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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to expect a refund when returning an unworn item with tags within 7 days to the shop?

240 replies

MichKit · 22/08/2009 19:09

... sorry, a bit if a rant coming up. I had a wedding to attend yesterday, and so on Wednesday I went shopping for a dress to wear. I couldn't find anything I liked or in my size, so in a panic I went into an LK Bennett store (out of my price range, but I was panicking!) and paid £185 for a dress. I tried it on in the store.

Anyways, the next day, I went in to Debenhams and saw another dress that I had liked I had liked the day before, but they hadn't had it in my size then. I found it on Thursday on the sale rack in my size, so was delighted and bought it, intending to return the other one to the store. I wore the Debenhams dress to the wedding and had a great time.

Anyways, I took the LK Bennett dress back to the store today, and was told point blank that there was 'damage' to the dress, and they wouldn't refund the money. I was completely shocked, especially since it was still wrapped up. I hadn't even taken it out of the wrapping, and they said the dress was not unworn as it had marks on it. I pointed out that surely other people would have tried the dress on in store, and that could have also been the reason for the marks. Again, I was practically accused of lying, and that the dress would be sent to customer services for analysis (really???).

I realise that I should have checked the dress for any marks before I bought it, but I bloody well trusted the shop assistant who packed the dress for me!!! Plus, I know that she didn't check the dress for any damage either, and the shop assistant today is claiming that she did (the one that served me was off today) They are claiming that since the dress was 'damaged' in my care, they cannot offer me a refund.

Feeling very sick, stressed and worried now, close to tears and wondering if I have lost the money for good. Please can anyone tell me what I need to do? AIBU to expect better service from a high end store. I know I live in the Liverpool area but surely that's no excuse for treating a customer like this!!

OP posts:
skydelay · 23/08/2009 20:10

You were told as long as it is unworn and the tags still on you are entitled to a full refund. Well the tags were on and the dress still in wrapper.
I would now also take my Deb Dress along with the dated receipt back to the shop and say "this is the one I wore to the wedding, just in case you thought I was trying it on".
They may be fed up of the "pro's" fleecing them and you going to all this effort may make them back down.

Original poster
MichKit · 23/08/2009 20:18

Well, I am planning to print out the dated photos of the wedding in my other dress if their customer service want to see it.

But it was so obvious that they had already made up thier minds as soon as I had walked in with the bag that I had worn the dress and I was trying it on... which is stupid because the dress had side tags on as well, and honestly who would leave those on if they were going to wear a posh dress at a wedding?

I have read more reviews of LK Bennett, and I am beginning to despair a bit, as they sound like they really don't let you have refunds!

brokenspacebar, wouldn't that be great :-) I suppose I could always do the 'do you know who I am?' routine and pretend am a WAG of a Tranmere Rovers player too ;-)

OP posts:
nancy75 · 23/08/2009 20:25

i worked for monsoon for years and although we did have lots of stuff returned that had been worn it was always easy to spot.
i wouldn't be suprised if you didnt get a refund because you took the dress back on a saturday, most shops work to a weekly target, saturday being the last day of the week and the day when they have to make the most money, i have worked for managers in the past that woould find any excuse possible to not give refunds on a saturday.
with regards to your rights they have sold you a new dress, if they are now saying it has been worn and you have not worn it then you are entitled to a refund by law as they have actually sold you an item which is either second hand or faulty.

Original poster
MichKit · 23/08/2009 20:31

Nancy, thanks for that. I returned it on the Saturday because I went to the wedding on Friday, and was at work all day Thursday... so no time to return it then. I just wanted to return it as soon as I was physically able as their returns policy said within 7 days with tags. Really didn't realise about the Saturday, as well.

I have no idea how the marks got on the dress, all I can think is that they must have been there when I bought the dress (I did not check it, just tried it on and took it to the till where she wrapped it up and passed it on to me, I was panicking about not having anything to wear for the wedding). And I didn't even notice the marks until she pointed them out to me at the till when trying to return it. Which means they were there in the first place, as I hadn't even opened the wrapper of the dress.

