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To expect a refund/credit note despite having no receipt.

(64 Posts)
LEMmingaround Mon 20-Jan-14 20:13:15

So we bought DD a pair of ankle boots for school, at the end of nov begining of december.Not sure when. Anyway, they have pretty much fallen apart. I wasn't going to bother trying for a refund as we don't have the receipt but folk have told me that i should.

As they are, imo, faulty, i shouldn't need a receipt should i?

Of course without the receipt they could be years old and i could just be trying it on. But they are a new design, i know this because when we bought them i asked the woman if they were suitable for school and would last - she reassured me yes they would be fine and that she hadn't had any complaints, although they are a new style and they haven't had them long. So she should know that they aren't old.

Called the shop today, the staff member told me to take them over, he agreed with me that they were falling to bits. One was much worse than the other. This was a shop ten miles from home so a car/bus journey away. He said he would recommend a refund/credit note but had to phone his boss. She is insisting that i take the boots over there on wednesday so she can look at them herself hmm Surely if she is leaving staff in change of the shop she should give them the autonomy to make a judgement call on if the shoes need replacing.

I have bought at least four pairs of shoes from this shop before and they are not cheap. We paid £55 for the boots and they are not 3 months old yet but they are unwearable.

What are my rights? Can i insist on a credit note despite not having the receipt? Have never had this issue in bigger shops - this is a small independent shop which i try to support, but if this is what their customer service is like i think i shall be hot footing it to john lewis for DD's next pair of shoes.

Ohwhatfuckeryisthis Mon 20-Jan-14 20:24:11

Did you pay by card? If so you can show that as proof of payment. Theoretically I believe, and I'm sure someone knows this better than me, if it is not fit for purpose then you are entitled to a refund-bollox to credit note. I had similar problem last week with dd new coat that split down back. I went armed with consumer rights act, but got the smug faced twat manager quoting it's not company policy. It's going back again this weekend.

katese11 Mon 20-Jan-14 20:25:00

Yes, the person in charge should have the authority to do the refund. Yes, you should have a refund if they've agreed they're faulty. The only complicating factor is if the style went into the sale over Christmas cause without a receipt they only have to refund at current selling price (though bank statement acts as proof of purchase too)

Debs75 Mon 20-Jan-14 20:25:13

They are clearly not fit for purpose so I do think you can demand a refund. Do you pay by card? If so print out a statement, or ask at the bank and they will print it for you. That counts as a proof of purchase

LEMmingaround Mon 20-Jan-14 20:31:18

No, we paid by cash unfortunately, otherwise we would have had bank statement. The annoying thing was that i remember throwing the receipt away after about a week hmm They are not in the sale, nor were they as far as i know. Haven't seen them on sale anywhere else. A friend of mine has recently had a similar problem with the same shop but managed to get a credit note - or a similar pair of shoes but they tried everything to weedle out of it (saying that the 8 yo girl shouldnt be using them on her scooter!) err, they were school shoes.

It is really poor customer service in my opinion. Small businesses want customer support but they wont get it if their customer service is dire. It is clearly not the shops fault that the goods are faulty but surely they would then take that up with the manufacturer.

17leftfeet Mon 20-Jan-14 20:31:48

Not fit for purpose means you are entitled to a refund regardless of proof of purchase

They could argue miss use if they are a fashion boot but if they told you they are suitable for school then that forms part of your contract with them

LEMmingaround Mon 20-Jan-14 20:36:17

this is what i thought 17leftfeet - they are bastard lellikelly boots which was why i specifically asked if they would be suitable for school. I didn't realise they were lellikelly when i picked them up but they were soft and comfortable. The fault is in the sole - worn right through and sole falling off, water pissing in, the upper is fine with a few scuffs, heels completely worn but wouldn have have returned based on that, its the sole falling off that made me think, actually i want my money back.

I am happy with a credit not because i did see a nice pair of school shoes for DD. She can't wear clarks as they cut into her foot (high instep) and i hate the mary jane style for school. I had the shoes in my hand tonight with DD to try them on but i am buggered if i am going to buy them without a refund. I'll search them out elsewhere.

WestieMamma Mon 20-Jan-14 20:37:50

You don't need a receipt, you need 'proof of purchase'. This can be a receipt, bank statement or even the label if they've got the name shop on them. They only have to refund the lowest price unless you can prove you paid a higher price.

