Dry Cleaners/Cobblers lost 1 boot

emwenn

Hi All,

This is my first post and I am hoping someone can help me.

On June 4th I lost the heel to my £550 Alexander Wang Boots.

I luckily had a pair of flat shoes so changed and passed the American Dry Cleaning Company on Kensington Church Street, Notting Hill. They had a cobblers facility so popped in to get them quickly re-heeled.

I paid and waited 10/15 minutes for him to attempt to repair them and then tell me he couldn't do it right now and to come back next week. I wasn't issued a receipt as I was to leave with the boots on the spot.

A week later I went back in and the cobbler said he didn't have the right part and had ordered it to fix the heel. He took my number and said he'd call back.

It's almost a month after and no communication so I called today. The cobbler was out.
I then got a voicemail 3 hours later to apologise as they have lost one of my boots.

I called back to enquire and have been told that they took the boot out of the store to another where they had the correct machinery to fix it and it was left on the train. I was told my details were on the boot and they were also lost which is why they couldn't inform me about this earlier.

I now have to go back to fill in a compensation form but will not be given the value of my shoes and only compensate one boot.

I have looked on the website and it looks like the terms and conditions on there are related to their dry cleaning facilities but it is not clear.

If anyone has experienced these issues please advise as I am at a loss.

If I had known they would have been taken out of the shop I would have asked about insurance due to the value of the boots and the fact I can't replace them as they are old season.

Many Thanks
Emma

hollydays

Have you spoken to anyone at head office yet?
Do you still have the original receipt for the boots.
Really odd they didn't give you a ticket.How did you know how much they would charge?

unholyangel

Emwenn wrote: »

If I had known they would have been taken out of the shop I would have asked about insurance due to the value of the boots and the fact I can't replace them as they are old season.

Many Thanks
Emma

That wouldn't be your risk to cover - it would be theirs as its within their possession/control therefore if they are taking items out of the premises they would need to have the appropriate insurance.

What do you mean "will not be given the value of my shoes and only compensate one boot."

Their liability is to put you in the same position you would have been in had they not breached the contract. They don't have a choice on that and while you do have a duty to mitigate your losses where possible, you shouldn't be any worse off (but nor should you profit mind you) from any breach on their part.

Try and look and see if the boots are being sold 2nd hand anywhere - if so then this is a good indication of how much you should be asking them for. A receipt from purchase might be useful as well, just keep in mind they're unlikely to offer the full price you paid if they were purchased a year ago as this would be a betterment (ie profiting from their breach).

pinkshoes

unholyangel wrote: »

That wouldn't be your risk to cover - it would be theirs as its within their possession/control therefore if they are taking items out of the premises they would need to have the appropriate insurance.

What do you mean "will not be given the value of my shoes and only compensate one boot."

Their liability is to put you in the same position you would have been in had they not breached the contract. They don't have a choice on that and while you do have a duty to mitigate your losses where possible, you shouldn't be any worse off (but nor should you profit mind you) from any breach on their part.

Try and look and see if the boots are being sold 2nd hand anywhere - if so then this is a good indication of how much you should be asking them for. A receipt from purchase might be useful as well, just keep in mind they're unlikely to offer the full price you paid if they were purchased a year ago as this would be a betterment (ie profiting from their breach).

I somewhat disagree with this. Shoes cannot be purchased second hand as that is somewhat ewwwwww, (they mold to the feet when wearing) so getting the second hand value for the boots does not help the OP. She would then be left with some cash and unable to replace the boots other than buying new again.

It is no quite the same as a second hand pair of trousers or washing machine which are fine second hand.

marliepanda

pinkshoes wrote: »

I somewhat disagree with this. Shoes cannot be purchased second hand as that is somewhat ewwwwww, (they mold to the feet when wearing) so getting the second hand value for the boots does not help the OP. She would then be left with some cash and unable to replace the boots other than buying new again.

It is no quite the same as a second hand pair of trousers or washing machine which are fine second hand.

That's personal preference. I have sold many shoes second hand and also bought them absolutely fine

firefox1956

The boots cost you £550.00 ( !!!! ) & you walked out of the shop with no receipt / ticket nothing at all ???

wealdroam

pinkshoes wrote: »

I somewhat disagree with this. Shoes cannot be purchased second hand as that is somewhat ewwwwww, (they mold to the feet when wearing) so getting the second hand value for the boots does not help the OP. She would then be left with some cash and unable to replace the boots other than buying new again.

It is no quite the same as a second hand pair of trousers or washing machine which are fine second hand.

And why should she be able to buy new again?

She has had the use of the boots for some time, we aren't told how long, so should she have had that use for nothing?

As you said, buying second hand boots may not be acceptable. This indicates to me that the value of the boots depreciated dramatically once worn.

At a guess, a £550 pair of boots are probably worth less than £100 after (say) a month's wearing, and that is the amount of the OP's loss.

dacouch

firefox1956 wrote: »

The boots cost you £550.00 ( !!!! ) & you walked out of the shop with no receipt / ticket nothing at all ???

Nottinghill...

unholyangel

pinkshoes wrote: »

I somewhat disagree with this. Shoes cannot be purchased second hand as that is somewhat ewwwwww, (they mold to the feet when wearing) so getting the second hand value for the boots does not help the OP. She would then be left with some cash and unable to replace the boots other than buying new again.

It is no quite the same as a second hand pair of trousers or washing machine which are fine second hand.

Unfortunately the rules of damages don't seem to factor in what people think of as gross. Its merely concerned with measuring the damages itself.

bris

Whilst I would never buy a pair of second hand shoes it would give a fair indication of their value.

naedanger

bris wrote: »

Whilst I would never buy a pair of second hand shoes it would give a fair indication of their value.

It would give a fair indication of their value to someone other than their original owner but not the fair value to the owner.