Wedding Dress Alternations and compensation rights based on consumer rights

mb_qwerty · 8 May 2018 at 9:56PM

Really hoping someone can help out as at the minute my partner is in a bit of a flat spin and I absolutely hate to see her like this!

My Fianc!e purchased a dress from a company, and then went to one of their recommended suppliers to have the dress altered - it needed taking up a set amount and there may have been some other minor jobs on the dress (I've not seen it as she wants to keep it a suprise for the big day as per tradition). The place doing the alternations have seriously screwed up the work and have taken far too much off the dress (about 3 inches) and made a terrible job of that even (the cut wasn't even straight, more of a concave cut). When she picked up the dress, the alterations place said "now don't mess with it or get it out the bag" as it had all been pressed and put away.

To cut the story short, she tried it on last Sunday, about 2 weeks after picking it up just to make sure (as anyone would do in pre-wedding) and she's noticed the massive mistakes on the dress. She's obviously devastated and has said there is no reasonable way to rectify the issue, they can't simply fix it.

The original supplier of the dress says on the website that they hold no responsibility by work carried about by a 3rd party which is fair enough, but does she have any legal basis to go back to the person who did the alternations to ask for the dress to be compensated so she can buy a new one (from the same original shop) and then obviously go somewhere else to get it altered. The wedding is in 6 weeks so time is extremely precious.

At the minute, she hasn't contacted the shop that did the alterations as she was hoping to go there this week with her bridesmaid who's extremely good in these situations, but unfortunately she just can't get out of work now, and obviously there's only so much I can do without seeing the dress etc. For info (if it matters) the dress was around £600 and the alternations £140.

Any help or advice would be greatly appreciated!

pinkshoes · 9 May 2018 at 7:11AM

She needs to email the alterations shop ASAP and put in writing the mistakes and what needs rectifying and ask when they can do it.

What was agreed in terms of alterations? Is this in writing?

Why on earth didn!!!8217;t she try it on when she collected it??

amersall · 9 May 2018 at 7:54AM

In that position, I would have tried it on as soon as possible with it being a wedding dress, wouldn't have waited 2 weeks to be honest.

soolin · 9 May 2018 at 8:42AM

pinkshoes wrote: »

She needs to email the alterations shop ASAP and put in writing the mistakes and what needs rectifying and ask when they can do it.

What was agreed in terms of alterations? Is this in writing?

Why on earth didn!!!8217;t she try it on when she collected it??

That's what I don't understand either. Something is altered so you go and collect it, try it on, make sure the alterations mean item now fits, have it wrapped and take it away. I've never ever known a tailor or dressmaker to alter something without inspecting it back on the client before letting it go.

Also, I have noticed an increase in the third party posts on here and would urge your fiancee to post as it is easier to deal with someone rather than get third party information that may or may not be accurate. Whatever happens OP can't deal with this anyway as they don't have any part of the contract, so whatever is advised here has to go back to the fiancee 3rd party and can get misunderstood.

After 2 weeks though (coming up to 3 weeks now due to delay in posting this) her options are getting very limited and I can only echo what pinkshoes says above.

Unfortunately I suspect we won't hear back from OP as we are getting a lot of these sort of 'information required' posts where they just fizzle out. Almost as though someone, a journalist or maybe a writer looking for inspiration, is writing these scenarios.

mb_qwerty · 9 May 2018 at 10:34AM

Nope I'm still here! Appreciate your comments above but the main reason I posted rather than my partner is she was heads down trying to get some coursework marked for today last night, so I posted it and sent her the link so she can monitor.

Why on earth didn!!!8217;t she try it on when she collected it??

With regards to her not trying it on, this wasn't given as an option at all when she collected the dress. When she organised to collect it the company owner just said to come down and collect rather than try on, and was very hasty to pass it back to her and get her out - I suspect as they know what they've done although this is of course just conjecture. The only reason she tried it on again was she had organised a bridal-party meet up where they were going through everything

I was hoping there was something in the Consumer Act that I'd have missed as it seems to deal with scenarios where a service has been provided (with no mention of any compensatory clauses for damage caused during the work) or if the dress was not as described when originally purchased.

