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Small Dry Cleaners cannot find item

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shopper2017abc
shopper2017abc Posts: 3 Newbie
edited 25 September 2017 at 2:10PM in Consumer rights
Hello, everyone.

On Friday, a relative of mine (a pensioner) went to a small, independent dry cleaners to have a single duvet cleaned. However, when she came to collect it later that day, they did not have it.

Apparently, the person who usually deals with the dry cleaning had gone out from the shop, and the other person there gave her single duvet to someone else. Even worse, was the fact that the other customer who took her single duvet, came to collect a double duvet - so how they didn't know the size difference of the duvets is beyond me.

All the people who have items dry cleaned in this small business are given a receipt and there is an order number to help identify each person's item. However, no contact details of the customer is ever asked for, so there is no way of the business to contact them.

She came back to the small dry cleaners on Saturday to ask them about her duvet. Now the dry cleaners have said, once the customer, who took the wrong duvet knows it is the wrong size, it will be returned. However, it is Monday now... How long should she wait before she can take action.

The single duvet, which is of good quality, was bought on special offer of just under £39, so the customer who they say took the wrong duvet, may not return it, or indeed may wait weeks or months to open the bag to see it is the wrong duvet.

However, because the duvet was bought 2 to 3 years ago, she has no receipt for the purchase of the duvet, so the dry cleaners may refuse to give her that amount of money. (A replacement duvet of the same brand would be much more expensive). In addition, she paid £9 to have the duvet cleaned.

Can I ask, what are her options. If the dry cleaners are telling the truth, how long would be reasonable to wait to see if it is returned. What happens if they do not return her duvet and refuse to pay the amount, as they can just say the duvet was never worth that much (even though she was charged £9 to have it cleaned). The total amount of the duvet and the dry cleaning bill comes to just under £50.
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Comments

  • A reasonable amount of time for it to be returned would be a day, who doesn't open a duvet?

    The business has a duty of care for the items that the person brought into their establishment and they need to put the customer back to the point they would have been prior to the contract which would be to replace the duvet.
  • lincroft1710
    lincroft1710 Posts: 18,869 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    What sort of business does not ask for contact details when receiving customer's property?

    I wonder what they will do with the double duvet if the other customer fails to return. But as the lost duvet is 3 years old, isn't the cleaner only liable to recompense for a 3 year duvet as there is no entitlement to betterment.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • shopper2017abc
    shopper2017abc Posts: 3 Newbie
    edited 25 September 2017 at 4:15PM
    The brand of the duvet is an expensive one. It would be unfair to replace it with a cheap brand of poorer quality. What if the dry cleaners does not want to pay the £48 (£39 + 9 cleaning bill) and keeps telling
    her to wait in the hope the product would be returned back to the store.
    What should she do then?
  • What sort of business does not ask for contact details when receiving customer's property?

    I wonder what they will do with the double duvet if the other customer fails to return. But as the lost duvet is 3 years old, isn't the cleaner only liable to recompense for a 3 year duvet as there is no entitlement to betterment.

    This is correct they are only liable to cover the cost of the replacement item but can also take into account the wear and use. In this instance maybe it would be best to show them the price of the duvet now but 'negotiate' down to £39 or a reasonable sum in between.
  • I asked her how old the duvet is. She has said it is not more than two years, and
    was in extremely good condition. It is a pretty expensive brand -
    which may be the reason why the other customer has not returned it. Unfortunately, the company
    that makes the duvet have brought out a new range, and no longer sell the range of
    the duvet she has. The equivalent duvet of the same brand from the new range
    (single duvet 13.5 tog), would be much more expensive. Unfortunately, as it is
    two years old, she has so far been unable to find the receipt.

    If they don't want to give her any money, what should she do?
    If they do want to give her some money, what amount would be considered fair?
  • lincroft1710
    lincroft1710 Posts: 18,869 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    What is the point of keeping a single duvet when you need a double?

    I think your relative should wait a few more days, the other customer may not be able to return the duvet immediately. Perhaps 50% of new cost.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • photome
    photome Posts: 16,657 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    The shop should put her back in the same position with a 2/3 year old duvet , obviously they cant do that so a proportion of the cost of a the one that was left would be fair.

    maybe about £20 and the return of the £9 cleaning fee.

    has your relative asked what the shop is going to do if it isnt returned
  • sheramber
    sheramber Posts: 22,395 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Maybe the person who got the wrong duvet can only get back to the shop on a Friday.
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    cono1717 wrote: »
    A reasonable amount of time for it to be returned would be a day, who doesn't open a duvet?

    The business has a duty of care for the items that the person brought into their establishment and they need to put the customer back to the point they would have been prior to the contract which would be to replace the duvet.

    Someone who has had a summer weight duvet cleaned prior to putting it in storage for the winter. I've got a multitude of duvets and pillows sealed in vacuum bags in my loft.
  • LilElvis wrote: »
    Someone who has had a summer weight duvet cleaned prior to putting it in storage for the winter. I've got a multitude of duvets and pillows sealed in vacuum bags in my loft.
    I'm more of a leg out the duvet kind of guy so have never had them dry cleaned, but don't they come in some sort of bag? Presumably if the customer wanted to store it unless they were storing it exactly how it was folded by the store they'd have to re-fold and notice it was wrong?
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