Consumer Rights / Small Claims Court

Obs22

Hi
I'm hoping someone will be able to help me.
I purchased a jacket worth almost £200; which i assumed (incorrectly was water resistant / waterproof) as i had a similar coat of the same value and material which has lasted me over 3 years.

When I first wore the coat i got drenched - from inside in; called the shop for refund and i was told it would be fine - so i made the journey in to collect my refund or at least get something more suitable to what i needed.

I was told that as i had already worn the coat (which i had told the sales assistant over the phone as the website stated that it had to be returned in its original packaging) i could not get refund. This visit was within 48 hrs of purchasing the jacket. I then received an email from the 'Brand Director' that i had been verbally abusive to staff - which is a complete lie and I have witness who heard the hour long conversation.

I have asked for the shop to provide evidence of my being 'verbally abusive' as i know that they have video cameras in the store. They have refused to provide any evidence.

Is it worth me taking this to a small claims court to get my money back? Or could anyone suggest an action as to how i could get my money back?

agrinnall

I don't think you will get your money back. You've already said that you "assumed" it was waterproof, from which I take it that the coat itself makes no such claim. In which case all you've had is a change of mind, and if the shop have decided not to accept the return you really have no claim.

sjbrun

I cant imagine taking a drenched coat back to a shop would go down very well.

The sales assistant might have just assumed that you tried it on when you said you wore it, not that it was holding a river in water.

wealdroam

Obs22 wrote: »

Hi
I'm hoping someone will be able to help me.
I purchased a jacket worth almost £200; which i assumed (incorrectly was water resistant / waterproof) as i had a similar coat of the same value and material which has lasted me over 3 years.

When I first wore the coat i got drenched - from inside in; called the shop for refund and i was told it would be fine - so i made the journey in to collect my refund or at least get something more suitable to what i needed.

I was told that as i had already worn the coat (which i had told the sales assistant over the phone as the website stated that it had to be returned in its original packaging) i could not get refund. This visit was within 48 hrs of purchasing the jacket. I then received an email from the 'Brand Director' that i had been verbally abusive to staff - which is a complete lie and I have witness who heard the hour long conversation.

I have asked for the shop to provide evidence of my being 'verbally abusive' as i know that they have video cameras in the store. They have refused to provide any evidence.

Is it worth me taking this to a small claims court to get my money back? Or could anyone suggest an action as to how i could get my money back?

Did you buy the coat in store?

You had an "hour long conversation"?
Wow!!
Simply conversing for one hour might be considered by some as a form of abuse.

visidigi

Obs22 wrote: »

Hi
I'm hoping someone will be able to help me.
I purchased a jacket worth almost £200; which i assumed (incorrectly was water resistant / waterproof) as i had a similar coat of the same value and material which has lasted me over 3 years.

When I first wore the coat i got drenched - from inside in; called the shop for refund and i was told it would be fine - so i made the journey in to collect my refund or at least get something more suitable to what i needed.

I was told that as i had already worn the coat (which i had told the sales assistant over the phone as the website stated that it had to be returned in its original packaging) i could not get refund. This visit was within 48 hrs of purchasing the jacket. I then received an email from the 'Brand Director' that i had been verbally abusive to staff - which is a complete lie and I have witness who heard the hour long conversation.

I have asked for the shop to provide evidence of my being 'verbally abusive' as i know that they have video cameras in the store. They have refused to provide any evidence.

Is it worth me taking this to a small claims court to get my money back? Or could anyone suggest an action as to how i could get my money back?

You want your money back for an assumption you made?

Basically it comes down to this. Is the coat sold as waterproof or not.

Money-Saving-King

Obs22 wrote: »

I then received an email from the 'Brand Director' that i had been verbally abusive to staff - which is a complete lie and I have witness who heard the hour long conversation.

If the conversation was an hour long I can imagine witness would have switched off at some point!

Obs22 wrote: »

I have asked for the shop to provide evidence of my being 'verbally abusive' as i know that they have video cameras in the store. They have refused to provide any evidence

They don't have to provide you evidence. Maybe in the future trying a different complaining technique like being nice, it does wonders and obviously your current method hasn't worked.