I've been researching a ibt more and talking to more legally savvy friends and it seems to be breach of contract and a potential damages claim rather than a breach of the consumer rights act.

What was agreed in terms of alterations? Is this in writing?

The only writing she has says "alternations" without going into specifics, however she does have pictures with the dress pinned, and then pictures of the altered dress that clearly show a difference which may be the only saving grace.

unholyangel · 9 May 2018 at 2:24PM

mb_qwerty wrote: »

I was hoping there was something in the Consumer Act that I'd have missed as it seems to deal with scenarios where a service has been provided (with no mention of any compensatory clauses for damage caused during the work) or if the dress was not as described when originally purchased.

I've been researching a ibt more and talking to more legally savvy friends and it seems to be breach of contract and a potential damages claim rather than a breach of the consumer rights act.

A claim under the CRA is a breach of contract claim. The CRA really only sets special rules for breach of contract in a b2c contract (over and above the ordinary position of law).

But I think the relevant parts you're looking for are:

Service to be performed with reasonable care and skill
(1)Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.
(2)See section 54 for a consumer!!!8217;s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

...

(3)If the service does not conform to the contract, the consumer!!!8217;s rights (and the provisions about them and when they are available) are!!!8212;
(a)the right to require repeat performance (see section 55);
(b)the right to a price reduction (see section 56).

(6)This section and sections 55 and 56 do not prevent the consumer seeking other remedies for a breach of a term to which any of subsections (3) to (5) applies, instead of or in addition to a remedy referred to there (but not so as to recover twice for the same loss).

(7)Those other remedies include any of the following that is open to the consumer in the circumstances!!!8212;
(a)claiming damages;
(b)seeking to recover money paid where the consideration for payment of the money has failed;
(c)seeking specific performance;
(d)seeking an order for specific implement;
(e)relying on the breach against a claim by the trader under the contract;
(f)exercising a right to treat the contract as at an end.

Thats all from chapter 4 btw. Sections 49 & 54.

mb_qwerty · 9 May 2018 at 2:52PM

That's really helpful thank you. It'd be good to familiarise that so an official letter can at least be raised with concern to the applicable statements. I'd seen the first bit but the rest seems spot on. I'm sure it's going to be an uphill battle but it's something that's particularly distressing for her given there's enough stress with the wedding already. Thank you again!

pinkshoes · 9 May 2018 at 4:56PM

mb_qwerty wrote: »

That's really helpful thank you. It'd be good to familiarise that so an official letter can at least be raised with concern to the applicable statements. I'd seen the first bit but the rest seems spot on. I'm sure it's going to be an uphill battle but it's something that's particularly distressing for her given there's enough stress with the wedding already. Thank you again!

I wouldn’t go in all guns blasting initially.

Just put in writing very clearly what is wrong with the dress, that it is not acceptable, and ask them what they intend to do to rectify it.

As you have photos, then mention this when saying what is wrong.

Give a timeline by when you want a respone, making it clear that time is of the essence.

If they do not offer a suitable response (e.g. a new dress) then start mentioning court etc...

The very fact they said she shouldn't try it on and it was all wrapped up seems suspicious.

TonyMMM · 9 May 2018 at 5:21PM

You also need to consider what your hoped for outcome is ..

If the wedding is in 6 weeks, you are not realistically going to get a court case resolved by then and it is highly unlikely the shop will offer the full cost of another dress straight away.

Options are:

1) Take it back and ask for the alterations to be redone to your satisfaction, or for them to supply a replacement dress.

2) Take it to another seamstress and see what they can do, pay whatever it costs and then then try and claim it back from shop 1.

3) Go out and buy a new dress, have the wedding & enjoy the day and then try and claim the cost of the dress back later.

The chance of a claim succeeding for option 2 or 3 without at least giving them the chance to put things right are very slim.

pinkshoes · 14 May 2018 at 5:41PM

How did your fiancee get on?

Wedding Dress Alternations and compensation rights based on consumer rights

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