LEMmingaround Mon 20-Jan-14 20:43:28

Thsts the thing though westie I dont have proof of purchase sad

Floggingmolly Mon 20-Jan-14 20:46:56

Without proof of purchase I don't think they're obliged to do anything, not fit for purpose notwithstanding. You could have stolen them (not saying you did); then they lose twice.

katese11 Mon 20-Jan-14 20:50:04

Legally you don't need proof of purchase if they're faulty, shops just prefer you to have it. LKS are fashion shoes but the black ones are normally suitable for school

Piscivorus Mon 20-Jan-14 20:56:51

I think small independent shops are the worst for this kind of thing, large chains tend to give refunds much easier.

I bought DS a tie to wear for an interview when he left uni, he wore it once and it "plucked" badly with no obvious reason. Went back and the store owner claimed he had to return it to makers to see if they agreed it was faulty, then he just stalled and stalled so he had taken the tie back but still had my money. Eventually I had to threaten Trading Standards and Small Claims Court.

I have since met 2 other people locally who have had similar problems. It is only a matter of time till this bites them on the bum (I hope!)

Floggingmolly Mon 20-Jan-14 21:00:17

No, legally you must be able to demonstrate that the goods have been paid for to force the shop to refund.

insideleg Mon 20-Jan-14 21:03:35

Their cash office will have an electronic record of all sales. If you give them the date, time and till that was used they can check their records. I used to run a cash office for a clothes retailer and had to do this many times.

LEMmingaround Mon 20-Jan-14 21:09:13

Will wait and see what happens on Wednesday I dippose.

SkateLife Mon 20-Jan-14 21:10:43

While it's annoying school shoes have fallen apart, I don't think you'll get a refund. The shop will have to send them back to the manufacturer to get their money back. If they give you a refund, and the manufacturer says it's 'wear & tear', they'll loose out.

If you'd taken them back after a month, then I think things would be different. But after 3 months of being scraped along the ground, I don't think that's fair to the shop.

If they made shoes to withstand scooter foot drag, they'd need to be made of iron. I think your friend was wrong to ask for a refund.

I do sympathise though. My dd went right through the leather of her last Clark's by stopping her scooter with her toe. They were 3 weeks old. Ds goes through shoes regularly on his skateboard and scooter.

I think you should ask the shop to send them back to the manufacturer to be assessed as faulty.

LEMmingaround Mon 20-Jan-14 21:13:28

Id be happy with that outcome to be fair. Although 3 months is the very outside less than two is more likely but just can't remember.

LEMmingaround Mon 20-Jan-14 21:14:31

My did didn't wear them on her scooter though just to school.

katese11 Mon 20-Jan-14 21:19:30

Legally you don't need proof of purchase if they're faulty, shops just prefer you to have it. LKS are fashion shoes but the black ones are normally suitable for school

katese11 Mon 20-Jan-14 21:19:31

Legally you don't need proof of purchase if they're faulty, shops just prefer you to have it. LKS are fashion shoes but the black ones are normally suitable for school

SkateLife Mon 20-Jan-14 21:21:59

It is absolutely fair to ask them to send them back to the manufacturer to be checked for fault.

If you could remember what week you bought them, you could ask the shop to check their records to find the exact date.

I realise you didn't say your dd was scooting on them. But if one sole is worn, could she be dragging her foot?

Good luck, it's allot of money for a short wear time.

LEMmingaround Mon 20-Jan-14 21:27:31

Blimey! Its going to look like she was scooting on them isnt it?? Didn't think of that. She may have gone on her scooter once or twice but shes hardly used it this winter

17leftfeet Mon 20-Jan-14 21:47:48

Do they keep both boots in the same size on the shop floor? If not then you must have paid for them to have them surely?

kali110 Mon 20-Jan-14 21:57:32

Shops can ask you for proof of purchase even if a product is faulty. It doesnt have to be a receipt, can be credit or debit statement, to prove has been from them and not from i.e third party or stolen etc ( def not suggesting you have!)

sharonosaurus Mon 20-Jan-14 22:28:11

I took some slippers back to Moshulu as they were really worn within 8 weeks,

The manager said -" I'm not sure what to do, they have been 'well worn' could you take them to a store 10 miles away using your petrol & pay £4 to park & show them?" hmm

I asked her what she deemed 'fair usage' for a pair of slippers grin she wasn't impressed, so I walked out.

I rang head office, & they sent me a free returns label & refunded me.

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