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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10085
Experience:  30 years as a practising solicitor.
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Please help I have a consumer issue. I put my daughters wedding

Customer Question

Please help I have a consumer issue.
I put my daughters wedding dress into our local alteration/cleaners shop. I asked if they provided specialist dry cleaning service for wedding dresses and was told yes.
I collected the dress from the shop to find that the back of the dress was ruined. The feature on the back of the dress was layers of silk pleated ruffles. These layers were now flat, with no pleats, the material seams looking as if they had been pressed flat and were stressed.
When asked what had happened I was told that they were not responsible for the dress as they had no proof as to how the dress was supposed to look and they had not cleaned it. I asked who had cleaned the dress and I was told that it had been sent from their shop in Clarkston, East Ren to a cleaners in Kingspark in Glasgow. I was told that they would send the dress back to this cleaners to press the pleats back into the dress. I left the dress as I felt comfortable that it would be sorted.
I returned to collect the dress for the second time, the dress was in a worse state, the satin was now discoloured and the silk ruffles down the back of the dress were completely flat and the seams on the ruffles looked stretched. I was told that it was not this shops responsibility as they had not damaged the dress, although they had looked at replacement silk ruffles to sort the dress. I was told that it was now the issue of the cleaning company to resolve. I was informed that a lady from the cleaning company had visited the tailors shop after I had left yesterday to view the dress.
I was contacted by a lady called Michelle from the company who cleaned the dress stating that they were not responsible for the dress as they had followed the cleaning instructions for the dress and they would provide a letter stating this so that I could take the matter up with the manufacturers.

My daughters £3000 silk & satin wedding dress from Spain is still in the shop I took it to awaiting payment and collection. Please advice a distraught mother of the bride.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Your case here, if you have one (see below) is against the shop you took the dress to. That shop is responsible to you even if they sent the dress to be cleaned elsewhere. That is a basic law of contract and the shop knows this and are trying to fob you off.

Your argument in law is that it was an implied term of the contract that they would exercise reasonable care in having the dress cleaned. They or their subcontractor did not do so and they are responsible for the damage caused. You can have the dress fixed, or if need be, replaced and claim the cost from them.

Their defence is that they followed the correct instructions and that there is some kind of defect in the dress.

I suggest that before taking any action you have the dress examined by a suitable cleaning expert and the manufacturer so that the true facts can be established before you take action.

Remember in any civil action you as the pursuing party have to prove your case therefore it is vital that you get the evidence correct.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Expert:  JGM replied 3 years ago.
I hope this helps. Please leave a positive response so that I am credited for my time.

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