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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9182
Experience:  I have been practising for 30 years.
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I purchased two men's suits from M & S father who died

Customer Question

I purchased two men's suits from M & S for my father who died before he had time to wear them and I was given a refund. This refund had an expiry date of 1 year. I then contracted shingles which laid me low and lots of other issues. I went to spend my voucher of £102.95 and was told as it was a day out of date they would not honour it.
I wrote to their customer services department and had a letter today saying tough we gave you a year. As this is not a small amount of money do I have any recourse?
Ann Manning
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

Unfortunately, there is no right to a refund simply because your father died just because you change your mind or have used something or you didn’t like the colour or anything like that.

Some stores, like this one, have an excellent refund policy for used goods but it’s entirely up to them whether they refund or not and how they refund if there was nothing wrong with the goods in the first place such as, in these sad circumstances, where your father died.

So the store refunded you in actual fact when they had no legal obligation to do so.

They then refunded with a gift voucher which had a time limit on and unfortunately, whilst it seems grossly unfair, particularly in these circumstances, they are allowed to do that.

Obviously, being one day out is rather harsh but contractually they are allowed to simply bring the drawbridge down on a particular date provided it is in the contract.

Here is some narrative on the subject

As legally you have no course of action to pursue, you might want to get the name of the Chief Executive and right and appealing letter to him (rather than a complaint) explaining the circumstances and asking him to reconsider.

If that fails, that is the end of the matter. Sorry

Can I clarify anything for you?

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Best wishes.


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