Manufacturing fault - can I still get a refund?

wealdroam

Looks like you now need to read MSE's How to Complain guide.

In there you will find a sample letter and lots of other good stuff.

unholyangel

At £29.99, that is incredibly cheap for a bag.

Personally I'd say its very likely they've lasted a reasonable length of time. You might find that is why the retailer are not offering anything.

Sunny_Saver

unholyangel wrote: »

At £29.99, that is incredibly cheap for a bag.

Personally I'd say its very likely they've lasted a reasonable length of time. You might find that is why the retailer are not offering anything.

You think that a bag that lasts 11 months and another that lasts for four is a reasonable length of time?

I thought at £30 for four months worked out expensive, as does £30 for 11 months. My existing bag was probably cheaper and has lasted for years. I expect a handbag to last for years.

wealdroam

Sunny_Saver wrote: »

You think that a bag that lasts 11 months and another that lasts for four is a reasonable length of time?

But you told us you bought the bags two years ago:

Sunny_Saver wrote: »

Two years ago, I bought two Nine West handbags from TK Maxx.

Those bags have lasted for two years - not four months, not eleven months.

The seller has no way of knowing how many times each bag has been used, have they?

Sunny_Saver

wealdroam wrote: »

But you told us you bought the bags two years ago:

Those bags have lasted for two years - not four months, not eleven months.

The seller has no way of knowing how many times each bag has been used, have they?

That is correct, I said I bought them two years ago. I also said the first bag broke within nine months (not 11 as I stated above, it was in November, so I got my numbers confused). The seller was aware of this as I contacted TK Maxx immediately.

Regarding the second bag, I said it was used for four months and then the strap started to break.

You are correct, the seller has no way of knowing how long the second bag was used for, but it did the first.

The point is the manufacturer has stated that the strap broke due to a manufacturing fault.

Sunny_Saver

wealdroam wrote: »

Looks like you now need to read MSE's How to Complain guide.

In there you will find a sample letter and lots of other good stuff.

Really helpful guide! Thank you for alerting me to it.

I particularly like the 'SAD FART'.

naedanger

Sunny_Saver wrote: »

Yes, it was bought online so all on my account details. In fact yesterday, the CS agent said he had all the details from my first complaint too and could see when I bought it.

The only thing that TKM is denying is that it is responsible/liable for anything. It's not disputing that I didn't buy it from its store/online, or disputing there was/is a fault. It is just denying it has to do anything about the fault.

Your problem is that since TKM is denying liability, and the amount spent was less than £100 and paid more than 120 days ago, then I think your only real option is to take TKM to the small claims court.

This will involve work, preparing and submitting your case, and require you to pay court fees, although these should be recoverable if you win.

Therefore, personally for the amounts involved, I don't think it is worth the time and risk pursuing legal action (even although I think you have a strong case). If I was in your position, I would write a final letter to the CEO, and if that did not work probably avoid buying from TKM again.

unholyangel

Sunny_Saver wrote: »

You think that a bag that lasts 11 months and another that lasts for four is a reasonable length of time?

I thought at £30 for four months worked out expensive, as does £30 for 11 months. My existing bag was probably cheaper and has lasted for years. I expect a handbag to last for years.

When you're paying £29.99? Yes.

Would you expect a £30 jacket to last as long or be as good a quality as a £300 one?

I'm not being facetious btw. Its just the way the law looks at it. Goods have to last a reasonable time but whats reasonable for a £30 bag is not going to be the same as whats reasonable for a £2000 bag.

Court action you're looking at a minimum of £25 filing fee and then £30 minimum hearing fee.

Best case scenario, you're given a partial refund for both bags - which even at best is likely around £10-15 per bag. Worst case scenario, the bags have lasted a reasonable time, you don't get a partial refund and nor are you awarded costs. Meaning you've spent £55 (not including time off work, travelling fees etc) trying to recoup £20-30.

naedanger

unholyangel wrote: »

When you're paying £29.99? Yes.

Would you expect a £30 jacket to last as long or be as good a quality as a £300 one?

I don't think the retailer has actually said the reason they are denying the claim is because they believe the item was sufficiently durable given the price. In addition the op has apparently been told by the manufacturer the cause was a manufacturing fault rather than overuse or misuse.

Personally I would have thought a bag costing £30 should last many years unless it was designed for looks rather than durability.

That said, I agree the point is arguable and the amounts involved are such that it is unlikely to be worth risking court action.

wealdroam

Sunny_Saver wrote: »

That is correct, I said I bought them two years ago. I also said the first bag broke within nine months. The seller was aware of this as I contacted TK Maxx immediately.

Regarding the second bag, I said it was used for four months and then the strap started to break.

You are correct, the seller has no way of knowing how long the second bag was used for, but it did the first.

The point is the manufacturer has stated that the strap broke due to a manufacturing fault.

But the point now is that the bags have lasted two years.
At £29.99, is two years a reasonable time for each bag to last?

Let's for the sake of argument assume that the expected life of the bag is (say) four years.
Using a linear scale, the value after two years would be £15, but most things depreciate at a higher rate early on, so after two years each bag may be worth £10 or less.

Is it really worth a lot of effort over (say) £20?
You decide.