I just want my money back please

Jampotts

Apologies for the ramble but I really need you to know the history in order to advise whether I should take this any further.

After buying a kilt in a tartan shop for my (then) boyfriend for our wedding we decided it would be nice to have a matching one for my son. They did not have one in stock and offered to order it (at additional cost). We were told it would take 2 weeks which gave us 5 days before the wedding. I stated that if it didn't turn up by the given date it would be no use as it's for a wedding. We tried on another kilt in the shop to check sizing and confirmed it to be Age 4 so that went on the order form. We paid in full.

When it didn't turn up on the day expected I made countless calls and revisits to the shop to find out when it would come. It eventually turned up 3pm the day before the wedding. I picked it up from the shop and immediately commented on how it looked shorter to me. She suggested I take it home to try on which I did but not only was it about 9cm shorter than we ordered but also approx 4 cm wider. So it was too short to wear and too wide to stay up. I rang the next morning to inform them I would be returning the kilt as soon as I got back from honeymoon as it was not as described nor suitable to wear.

When I returned the kilt 2 weeks later they refused a refund but offered to make a new one at the right size. I wasn't completely happy with this as the wedding had passed but accepted this as a compromise.

3 weeks later, still no kilt. I rang, left messages, sent texts and even dropped in the shop and left a message in writing for someone to call me with expected delivery. I went into the shop every day with the staff claiming they knew nothing until eventually got someone who said the new kilt had arrived. When she showed me, it was the same kilt but with the hem taken down a bit. I refused to accept it and asked for a refund which of course they denied.

I then wrote a letter with the whole history and gave them 7 days to produce the kilt I ordered or terminate the agreement and give me a refund. I took a copy to the shop but they refused to sign they had received it. I sent a copy registered but that has been returned to me as 'the person refused to accept it'.

After the 7 days was up I went back to the shop and asked for a refund. The 'manager' turned up to talk to me and offered to order me another. I refused saying this has gone on long enough and I just want my money back now. They pointed to a sign behind the counter stating they do not issue refunds and I told them that as the item was not as described nor fit for purpose I am entilted to a refund. It ended up in a bit of a slanging match with him claiming he was doing his best to help but after 11 weeks of havnig to deal with this I am at my wits end and frankly do not want to deal with them any more. I said I would report them to trading standards and he said fine, see you in court. When I came out I was nearly in tears.

So the question really is - am I entitled to a refund? And if so how do I go about getting one when they blankly refuse.

unholyangel

I presume they knew it was for your wedding and also knew the date of your wedding?

Btw, their "no refunds" sign is illegal. If you check our your local trading standards website, they should have their own version of this page explaining why they're illegal:
http://www.birmingham.gov.uk/cs/Satellite?c=Page&childpagename=Parks%2FPageLayout&cid=1223092622834&packedargs=website%3D1&pagename=BCC%2FCommon%2FWrapper%2FWrapper&rendermode=live

You clearly haven't accepted the goods so you are entitled to reject them and get a full refund.

halibut2209

Sounds like it's time for a Letter Before Action.

Or possibly a chargeback, depending on how you paid.

Jampotts

Thanks for your replies. Feels like you agree I am due a refund.


Yes they did know it was for a wedding and the date and that I was gutted to not have the matching kilt on the day.


I have already taken in a letter which they refused to accept and then sent it registered and received it back as 'refused'.


Got a feeling this is not their first complaint and they know how to avoid accepting responsibility.


I have now contacted the credit card company who are sending a dispute form out though I don't know how I will stand given it's less than £100. Also reported the signage to the trading standards as suggested.

TonyMMM

Jampotts wrote: »

I have already taken in a letter which they refused to accept and then sent it registered and received it back as 'refused'.

You don't send these things registered (or signed for), because that gives them the opportunity to refuse it, as you have found.

Send the letter before action, by ordinary first class post from the post office, and get proof of posting - even better to send a copy from 2 different post offices.

Makes it almost impossible then for them to deny receipt of your letter.