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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70188
Experience:  Over 5 years in practice
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Hello. My daughter bought an expensive skirt from a well known

Customer Question

Hello.
My daughter bought an expensive skirt from a well known high street store some 9 months ago but wore it very little so has only now needed to have it dry cleaned - as instructed on the label on the skirt. The correct cleaning process was used as the label but the skirt was made of panels that seem to be glued together and this bubbled up in the cleaning process leaving the skirt unwearable. She took it back to the shop who have said that it's passed their 6 months warranty and will not do anything about it. I would appreciate your comments.
Regards
Leon
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

What would you like to know about this please?
Customer: replied 2 years ago.

Is she entitled to a refund as the skirt did not dry clean as the lable directed and is no damaged and not wearable? It does not seem to be of reasonable quality.

Expert:  Jo C. replied 2 years ago.
There are one of 2 possibilities here and they are that either the skirt is defective or the cleaning process was defective.

I am inclined to think that whatever the glue is, is not suitable for dry cleaning contrary to what it says on the label.

I have seen very similar where there is a stiffening on the back of the material and that has bubbled up.
If it is what I'm thinking about it some kind of iron on type material which they use to add body to the main fabric.

If it is that, then I think you can successfully argue that the product is of defective manufacture and therefore it has to be free from manufacturing defects for 6 years. Wear-and-tear is obviously not included but that does not apply here.

The relevant legislation are the Supply of Goods to Consumer Regulations.

If the high street or will not replace or refund on the skirt and it was paid by credit card, you can file a section 75 claim with the credit card company which puts the liability onto the credit card company along with the merchant.

Alternatively (or an addition) you can issue Small Claims Court proceedings against the store for the cost of the skirt.

In cases like that they would normally settle without going to court quite simply because it is not worth them defending such matters in the Small Claims Court because even if they get solicitors involved, they will not recover those costs.

Here is the link to the Small Claims Court

www.moneyclaim.gov.uk

before issuing small claims proceedings you do have to warm them that if they do not agree to replace or refund (they should refund not replace) you will issue Small Claims Court proceedings.

Can I clarify anything for you ?

Jo

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