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Refund refused due to excessive wear

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Comments

  • Okell
    Okell Posts: 3,113 Forumite
    1,000 Posts Second Anniversary Name Dropper
    @Pippa11

    At the moment your son is 100% certain to lose £124 and have a pair of rock climbing boots that don't fit.

    If you continue he might get some money back - or he might not.

    My view would be to keep fighting and see how Rock + Run continue to react.

    Only if you send a letter before action and R + R still refuse to pay up do you really need to make any difficult decisions.  ie whether to sue them in court
  • Okell
    Okell Posts: 3,113 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Apparently contracts for necessities such as food or clothing may/can be binding for under 18's.
    So...........  you think rock climbing shoes qualify as a necessity...?
  • Undervalued
    Undervalued Posts: 9,779 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 16 October at 11:10AM
    Okell said:
    Apparently contracts for necessities such as food or clothing may/can be binding for under 18's.
    So...........  you think rock climbing shoes qualify as a necessity...?
    Difficult or dangerous to climb rocks without!

    No drink apart from water is a necessity, taken literally! Where do you draw the line? 
  • Pippa11
    Pippa11 Posts: 29 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    I have emailed them again using the very helpful advice above, I’m not convinced it will make any difference. I assume I should refuse receipt of the shoes or does it not matter? 
  • Undervalued
    Undervalued Posts: 9,779 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 16 October at 11:46AM
    Pippa11 said:
    I have emailed them again using the very helpful advice above, I’m not convinced it will make any difference. I assume I should refuse receipt of the shoes or does it not matter? 
    Keep in mind that if you do you are increasing your gamble. Your son presumably knows other rock climbers? How easy would it be to sell them "shop soiled" for say 80 quid??

    Otherwise it looks as if you will have to sue to try and recover the £124. To do that will involve risking a smallish court fee up front (which you should get back if you win). You may have to risk more on enforcement action if you win but they still don't pay - which is surprisingly common. Plus there is your time for which you are unlikely to get any compensation even if you win.

    Your call.....

    Another option is to try again and reach some kind of compromise.

    Even assuming all the "legal advice" here is correct, you are the one who will have to do the work and take the risk.


  • Renfrewman
    Renfrewman Posts: 96 Forumite
    10 Posts Name Dropper
    Okell said:
    Apparently contracts for necessities such as food or clothing may/can be binding for under 18's.
    So...........  you think rock climbing shoes qualify as a necessity...?
    The OP's son obviously does.
  • born_again
    born_again Posts: 21,509 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Pippa11 said:
    Thank you. I will go back to them again and intend to refuse delivery. 
    Not sure that refusing is a good idea.
    There is a good chance that they then get lost, leaving son with no shoes or money.
    Life in the slow lane
  • Okell
    Okell Posts: 3,113 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Pippa11 said:
    I have emailed them again using the very helpful advice above, I’m not convinced it will make any difference. I assume I should refuse receipt of the shoes or does it not matter? 
    No.  If they do send them back accept them and take good care of them!

    As @born_again has said you don't wnat to make things more complicated
  • Okell
    Okell Posts: 3,113 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Okell said:
    Apparently contracts for necessities such as food or clothing may/can be binding for under 18's.
    So...........  you think rock climbing shoes qualify as a necessity...?
    Difficult or dangerous to climb rocks without!

    No drink apart from water is a necessity, taken literally! Where do you draw the line? 
    It's not me drawing the line... although I doubt a majority of members of parliament would have considered rock climbing shoes to be a necessity rather than a luxury...

    Okell said:
    Apparently contracts for necessities such as food or clothing may/can be binding for under 18's.
    So...........  you think rock climbing shoes qualify as a necessity...?
    The OP's son obviously does.
    As above...
  • Ergates
    Ergates Posts: 3,195 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Okell said:
    Apparently contracts for necessities such as food or clothing may/can be binding for under 18's.
    So...........  you think rock climbing shoes qualify as a necessity...?
    Difficult or dangerous to climb rocks without!

    No drink apart from water is a necessity, taken literally! Where do you draw the line? 
    Somewhere before sports equipment.
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