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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69357
Experience:  Over 5 years in practice
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I orderd a dress.But did not sign anything to order it. When

Customer Question

I orderd a dress.But did not sign anything to order it.
When it arrived it was too small.The assistant who tried it on me and saw it was too small,then informed the owner of the shop that it was too tight.It does not come in a bigger size.
The owner has written to the County Court and |I have a Claim against me for the the cost of aforesaid dress.
can I counterclaim/
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

Was it made to your specification?

Customer: replied 3 years ago.

No .I tried on a size 14 and it was too tight( the sizing was tiny) I`m a size 12-14)I was then informed a dress a size 16 would be available by Friday of that week.OK so 3 weeks later it arrived.I was informed by another assistant that if I did not want it would she like me to tell the owner.


I was then rung by the owner and told even thougfh it was late I had to have it.Albeit I did not sign for it.

Expert:  Jo C. replied 3 years ago.
Did you pay a deposit?

Is it damaged?

What do you want to counterclaim for?
Customer: replied 3 years ago.

I paid no deposit.

It is not damaged.

Counterclaim that I should not be pursued throuh the courts for a dress that is too small.Plus this was back in March!

 

I have used you before last year.I cannot get my e.mail accepted as it keeps telling me that my e.mail belongs to someone else.

Expert:  Jo C. replied 3 years ago.
Yes, you are not the first to have mentioned that fault actually. If you email customer services they will sort it out.

The short answer is that nobody has any claim worth pursuing here.

They don't need to prove that you agreed to purchase this dress in signed writing. Most contracts are not reduced to writing actually. They do need to prove that you agreed and they don't seem to have any evidence on that point.

In any event, they still have the dress to sell and it is not damage so they have suffered no loss that can be claimed from you. I suppose the very highest claim they may have is some administration costs but its very unlikely.

In relation to your claim against them, I'm afraid its a non starter. You are trying to claim compensation for inconvenience and general nuisance and thats not a head of compensation in law. The closest you could come is harassment and the fact that they are pursued a claim with no prospect of success is not harassment I'm afraid.

I wouldn't worry about this. Its very unlikely anything will happen.

Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.

Do you mean I just ignore the claim?

Expert:  Jo C. replied 3 years ago.
No, if there's a claim against you then you will have to deal with it. But you don't have a counterclaim.

If you are saying that you did not verbally agree to purchase then you just defend on the basis that there was no agreement and, anyway, there has been no consideration for this contract because they still have the dress to sell.
Customer: replied 3 years ago.

"no consideration for this contract"


Explain please

Expert:  Jo C. replied 3 years ago.
They still have the dress to sell and it is not damage so they have suffered no loss that can be claimed from you
Customer: replied 3 years ago.

One final thing.


The reason I did not take the dress ordered was that it still did not fit.My witness to this was Maria Stewart, the lady working that day who helped me try it on.


She conferred and agreed it did not fit.Thus she informed the shp owner Mrs Russell-Smith.Who would not accept our descision on the dress.Thus I now have a County Court Claim for a dress that i ordered but that did not fit.


Is this worth mentioning that i have a witness .The assistant has consequently left working for the shop.

Expert:  Jo C. replied 3 years ago.
Is she an employee of the firm?

Customer: replied 3 years ago.

She was at that time.She is no longer.

Expert:  Jo C. replied 3 years ago.

If it doesn't fit then it doesn't match its description so that is a defence in itself.

You can mention the witness.

You should certainly tell the court about her.

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