Looking for a refund but company offered replacement

unholyangel

frugal_mike wrote: »

Op, since you paid on credit card and the goods cost more than £100 you could attempt a Section 75 claim. The credit card supplier are jointly and severally liable for the contract. They may claim that the sellers offer of a replacement is acceptable though, and then the only recourse would be to risk a day in court.

Fiinancial ombudsman.

McKneff wrote: »

There must have been pressure on the seams to cause them to burst though, it must have felt tight on you when you put it on.


sizes differ so much. A size 12 from Dotty P's is comepletely different from a size 12 from Debenhams.

Depends on the garment, material and price really.

Some garments (or materials) are designed to be tight, others arent. Same as some materials are stronger/have more elasticity than others.

OP doesnt state where the seam gave way or how. If it ripped and it was at the hips (for example) it suggests its possibly (not definitely) too tight in that area. If the stitching merely unravelled/came lose, then it suggests possible poor manufacturing.

Devils in the details.

vaio

frugal_mike wrote: »

.....Op, since you paid on credit card and the goods cost more than £100 you could attempt a Section 75 claim. The credit card supplier are jointly and severally liable for the contract. They may claim that the sellers offer of a replacement is acceptable though, and then the only recourse would be to risk a day in court.

unholyangel wrote: »

Fiinancial ombudsman.......

Nah, I'd have thought that strictly speaking the existence of the fault and the appropriate remedy would need to be established in the normal way by a day in court if not agreed. Once that is done then the CC company become jointly liable with the retailer

Pragmatically, lodging a s75 claim might well get the CC company to have an word with the retailer with a view to getting it resolved

Bencaa

unholyangel wrote: »

Fiinancial ombudsman.




Depends on the garment, material and price really.

Some garments (or materials) are designed to be tight, others arent. Same as some materials are stronger/have more elasticity than others.

OP doesnt state where the seam gave way or how. If it ripped and it was at the hips (for example) it suggests its possibly (not definitely) too tight in that area. If the stitching merely unravelled/came lose, then it suggests possible poor manufacturing.

Devils in the details.

It was a bandage dress so they dress is made to be tight as it is elastic. It was the right hip it ripped, the front stitching on the panelling came away too.

unholyangel

vaio wrote: »

Nah, I'd have thought that strictly speaking the existence of the fault and the appropriate remedy would need to be established in the normal way by a day in court if not agreed. Once that is done then the CC company become jointly liable with the retailer

Pragmatically, lodging a s75 claim might well get the CC company to have an word with the retailer with a view to getting it resolved

You can take it to the financial ombudsman (if your card issuer decline a section 75 claim). Dont need to go to court first. No idea why you'd even think that. Card company are jointly and severally liable from the get go.

And as its in the first 6 months, it would be up to the retailer to prove the "fault" is due to physical damage etc rather than inherently faulty.

frugal_mike

Yes, I'd forgotten about the ombudsman. Will the ombudsman rule on whether acceptance has occurred or not though?

unholyangel

frugal_mike wrote: »

Yes, I'd forgotten about the ombudsman. Will the ombudsman rule on whether acceptance has occurred or not though?

You might be surprised at what courts deem a reasonable time.

As for the ombudsman, they do make decisions based on law as well as whats good practice within the industry, they're merely an informal alternative to the courts - and can still go to court if they rejected the complaint.

However getting ahead of ourselves given OP hasnt made (nevermind had rejected) a section 75 claim yet so still at least 2 months off a complaint to the ombudsman.

frugal_mike

Absolutely, the question was just for future reference.