to happen regardless of anything I did.

I've also gone to the manufacturer of the boots - Office - and checked their own returns policy on faulty items. I showed the manager the boots and she said they would have given me a refund without question as they are clearly faulty.

So I shall be writing a letter to TopShop HQ, enclosing a copy of a photograph of the boots showing the damage, the note from Timpsons, a copy of my receipt and a historical account of what has happened so far. When I do this, I will mention the Sales of Goods Act 1979 which states that goods must be of satisfactory quality, be fit for purpose and last a reasonable amount of time. My argument shall be that the split in the sole of the boots occurred when I was wearing them in cool weather. As this sort of weather is the main purpose for purchasing boots in the first place, it is reasonable to expect them to withstand cooler temperatures. As it is happens, the boots could not and the rubber in the soles split. Therefore they are not fit for purpose.

As for lasting a reasonable amount of time, although the pair I have I bought in January 2013 and the split occured in October 2013, there was a period of approximately five months when I did not wear the boots due to warmer weather. Again, reiterating the above point, it is entirely reasonable to say that most people buy boots for the cooler weather and choose to wear cooler footwear in the warmer weather, such as flip-flops or ballet pumps. Therefore, for the period of time it is reasonable for me to have worn the boots, they have lasted for less than six months of use. This is clearly not a reasonable amount of time. Even if we ignore the warmer weather argument, and focus only on the 10 months from date of purchase, this is less than one year and arguably this is also not a reasonable length of time before a pair of boots break beyond repair.

The Sale and Supply of Goods to Consumers Regulations 2002 provides that if the fault occurs after six months from the date of purchase, the burden is on me to prove the fault. I am hoping my explanation as to how the split occurred, together with the note from Timpsons will be evidence enough to show that the fault was there all along.

Does this sound convincing/hard to say no to?? I've followed the Consumer Rights guide. Is there something else I should be saying?

As before, I am very grateful for advices/thoughts on this.

PS: I did buy a couple of replacement pairs of boots in the sales, two pairs for less than this pair cost me. Both are rubber soles again and we shall see how well they last!

agrinnall

Sounds to me like you have enough ammunition to make a reasonable case to Top Shop. I'd give it a try and see what they say, if they still refuse to do anything then come back and ask for more suggestions (although it'll probably have to be what bod says in post #8 at that stage).

Oh, and if your are successful, please come back and let us know that, we like a story with a happy ending!

unholyangel

I'd make your letter shorter than your post or break it up a little more. They really dont need all the ins and outs, keep it simple and to the point. Title it letter before action, give them a 14 day deadline at the end of the letter in which to respond before you file a claim against them.

If you're unsure about how to word it at all, google "letter before action template". There are dozens to choose from/to give you an idea what should be included (basically just bought x on x date for £x. Original pair replaced due to fault and same fault has occurred with replacement pair. You are seeking a repair/replacement/refund - delete as necessary but bear in mind a refund can be reduced to take into account use you have had, if you shop there regularly, you may receive a better offer if you suggest a credit note as opposed to a refund).

That way there is no mistake what the problem is and what solution you are after. Too many words and things just get lost in a sea of text.

Firemunchkin

Thanks both - I will certainly post any updates on my progress!

Firemunchkin

I won!! My letter as follows:

[FONT=&quot]Dear Sirs, [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Letter Before Action [/FONT]
[FONT=&quot]Faulty Boots, made by Office - £65[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I write to complain about faulty goods which I purchased in your Oxford Street, London store. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]On 13th October 2012, I purchased a pair of black heeled boots, made by Office, for £65. The soles of these boots split completely and I returned these boots as faulty in January 2013 and was given a replacement pair. I enclose a photocopy of the proof of purchase and exchange. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The replacement pair of boots developed the same fault in October 2013. I enclose copy photographs of the damage. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]In November 2013, I attempted to return these to your St Albans store, but the manager refused to accept a return. In December 2013, I telephoned your head office and was told again that no return for faulty goods would be accepted. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I have now researched my consumer rights and request a refund of the £65 paid for the boots, on the grounds that the goods were not of satisfactory quality under the Sale of Goods Act and were faulty at the time of purchase.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]In support of this, I enclose a written assessment of the fault with the boots from Timpsons, the well-known chain of shoe repair companies. This states clearly that the fault lies with the material used to make the boots (in particular, that the rubber used was old and this is evidenced because it's brittle and splitting. They said that was always going to happen regardless of anything I did.), which therefore proves that the fault was present at the time of purchase despite the fact it took some months to materialise. [/FONT]
[FONT=&quot]
I have also made enquiries of Office - the manufacturer of the boots – whose St Albans’ store manager confirmed they would have accepted a return on these boots as they are clearly faulty. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Under the Sales of Goods Act, products must be fit for purpose and last a reasonable amount of time. The fact that the boots split within 10 months of purchase is not a reasonable amount of time, not taking into account that I did not wear the boots during the summer months. For the boots to split during the colder weather shows that they are not fit for purpose. [/FONT]
[FONT=&quot]
The Sale and Supply of Goods to Consumers Regulations 2002 provides that if the fault occurs after six months from the date of purchase, the burden is on me to prove the fault. I believe I have done so with the written assessment of the fault from Timpsons, as well as my own account of events. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I would like a reply as soon as possible so that I know you have received this letter. If you do not agree to the refund, could you please then send me a detailed response setting out the reasons.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]If I do not receive a satisfactory response from you within 30 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 4 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I look forward to your acknowledgement.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Kind regards, [/FONT]

Firemunchkin

how can I upload the letter in reply?

transient

Firemunchkin wrote: »

how can I upload the letter in reply?

redact personal info both onyour side and names or identifiers on theirs. Then upload it to tinypic.com

Firemunchkin

Here goes:

http://tinypic.com/r/ou1gco/8

Let me know if it's not worked?