Dry Cleaning dispute - advice needed on next steps

uss_tish

I’ll try to keep it short. I took 2 quilts and one wool mattress topper to local dry cleaners. Wool topper is dry clean only and I advised the shop of this. However, they washed the topper and it has now shrunk but they have accepted it was their mistake. They offered to purchase a replacement for me but the one they offered to buy was a non-branded cheaper item, whereas mine was a Hypnos topper. 

I advised that I was unhappy with the alternative offered and wanted it replaced like for like i.e. a hypnos one. They initially agreed and asked me to send them the receipt of when I bought it (2 years previously) and I also sent them the link to where I purchased it in order for them to buy the replacement. Obviously it is now more expensive, I bought it for £219 and it now costs £355 and they have subsequently refused to replace like for like and have offered me cash only to the amount I paid originally. They have also refused to return the original item to me or, to refund the cost of the dry cleaning. They claim they need to keep my original topper in order for them to make a claim from their insurance but once I pushed a little on this, they changed their response to if they reimburse my original costs they now ‘own’ my original topper.

The shop owner has been extremely rude and aggressive so I have ceased trying to reach agreement with them but am looking for advice on whether or not I am being unreasonable or indeed not within my rights to request a like for like replacement, my original topper returned and refund of the dry cleaning costs? I realise that any compensation is likely to include a wear and tear element so had suggested as a compromise and in order not to escalate the matter, that I would accept what I originally paid, plus the original topper returned to me. 

I really don’t want to have to go down the small claims route so any advice very gratefully received. For context there were no t&cs made available to me at the point of depositing the dry cleaning and cannot locate any on their website.

littleboo

Why do you want the shrunk topper back, is it usable? Surely its either usable but damaged - compensation for the damage but keep the topper, or it's not usable - some payment towards a replacement, less wear and tear, but the topper is theirs. 

PHK

You are not going to get money and the original topper. Not least because that would be betterment. 

It will also be needed for an insurance claim and will become the property of the insurance company (although they may waive that right but it’s their decision)

You are entitled to a two year old Hypnos mattress topper or the cost of a second hand/refurbished Hypnos mattress topper of equivalent age. 

Personally I would have accepted the £219. 

the_lunatic_is_in_my_head

If the topper was say a month old I think it would be fair to expect a new one but as it’s two years old you have had that period of use, I’m not sure how long such an item should last as we’ve never had one but I think that should be factored in.

They should refund the dry cleaning fee for the topper but it depends on how generous £219 is compared to lifespan. 

I’d agree with the dry cleaner in that they should keep the topper if you are refunded a fair proportion for it.

uss_tish

Thanks for all the advice. I wanted the topper back either to re-use on a smaller bed, although having not seen it I don’t know what state it is in, or, donate to charity. 

On balance, it seems advice would be to accept £219 and refund of cleaning fee? 

uss_tish

Update - the father (and I presume company owner) of the shop assistant I have been dealing with has just called and has offered to replace like with like. I explained the price increase so he is getting back to me next week once he talks to the insurance company. Have to say he was lovely compared to his rude and aggressive son. 

powerful_Rogue

Then I wouldn't push for a refund of the dry cleaning fee. Remember you're only entitled to a dirty 2 year old topper instead of a brand new clean one.

cannugec5

uss_tish said:

Thanks for all the advice. I wanted the topper back either to re-use on a smaller bed, although having not seen it I don’t know what state it is in, or, donate to charity. 

On balance, it seems advice would be to accept £219 and refund of cleaning fee? 

Here, in Scotland, charity shops are only permitted to accept bedding that is brand new, for hygiene reasons. 

Bed linen on the other hand is acceptable. 

PHK

uss_tish said:

Update - the father (and I presume company owner) of the shop assistant I have been dealing with has just called and has offered to replace like with like. I explained the price increase so he is getting back to me next week once he talks to the insurance company. Have to say he was lovely compared to his rude and aggressive son. 

Notice he said like for like, not new for old. 

pinkshoes

uss_tish said:

Update - the father (and I presume company owner) of the shop assistant I have been dealing with has just called and has offered to replace like with like. I explained the price increase so he is getting back to me next week once he talks to the insurance company. Have to say he was lovely compared to his rude and aggressive son. 

Like for like would be a 2 year old second hand one of the same brand...

If they've offered the price you paid for it 2 years ago then I'd accept that!

uss_tish

Just to clarify it would be new.