Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
What is the cost of the dress please Doreen?
How did you pay for the dress?
Thanks. I assume they do not dispute the fact that the wrinkling was not wanted and they said it was because the sample had been worn so many times?
Yes of course.
In that case you have a right to full refund under the Sale of Goods Act.
This is because the fact they said it does not come wrinkled is a description of the goods.
Therefore the goods are not as described.
That means under the Act you are entitled to a full refund.
If they refuse then you can take the following steps
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. As the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
If you purchased it all together as part of a package you are entitled to return the whole lot.
Ordinarily it would be just the dress, but as I said, if it was a complete package, you should get the whole lot back
Can I clarify anything else for you?
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I am glad to be able to help.
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