Coat damaged by dry cleaners

lovehackney

I took my coat to be dry cleaned earlier this week. I collected it on Wednesday, paid and took it home. As soon as I got home (only 5 minutes later), I was inspecting it properly and noticed that the coat was damaged - there are lots of pale 'blotches' all over it which I didn't notice at first (it's a beige coat) but it's definitely damaged.

I took it back to the dry cleaners within 30 minutes and they said they would send it back to their cleaners to be fixed - even though I don't see how it can be fixed as it's like the fabric has been mildly bleached in places.

Anyway, I am due to collect it today and want to know what my rights are.

As far as I can tell from googling, a dry cleaner has a duty of care, even if they have a sign saying they are not liable (this is from citizen's advice) and that they should either pay to repair or replace the goods.

So when I go back later this afternoon if it is not sorted, I was planning on asking for 5/6 of the cost back, on the basis that I've had the coat for 4 months (I can prove this) and I would expect the coat to last at least two years. Does this seem fair? I would also like the dry cleaning fee (£9.95) back as well.

The only complication is that they don't do the dry cleaning themselves and outsource it someone else - but I assume that as my contract is with them, it is their responsibility to reimburse me, and then they can claim back their costs from the people who actually did the dry cleaning?

ThumbRemote

It seems a fair amount to me. Your contract is likely to be with the people you paid, so as you say you'd pursue them for a refund.

lovehackney

Thanks!
I will let you know how it goes...

lovehackney

Ok so I went back and my coat wasn't ready, so going back on Tuesday evening.
I am concerned however as the owner said "it's basically nothing to do with us", so I know getting any money from them is going to be a challenge.
Anyway, if they refuse to pay up on Tuesday, what are my options? I don't think they are a member of the trade association for dry cleaners.

Would it be worth going to the small claims court? The coat originally cost £175 so I would be looking at getting back about £146 for that plus £10 for dry cleaning costs.

Chucky1234

How much does the coat sell for second hand in a similar condition to what your one was? If you could get the coat for say £80 I would argue that's what you would be owed.

LadyDee

Chucky1234 wrote: »

How much does the coat sell for second hand in a similar condition to what your one was? If you could get the coat for say £80 I would argue that's what you would be owed.

Whatever the legal position, why should the OP be exxpected to wear secoondhand clothes? If she'd wanted a secondhand coat in the first place presumably she would have bought one and saved herself some money.

I happily buy things in a charity shop but others just couldn't bring themselves to do so.

wealdroam

LadyDee wrote: »

Whatever the legal position, why should the OP be exxpected to wear secoondhand clothes?

The OP's damaged coat is now in a 'used' condition, and would still be in a 'used' condition if it had remained undamaged.

Do you think the OP should be entitled to the new price?

shaun_from_Africa

LadyDee wrote: »

Whatever the legal position, why should the OP be exxpected to wear secoondhand clothes?

Why?
Simply because as the first line of your post states, that is the legal position.
It would be nice to tell people that they are entitled to the full cost of a new item but unfortunately the law doesn't work like that.
If a replacement, 4 month old coat can be purchased for £80, then this is what the law states they should get.

naedanger

wealdroam wrote: »

The OP's damaged coat is now in a 'used' condition, and would still be in a 'used' condition if it had remained undamaged.

Do you think the OP should be entitled to the new price?

The op was not claiming the new price, but rather the new price reduced to allow for the use they have already had. This seems in line with the compensation that the Citizens Advice Bureau's state is due, namely:

If the item is totally ruined, your compensation would be based on the value of the item. This takes into account the purchase price but the dry cleaner can make a deduction to allow for the use you have had.

Source:
https://www.citizensadvice.org.uk/Documents/Advice%20factsheets/Consumer%20Affairs/c-dry-cleaning.pdf

They do not state that the compensation due is the secondhand value of the item.

George_Michael

That's fair enough but how should someone work out what a reasonable value should be?

The claimant might say 90% of the new price and the retailer could counter with 50% so surely a reasonable way of working out the value would be the price that items of an equivalent age and condition are being sold for.
After all, isn't this basically what insurance companies do when paying out for written off cars?

naedanger

George_Michael wrote: »

That's fair enough but how should someone work out what a reasonable value should be?

The claimant might say 90% of the new price and the retailer could counter with 50% so surely a reasonable way of working out the value would be the price that items of an equivalent age and condition are being sold for.

If the two parties cannot agree and the matter goes to court then it would be for the court to decide the value based on all the evidence.

I am not sure using the secondhand value would greatly reduce the scope for disagreement, even if that was the relevant measure.