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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70417
Experience:  Over 5 years in practice
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My store sold a "Shop Sample" wedding dress to a bride on25

Customer Question

My store sold a "Shop Sample" wedding dress to a bride on25 June 2011. The bill of sale says "Sold as seen" and was paid for by her father at a cost of £1150. on 11th February 2013 (18 months later) the bride to be wrote saying the dust marks had not come off and the dry cleaner told her it was water damage. She stares that the sales lady said these marks would come off which is firmly denied.

father of bride wants to sue for damages through small claims - do they have any rights at all? I feel they are trying to cash in on the dress as they bought another after 23rd Feb 2013 for the wedding uin April 2013. Bride to be stated that she had dress after purchase, took it to atleration and dry cleaning and then complained in Feb 2013.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

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

Do you accept there were dust marks please?
Expert:  Jo C. replied 4 years ago.
HI.

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

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

How much is he suing you for?
Customer: replied 4 years ago.

There are always marks on shop samples from the trying on, floor marks, dust and wear and tear - that is why they are sold at less than half price and the father wants to sue for the whole cost of the dress.

Expert:  Jo C. replied 4 years ago.
Sorry, the second post should have gone on a different post!

Whats her account for having it for 2 years?

Has she offered one?
Customer: replied 4 years ago.

God knows - I think she bought it as we had a sample sale and she was getting engaged in 2011

Expert:  Jo C. replied 4 years ago.
Thanks for the information.

I don't think you need to worry about this. Obviously they could sue. Sometimes people do bring unmeritorious cases.

I imagine they are alleging some form of misrepresentation.

You can deny the misrepresentation on facts - e.g your member of staff says that she didn't say the dust marks would come out. In support of that you can make the point that the price was substantially reduced to reflect that.

The real difficulty from their point of view is the delay which is not going to win them any friends at the small claims court.

If they do sue you will have to deal with this matter and unfortunately it probably waste your time but the chances of it being found against you are low.

Hope this helps. Please let me know if you need any other information.
Customer: replied 4 years ago.

Thank you for your advice. Excellent and fast service. As it happens I am the CEO of the Suzanne Neville Group and you will see from the website we are high profile Haute Couture Specialists wit over 55 stockist stores and shops of our own. We make for celebs as well as TV dresses for X Factor, Strictly etc.


 


You may wish to send me your details as we do have a certain amount of litigation and general legal matters.


 


Once again, thank you for your help.


 


With kind regards


 


Anthony M Hampton

Expert:  Jo C. replied 4 years ago.
Thanks but I'm not allowed to have contact directly under the rules of this site.

All the best.