Soletrader Refuses Refund after Salesman Lies

lluckylluke

Hi,


I recently bought a pair of shoes that were slightly uncomfortable from Soletrader after the salesman had specifically told me that the area that they were uncomfortable (the sides of the right shoe) would expand in time.


However the shoes gradually got more uncomfortable until they became painful.


So I've taken them back but after numerous e-mails and calls they refuse to refund me because I wore them outside.


The 'expert' in the shop told me to wear them and it would be fine, I wouldn't have bought the shoes otherwise.


I know there are aspects in the Sale of Goods Act which cover 'Experts' misleading you but I can't find any specific sections.


Essentially I've been tricked into buying these shoes from Soletrader and now they say they are 'happy to go to court'.


What can I do?

wealdroam

Can we assume you have nothing in writing from the salesman or Soletrader?

You are quite right... you are entitled to rely on advice given by a salesman.

The real problem you will have is convincing anyone that the salesman actually said that.

I have no idea whether a court would believe you or Soletrader... it's all down to the balance of probabilities.

InsideInsurance

lluckylluke wrote: »

Essentially I've been tricked into buying these shoes from Soletrader and now they say they are 'happy to go to court'.

What can I do?

How long have you had them?

Personally, assuming that the shoes are the correct size etc, then I would argue that the shoes are faulty/ not fit for purpose and therefore you are rejecting them under the sales of goods act - assuming you've had them a fairly short time. Obviously pointing out the area of concern was raised at the point of purchase but was told that this was normal and would self rectify.

Obviously the issue is that you've already sent a series of emails and so a sudden change of tac causes problems.

The other trick that often works is going in store and deal with this in public in front of all their potential customers rather than discretely on the phone/ by email. Rights tend to go out of the window when you have a loud mouthed dissatisfied customer taking about shocking service etc.

Poppie68

Why would you buy shoes that you knew were uncomfortable, regardless of what a sales assistant told you?
No need to rant and rave over a decision you made, i find the polite and calm approach always works for me.

lluckylluke

I had the shoes for around a week before returning them.


Normally I would not have bought an uncomfortable pair of shoes but as I said the Salesman assured me that they would be fine, I'm too trusting I guess . I wasn't alone in the store so I have a witness to what happened, but also everyone I've spoken to has more or less said 'Yes he probably did say that'.


I sent one of the managers extracts from the Sale of Goods Act showing my legal argument, He just said tough and that 'it was your own decision to buy them' regardless of what the salesman told me. His attitude alone would be enough to make a lot of people fight this.

lluckylluke

When I first spoke to them I was very polite and calm

meer53

I have a wardrobe full of shoes which were missold.

Live and learn.

Sampong

lluckylluke wrote: »

Essentially I've been tricked into buying these shoes from Soletrader and now they say they are 'happy to go to court'.

Whoever told you they are "happy to go to court" is probably punching above their weight.

To actually "go to court" would depend on you issuing a claim anyway - and no one is going to do that over a pair of shoes surely.

It sounds like you are dealing with a specific store manager - see if there is a customer complaints department and deal with them instead.

Pollycat

lluckylluke wrote: »

The 'expert' in the shop told me to wear them and it would be fine, I wouldn't have bought the shoes otherwise.

But are salespeople in shoe shops considered 'experts'?

I wouldn't say so.

I've bought many pairs of shoes, some have felt comfortable straight away, some have felt a little tight.

Some I've not bought because I know damn well that they are never going to be comfortable.

But I've always made my own decision based on my knowledge of my own feet and the composition of the shoes e.g. are they leather.

I'd never buy a pair of shoes that were uncomfortable just because someone working in the shop told me they'd be fine.

Sadly, I think you are on a loser.

Could you sell them on ebay?

bris

Can we not even buy a pair of shoes now without blaming someone else?

This is consumer rights not consumer wrongs.

lluckylluke

Yes, any person working in a specific shop can be considered an expert (hence why I chose the '' to put it in), like going to a phone shop and the person saying the battery lasts 100 hours, but only lasts 1 hour, your expected to be able to trust them. You would obviously take this phone back.


There was a recent case where a car salesman said a car was good, turned out to have a load of problems, he was considered an 'expert' even though he's not a mechanic and lost the case.


If you have lots of missold shoes you really should be able to get your money back. It's companies taking advantage in my opinion


I think the person I spoke to must be a store manager, you're probably right that I should go higher up the chain.


Thanks everyone so far for the responses btw.