Clarks refusing to exchange faulty sandals

worksurvivor

Okell said:

@worksurvivor -  perhaps I've misunderstood what Clarks have told you, but haven't they told you to take what evidence you have to the store where they were bought, and they will be able to find the transaction instore?

"I can advised [sic] you that the information you have listed above can be used instore to locate the order"

Have you gone back to the store with the info provided by your son and shown them the statement above from Clarks customer services that they should be able to locate the order?

Although others have suggested that after 6 months you need some kind of independent report showing that the sandals were "faulty" I'm not always convinced that that is necessary.  After 6 months the onus is on you to "prove" your claim on the balance of probability and I think it's perfectly open to you to rely on the mere fact of the buckle failing after 8 months or whatever as evidence in itself that the sandals obviously were not of satisfactory quality in terms of durability when they were bought.  Of course an independent report saying that would make it easier to prove your claim, but I'm not convinced it is legally necessary.  However, in the absence of an independent report it does become a "he said/she said" situation.

If Clarks either won't accept your son's evidence regarding the purchase or won't accept your argument that the sandals are obviously not of satisfactory quality, your son will have to decide if he wants issue a court claim against them.  Again, in the absence of an independent report a court would have to decide whether the sandals were not of satisfactory quality or your son had caused the damage. 

Whether you can issue a claim on his behalf or whether he would have to do that himself, I don't know.

Thanks for the detailed and helpful reply. 

I should have made it clear that the first thing I did was to take the sandals back to the branch where the manageress refused to accept them or exchange them (that is an aspect of a complaint I shall pursue separately). 

Okell

worksurvivor said:

Okell said:

@worksurvivor -  perhaps I've misunderstood what Clarks have told you, but haven't they told you to take what evidence you have to the store where they were bought, and they will be able to find the transaction instore?

"I can advised [sic] you that the information you have listed above can be used instore to locate the order"

Have you gone back to the store with the info provided by your son and shown them the statement above from Clarks customer services that they should be able to locate the order?

Although others have suggested that after 6 months you need some kind of independent report showing that the sandals were "faulty" I'm not always convinced that that is necessary.  After 6 months the onus is on you to "prove" your claim on the balance of probability and I think it's perfectly open to you to rely on the mere fact of the buckle failing after 8 months or whatever as evidence in itself that the sandals obviously were not of satisfactory quality in terms of durability when they were bought.  Of course an independent report saying that would make it easier to prove your claim, but I'm not convinced it is legally necessary.  However, in the absence of an independent report it does become a "he said/she said" situation.

If Clarks either won't accept your son's evidence regarding the purchase or won't accept your argument that the sandals are obviously not of satisfactory quality, your son will have to decide if he wants issue a court claim against them.  Again, in the absence of an independent report a court would have to decide whether the sandals were not of satisfactory quality or your son had caused the damage. 

Whether you can issue a claim on his behalf or whether he would have to do that himself, I don't know.

Thanks for the detailed and helpful reply. 

I should have made it clear that the first thing I did was to take the sandals back to the branch where the manageress refused to accept them or exchange them (that is an aspect of a complaint I shall pursue separately). 

Yes, but isn't that communication from Clarks that I've quoted suggesting that you go back to the store, show the manageress what Clarks CS has said - ie that she ought to be able to tie your son's details back to a specific transaction - and that that ought to suffice as proof of purchase?

Obviously how much effort it's worth to pursue this is up to you.  It might not be worth it