Student in need of help - JD Sports Trainers Return

thesecretstudent

I bought some trainers on 27th August from JD Sports for £35.00. Within four weeks, I noticed there was a hole in the bottom of each sole. I was abroad and it was not rainy so I decided that I would put up with them until I was home. Upon returning home, I initiated a refund request online because the trainers were faulty on 8th October. I believe that trainers getting a hole in them within 4 weeks of semi-regular walking (on pavements) means they are faulty. Upon sending over photographic evidence, I received a call this morning saying that they were not faulty, it was just wear and tear. I explained to the gentleman on the phone that I believe they are faulty for developing a hole so quickly. He said I could have this evaluated in-store, before then choosing to have them sent off for inspection.
I decided to do that and visited my local JD Store this afternoon. The lady who I spoke to agreed with the gentleman that it was wear and tear, despite me pleading my case that they were faulty. They have been sent off for inspection and I will hear within the next two weeks of the outcome of the inspection. Inevitably, I fear they will rule that it is wear and tear as the people inspecting the trainers do not know the context that the trainers were hardly walked in. In this case, I will not receive a refund and my trainers will be 'destroyed'.
I am aware of my SAD FART rights etc. and know that I have a legitimate claim to receive a refund, how do I get past the tin-eared policy of JD Sports?
I am currently a university student and that £35 would go a long way!

born_again

thesecretstudent said:

I bought some trainers on 27th August from JD Sports for £35.00. Within four weeks, I noticed there was a hole in the bottom of each sole. I was abroad and it was not rainy so I decided that I would put up with them until I was home. Upon returning home, I initiated a refund request online because the trainers were faulty on 8th October. I believe that trainers getting a hole in them within 4 weeks of semi-regular walking (on pavements) means they are faulty. Upon sending over photographic evidence, I received a call this morning saying that they were not faulty, it was just wear and tear. I explained to the gentleman on the phone that I believe they are faulty for developing a hole so quickly. He said I could have this evaluated in-store, before then choosing to have them sent off for inspection.
I decided to do that and visited my local JD Store this afternoon. The lady who I spoke to agreed with the gentleman that it was wear and tear, despite me pleading my case that they were faulty. They have been sent off for inspection and I will hear within the next two weeks of the outcome of the inspection. Inevitably, I fear they will rule that it is wear and tear as the people inspecting the trainers do not know the context that the trainers were hardly walked in. In this case, I will not receive a refund and my trainers will be 'destroyed'.
I am aware of my SAD FART rights etc. and know that I have a legitimate claim to receive a refund, how do I get past the tin-eared policy of JD Sports?
I am currently a university student and that £35 would go a long way!

You will just have to wait & what they say.

eskbanker

OP's consumer rights aren't affected either by being a student or by their wealth (or lack thereof)!

Wear and tear should be self-evident from the condition of the rest of the soles, rather than simply the holes, but handing the shoes over to a process where they'll be destroyed without recompense if deemed appropriate isn't ideal, are there any photos of their condition?

thesecretstudent

eskbanker said:

OP's consumer rights aren't affected either by being a student or by their wealth (or lack thereof)!

Wear and tear should be self-evident from the condition of the rest of the soles, rather than simply the holes, but handing the shoes over to a process where they'll be destroyed without recompense if deemed appropriate isn't ideal, are there any photos of their condition?

Hi I am aware being a student has no impact on my rights. I have photos of the shoes

eskbanker

thesecretstudent said:

eskbanker said:

OP's consumer rights aren't affected either by being a student or by their wealth (or lack thereof)!

Wear and tear should be self-evident from the condition of the rest of the soles, rather than simply the holes, but handing the shoes over to a process where they'll be destroyed without recompense if deemed appropriate isn't ideal, are there any photos of their condition?

Hi I am aware being a student has no impact on my rights. I have photos of the shoes

Are you able and willing to share them on here?  It seems that there won't be any opportunity for anyone impartial to look at the shoes themselves so the photos are what you'd need to rely on if you wanted to pursue this further if JD don't play ball....

thesecretstudent

eskbanker said:

thesecretstudent said:

eskbanker said:

OP's consumer rights aren't affected either by being a student or by their wealth (or lack thereof)!

Wear and tear should be self-evident from the condition of the rest of the soles, rather than simply the holes, but handing the shoes over to a process where they'll be destroyed without recompense if deemed appropriate isn't ideal, are there any photos of their condition?

Hi I am aware being a student has no impact on my rights. I have photos of the shoes

Are you able and willing to share them on here?  It seems that there won't be any opportunity for anyone impartial to look at the shoes themselves so the photos are what you'd need to rely on if you wanted to pursue this further if JD don't play ball....

I think as I have a new account, I can't yet share photos

PHK

I'm not sure the opinion of forum members about photos will help. 

The position from a rights point of view is that if a fault develops in the first six months then it is for the retailer to prove it is not an inherent fault. 

They do have the right to inspect the goods. 

If after inspecting the goods they agree they are faulty then you would be offered a repair (unlikely), refund or replacement. 

If they dispute that the shoes are inherently faulty or not durable then it would be for your to counter that. Probably by writing to them with your evidence and giving them X days to refund or replace. Otherwise you'll take them to the small claims court where a judge will weigh up the evidence. (Although it's probably not worth it for £35)

So i would wait and see what they say then come back here for more advice.  

eskbanker

Agreed, I was just suggesting sharing photos on the basis that it would seem unlikely that OP will see the shoes again if two retailer reps have already dismissed the claim, and so the case will probably stand or fall on whether photos indicate an inherent fault.  But yes, first things first, they need to be given the chance to inspect and take it from there....