Returning a Faulty Pair of Shoes

[Scremersford]

I'm actually thinking about doing a Small Claim on this, because it has annoyed me so much.

I bought a pair of shoes from a well known high street store online. The third time I wore them, the strap at the side snapped and since I was at work, I had to go into a shop and buy a cheap pair to last me til the end of the day.

I also went into the branch of the shop I bought them from with the shoes and pointed out they were faulty and asked for a replacement. They were all sold out in my size and the manageress refused to give me anything other than a credit note for half the price, since they were now reduced to that, because I didn't have the receipt, saying that I couldn't prove that I hadn't paid half price for the shoes.

The shoes still had the label on the sole with the full price on them, and going through my bank statements, I can see the transaction quite clearly. The manageress however said that I'd never be able to prove that I paid full price for them and all I would get is half the price. I have a near identical pair of shoes that have lasted me for months so its clear the other shoes were faulty.

Thoughts? I know its only a pair of shoes, but the manageress was so arsy and was basically accusing me of trying to pull a fast one for the sake of £25. I didn't take the credit note and still have the shoes.

GirlOverboard I don't have the receipt, I have other proof of purchase. There is absolutely no requirement in the Sale of Goods Act that a receipt is the only proof of purchase possible. Congratulations if you keep receipts for absolutely everything you buy, I wish I was so organised.

BlueCheese I was perfectly polite and pleasant to the manageress, it was she who spoke to me as if I was something she had stood in. She basically accused me of trying to swindle them and insisted that I would never get a refund without a receipt. She was really, really unpleasant and quite shouty, as in raising her voice and talking over me when I mentioned the Sale of Goods Act. I actually felt really embarrassed and pretty uncomfortable. I did suggest going to my bank branch which was nearby and getting them to print off the transaction to show I paid full price for them, but she insisted this wouldn't be good enough either. I really don't want to go back to that shop, she was as rough as . I actually asked for a replacement pair of shoes and had no idea they were on sale.

I don't actually have a branch that near me and it is quite a detour to the nearest one.

I don't see what the drama is: you print out the online transaction, take it back in, full refund, no worries. There's a chance that if you do a small claims, it will be found that you haven't acted reasonably, and that you will have costs charged against you. Personally, I'd want my money back asap, and would do as I have suggested - showing the transaction from you bank gives no indication what you actually bought from the store, and I am not surprised that it wasn't accepted.

Alternatively, do it through the online process, send the shoes back, which, as they are faulty, the store should pay for through sending you a paid-for label, and get your refund. Job done.

If you bought it online, have you checked that it's acceptable for return to a branch? A lot of places keep the online and retail financial entities separate, so you can't return something bought from one to the other.

Before small claims, you'd be expected to follow due process, or the other side would defend on the basis that you didn't. So you'd need to follow the returns process, and sent a letter before action.

You're right that you don't need a receipt though, any proof of purchase is fine, and a bank statement will suffice (although it's not uncommon for you to have to request one from the bank, not print one from the machine, the print outs tend to be excluded).

Sale of Goods Act is quite clear that you can return it to any link in the chain of supply, Anchor. So its up to me to choose whether to return it to the retailer, the manufacturer, one of their branches, or whatever. I don't have to jump through hoops because of a business's organisational structure, and I don't really think that's a feasible defence.

The manageress was very, very adamant I wouldn't get more than half the price back whatever I did, so I am taking her as representing her employer and their company policy. I see physically attempting to return the faulty goods, and describing it, as more than equivalent to writing a letter in my attempt to get the seller to refund.

Scremersford
Sale of Goods Act is quite clear that you can return it to any link in the chain of supply, Anchor. So its up to me to choose whether to return it to the retailer, the manufacturer, one of their branches, or whatever.

That is not correct. Your rights are against the retailer. And if you bought the shoes after 1st October, then it's the Consumer Rights Act that applies.

It will be much easier for you to contact the company online to sort out your refund, than pursue a small claim (which would require you to spend a disproportionate amount of money on court costs to get your claim processed, which in theory you would get back if you won).

You sound unduly angry about this and unreasonably fixated on going to court. That is a massive waste of time when you could simply follow the correct returns procedure.

I'm still not getting why you don't just take your proof of purchase in???

If you want the claim to be a success you will have to demonstrate that you gave them every reasonable chance to put things right, which you have not.

Write to head office and explain the situation, unemotively, enclose your evidence and ask for a full refund. Give them 10 working days to get back to you and state your intention to take them to court.

You'll find more info about notice of intent and small claims on the CAB website but I suspect HQ will cave upon receipt of your letter.

You are making a mountain out of a molehill btw