Dry cleaners lost my silk dress

[SoldeInvierno]

I took a silk dress to the dry cleaners. I had payed about £160 for it, but it is by a designer calle Elie Taharie and her dresses normally cost about £400. I was lucky to get it in the sales. AIBU to expect that they give me the money needed to replace a brand new dress, and not just what I paid for it? this was about a month ago and they are still ignoring me. Anyone had this experience before?

I would never expect them to pay more than I actually paid for it

I don't know but ask to see their policy - they must have one in writing

What do you mean they are ignoring you? What have they offered you?

I think it's reasonable to ask for a replacement for the actual dress and if they didn't respond to a letter I'd consider suing in the small claims court, it's very easy to do online.

You are right Ithink. I need to ask to see their policy. It didn't occurr to me before as I was quite shocked when they said they've lost it. I just think that if there was a flood in your house, for example, and you need to get a new carpet, your insurance pays for "a carpet", and not the price you paid for the carpet 10 years ago when it was laid. I have never claimed on insurance, so I am not sure how this works, but I thought it was like that.

Have you been offered anything yet?

I think you are being highly optimistic to expect more than you paid for the dress though.

It depends on the sort of insurance you have, OP. If it is a replacement policy then you'll get the cost of replacing the item.

I have gone back to the shop 5 times, while they looked for it. Finally, they asked me to fill in a claim form, which I did. That was 3 weeks ago, still not a word. I will have to go back now, which is difficult as I am at work (plus commute) 7am till 6 pm, and therefore that only leaves Saturdays to deal with this annoying thing. I'll go back once more and then consider the small claims court. Thanks.

You paid £160 for the dress so that's what it was worth.

Threaten them with the small claims court if they don't respond.

They've lost it? I've never heard of such a thing. It must be somewhere on the premises, surely. Or do they really mean they put the wrong stuff on it and ruined it?

I would wonder if "lost" isn't covered by their policy but "used the wrong stuff and ruined it" is so it puts them in a better position to claim it's lost. But I am a cynical mare.

No, they haven't offered anything at all yet, except for apologies. I filled in the form to be sent to their head office about 3 weeks ago, and since then, it has been total silence.

They should refund you for the value of the item...what you paid is irrelevant in my mind.

OK. I am going to call the legal insurance which I get with my house insurance and see what they recommend. I am just so annoyed, as I had only worn it once and I absolutely loved that dress. I will never get it back.

Yes, they should pay you for the value it will cost to replace the dress, not what you paid.

My family own dry cleaners . Firstly things do get lost very occasionally . We have systems to check and to prevent this happening . If its lost it means someone has packed it with the wrong order and its gone to someone else . Usually this is rectified as usually honest person brings it back . This has happened a handful of times in 20 years but we are human and mistakes occur ( usually when we have young or new staff) . I expect they are putting you off in the hope it will be returned . If it was me though I would have explained that to you . Unfortunately if its a fabulous dress and it happens to be the other persons size and they are not honest it may not come back . In the case of lost items I would ask for proof of purchase and pay accordingly . We have a disclaimer on our tickets which states items lost or damage will be replaced at a rate of 5 times the cleaning price but I would still give you the amount you paid if you can prove it or look on a website etc . Is it a chain? I would complain to head office if you are not getting anywhere with the shop.

it's nothing to do with your insurance, you shoudl be claiming on the dry cleaner's insurance which will be much better than yours and covers just this sort of thing.
send a recorded delivery letter to the shop and to their head office requesting confirmation that they have sent details of your claim to their insurers and state that in the absence of any response to your previous correspondence (list it, with dates), you will proceed to small claims court action if you do not receive a response within 7 working days.
the forms are a doddle. don't compromise your own insurance no claims etc when they are covered.

Have you checked ebay to see if your dress turns up or a replacement. There's a black silk one for sale just now.

Have you told them what you paid for it? If not, then the cost to replace it would be £400, surely? The £160 is neither here nor there!

You want your dress, they haven't got it, you are surely entitled to the cost of a new one?

If I borrowed a friend's silk dress and ruined it, I would want her to have the money to replace it new, not trawl round eBay looking for a bargain - and that's what I would do for a friend. The dry cleaning company are a business, not her friends.

I think they should refund you what it would cost to get a replacement, not what you paid for it.

Asking for proof of purchase is taking the piss imo - how many people have the receipts for every item of clothing they may send to a dry cleaners.

They lost it, so should put that right, no matter what it costs them.

They should be the ones chasing around not you - take it higher up the chain, the manager / owner / CEO of the chain of business get a decision maker involved - they assuming "they" being the shop front staff maybe have damaged or lost it and rather than fess up looks like they have not been upfront with the owner maybe?

I would be steaming regardless of the cost to replace, in fairness they should claim or pay up for you to be able to buy a replacement dress at £400 it's not relevant if you only paid £160 for the dress, you entered a contract with them to clean your dress and they have lost it while on their premises.

The dress you handed to them was worn (or in any case, not new since it needed cleaning). I would think you should be able to claim the cost of a similar second hand dress. Not a new one and not the price you paid, but the material value of the goods lost.

Nevertheless, check their policy which may limit their liability, and if it does, check to see if your statutory rights are greater.