Am I entitled to compensation

peachyprice

unholyangel wrote: »

Plus OP can claim damages for the goods not matching the model seen or examined. The goods need to exactly match save for any differences specifically drawn to the consumers attention before entering the contract.

Even if OP has drastically altered the dress without giving the shop the opportunity to remedy the situation other than sending a few facebook messages?

ScorpiondeRooftrouser

unholyangel wrote: »

For example, normally under breach of contract distress & inconvenience cannot be claimed for. But in wedding contracts (and a few other exceptions also), it can.

Really? What is the law that says that anything contracted for a wedding is treated differently from other contracts?

Manxman_in_exile

unholyangel wrote: »

Weddings actually are considered different - particularly when the traders involved usually market it as a one off extra special event that justifies paying £3500 for about £300 of material that you have to order months/years in advance.

For example, normally under breach of contract distress & inconvenience cannot be claimed for. But in wedding contracts (and a few other exceptions also), it can.

I really don't understand why any bride would spend three and a half grand on a dress. Sorry - I'm not very romantic but what's the point? Did your groom spend the same amount on his outfit?


So you ordered the dress about a year ahead but only tried it on about two weeks before the wedding. what were you going to do if it didn't fit?


We spent about £100 on our wedding (we're both skinflints!) anything more would have been a waste of money. But if my wife had spent that much on a wedding dress that didn't fit - she'd have been down there straight away and not left until it was fixed!

kazzah

I;m sorry- but I really don't think "sending a message" to the shop and NOT receiving a response is grounds for you cutting up your dress - I suspect most consumers would have been outside the shop door before opening time and making sure they KNEW I was unhappy - sounds a bit like buyers remorse for the amount paid for the gown.

KeithP

Isn't asking for compensation for a claimed fault in a wedding dress after the wedding a bit like taking a book back to the shop, after having read it, for a refund?

OP, harsh as it may seem, the wedding dress did its job.
The wedding went ahead, the 'issue' didn't show in the photographs.

At this stage, after the event, there is no claim.

unholyangel

peachyprice wrote: »

Even if OP has drastically altered the dress without giving the shop the opportunity to remedy the situation other than sending a few facebook messages?

The CRA specifically says that nothing in there prevents the consumer from seeking other remedies and lists damages as one of those possible remedies.

Plus there was the case of grant v electro centre (albeit as a small claim under soga) where a dvd player broke after about a year, retailer would only look at it if the customer paid the postage iirc. Customer didn't enter any further correspondence, had it repaired elsewhere and recovered not only the repair costs, but the costs of travelling to/from getting it repaired.

Bear in mind I said depending on how different it was, i'd expect no more than 10-20% of the dress cost in total - including the distress/inconvenience element.

ScorpiondeRooftrouser wrote: »

Really? What is the law that says that anything contracted for a wedding is treated differently from other contracts?

Diesen V Samson and also Farley v Skinner in which it was said:

I am satisfied that in the real life of our lower courts non-pecuniary damages are regularly awarded on the basis that the defendant's breach of contract deprived the plaintiff of the very object of the contract, viz pleasure, relaxation, and peace of mind. The cases arise in diverse contractual contexts, eg the supply of a wedding dress

lincroft1710

Manxman_in_exile wrote: »

but only tried it on about two weeks before the wedding. what were you going to do if it didn't fit?


We spent about £100 on our wedding (we're both sensible money savers!) anything more would have been a waste of money. But if my wife had spent that much on a wedding dress that didn't fit - she'd have been down there straight away and not left until it was fixed!

Fixed that for you