World Duty Free (WDC) - Faulty Ted Baker Bag, won't accept return

agrinnall

Perhaps you could ask Ted Baker to comment on whether they consider the fading to be acceptable or not, and if they don't ask them to give you a letter to that effect to back up your argument with WDF.

My question about buying on a card is that you have greater protection, either through S75 if it's a credit card, or Chargeback on a debit card. Unfortunately I think you may be too late for Chargeback - have a read of the MSE Guide here

http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback

Clarky_

Actually I've spoken to Ted Baker too. They were apologetic, but told me that I could only return the bag through the retailer.

I explained that World Duty Free were no being operative and asked them if they could speak directly to them. They said they could not and only passed me their contact details... which obviously has not worked.

I'm not aware of the debit card protection. I'll look into that now - thanks!
UPDATE: Apparently chargeback only works with 120 days, it's been longer than that now :-(

Pollycat

Pollycat wrote: »

So - did you provide proof of purchase?

Pollycat wrote: »

I think it's maybe time to write to them quoting specific consumer rights.

And - do you have proof of purchase? I asked this earlier.

Do you have proof of purchase?

Have you written to them quoting specific consumer rights.

It may be some youngster in a back room whose remit is to say/write ''we can't accept this item back because it's not in mint condition" and hope people just go away.

If you're determined not to 'just go away' you need to quote a bit of (relevant) legislation at them - enough for somebody to say 'Oh, I need to pass this up to my supervisor'.

Clarky_

Pollycat wrote: »

Do you have proof of purchase?

Yes, I have the original receipt.

Pollycat wrote: »

Have you written to them quoting specific consumer rights.

Yes, I have. I've pasted the communications below.

Pollycat wrote: »

It may be some youngster in a back room whose remit is to say/write ''we can't accept this item back because it's not in mint condition" and hope people just go away.

I think this is the case. And by writing to them threatening legal action I hoped to be put in touch with a manager. But this did not happen. I only received and email reply which made no sense. When I specifically asked to be contacted by a manager I didn't receive a reply.


My Letter to World Duty Free (2nd Oct 2014):

Dear World Duty Free (WDFG UK Ltd),

Complaint about faulty goods

I bought Ted Baker handbag from your store at Leeds/Bradford airport, 18th May 2014.

The handbag colour completely faded after a few weeks and only being used handful of times.

Under the Sale of Goods Act 1979 (as amended), goods you supply must be of satisfactory quality. Since the quality of the leather dying was a problem when I bought the item, I request that you provide a full refund or replace the bag.

I have already sent the bag back to your returns department and it was returned back to me with a template email note stating that the goods could not be returned since the bag was not in resalable condition due to the fading of the leather.

I assume that this was an error on your part since the reason I returned the bag to you was because of this fault – this was made clear on the return form.

I have been past your airport stores 4 times in the last 3 weeks since I received this unsatisfactory response and I have suspended purchasing any further products from any of your stores until this is resolved.

Please respond within 7 days of receiving this letter.

Email Response from World Duty Free (20th Oct 2014):

Dear Matthew Clark,

Thank you for writing to us. Unfortunately as my colleague Lauren explained to you we are unable to replace or refund you for the bag as is not in pristine condition due to use and the fading was also a result of use as it was purchased 5 months ago.

I am sorry we are unable to help you on this occasion.

Best Regards,
Amy


My Email Response to World Duty Free (21st Oct 2014):

Hello Amy,

I’ve spoken to Trading Standards today. They have confirmed that this is covered under the Sales of Goods act since the fading of the leather means that the bag is not of satisfactory quality.

Sale of Goods Act 1979 - legislation.gov.uk/ukpga/1979/54

SPECIFICALLY:
Section 14 (2A): For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

The price of the bag combined with the speed at which the leather faded mean the the bag is not of satisfactory quality.

I am therefore returning it to you for refund or replacement.

Trading Standards explained that I have the right to escalate this to a manager – if you are still unclear about your legal obligations as a retailer or about my request then please have a senior manager return communication to my original letter.

Regards,
M


WDF did not reply to this email...

ThumbRemote

Send a letter before action, then file a small claims court case against them.

Pollycat

Clarky
Thanks for your post #15.

It would have been helpful if you had posted this right at the start as people have been trying to help for a week, not knowing that you had actually written good emails (not everyone does).

I agree with ThumbRemote.

Clarky_

Hi both,

ThumbRemote wrote: »

Send a letter before action, then file a small claims court case against them.

Who should I address the letter to? I'm not actually sure who legal claims should be addressed to a large organisation.

I'm aware that the Small Claims Court would be next option. But would rather not have the hassle of going to court. On the other hand I want a resolution to this.

The first stage seems to be only £35 (gov.uk/make-court-claim-for-money/court-fees)

But after that there will be more fees if they don't respond to the court letter. It isn't clear what these fees are.

Do either of you have experience in taking a company to court with a small claim?

Bantex_2

Never confuse a "designer" label and high price with quality.
There is no direct link.
Chances are this item came out of the same factory as the Primark stuff.

Clarky_

I shop at both Primark and Ted Baker for several years. The quality of the materials and the manufacture is very good Ted Baker, which is why the leather fading was so disappointing.

Primark is good for some stuff (I generally buy t-shirts / gym stuff). But generally starts to suffer after a few washes rather than lasting for years.

I would always judge an item on the quality of the materials and the build against the price rather than looking at the label.

Pollycat

These 2 links may help you, the first tells you what to include, the second link informs about the process:

http://www.adviceguide.org.uk/wales/consumer_w/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/consumer_taking_court_action_e/step_one_write_a_letter_before_action.htm

http://www.moneysavingexpert.com/reclaim/small-claims-court?_ga=1.126875150.2098250780.1407491076

I've never used the small claims process.

Maybe the LBA will work and they'll respond to your complaint.