OP posts:
nancy75 · 23/08/2009 20:36

there is no reason you shouldnt take things back on a saturday, just letting you know why you might have to arue more on a saturday! if you havent even unwrapped it they know they are taking the piss tbh, customers are never able to return stuff folded and wrapped the way they do it in the shop.

nancy75 · 23/08/2009 20:36

argue that is !

Original poster
MichKit · 23/08/2009 20:39

I am just not able to argue properly :-( I hope I'll do a decent job of it on the phone tomorrow, though I am calling Consumer Direct first.

OP posts:
nancy75 · 23/08/2009 20:44

tbh what kind of testing are they sending it for? if somebody brings back an iten that has shrunk you can test how they washed it - they mayhave boil washed instead of hand wash for example, but if its just marked what are they testing for? - there is no test that can prove you made the marks on the dress.
when you ring them if they insist on this ridiculous sending for testing rubbish ask where they are sending it and exactly what the tests are.

Original poster
MichKit · 23/08/2009 20:50

Thanks Nancy, I don't know what testing they have sent the dress for. They just said that they are sending it for analysis, and I would hear back from customer services in about 10 days. Nothing else. They were incredibly rude in the store, and I left because I did not want to make a scene. Maybe I should have!

OP posts:
nancy75 · 23/08/2009 21:13

just had a look online looks like their customer service can be pretty bad. when you call them, if they insist on analysing the dress

  • ask what tests they will do, who will do them and what happens if they damage the dress (it is your property)

-make it clear that you will require a copy of the test results, get them to agree to this in writing/by email before you ok them to test it (sadly i know of some companies that say they have done these tests then lie about the results)

-make sure you get the name of the person you speak to and make a note yourself of the time and everything they say.

if you have no luck getting your money back write a letter of complaint to the shopping centre (if its in one), they have no actual controll over what the store does but centre management hate having to deal with unhappy customers and will put some preasure on the store to resolve the issue.

good luck!

Original poster
MichKit · 23/08/2009 21:19

Thanks Nancy, I will be keeping that in mind. I am keeping my fingers crossed, and hope that one or the other way will work. Its a lot of money to lose otherwise :-(

OP posts:
Original poster
MichKit · 24/08/2009 12:26

OK, here's how I got on. I called the customer services today, who basically said that they would speak to the store and call me back. Which they did. And told me that they would wait to analyse the dress and then contact me to let me know what they decided. I have to wait for 10 working days.

I spoke to Consumer Direct who gave me some useful advice, not brilliant for me, but certainly useful for the future. They told me that since I am asking for a refund, the burden of proof is upon me to prove that the marks on the dress were there when I bought it. If I was asking for an exchange then the burden of proof is on the retailer to prove the same. Unfortunately, this is a case of my word against the shop assistants. I can ask for an independent verification, but it will cost me money that I won't get back.

I also spoke to my credit card company, and they have told me they are sending out a form that I will have to sign and I have to send it back to them with a letter and any copies of reciepts. They will then investigate and let me know what happens in... get this... 118 days! Hmmm!

Anyway, moral of the story. Never ever again shop at LK Bennett and always check the goods at the till before you pay for them.

So its back to the waiting game for me!!

OP posts:
gagamama · 24/08/2009 14:13

Wow, that's awful. I don't see how they can insist you send the dress away, as it belongs to you, and I wouldn't trust that they weren't going to damage it/remove tags/invent 'evidence' to support their argument.

If it was me (and it's probably a bit late now, unless they do next-day delivery) I'd buy the same dress from the website, take the new dress back to the shop with the original receipt, and then return the 'damaged' dress back to their online store. I doubt their warehouse staff are as picky, and you usually get longer to return goods bought online because of the distance selling regulations. (But check the returns policy first). Would only cost you postage, but of course you risk being stuck with 2 dresses if they are truly hell bent on not giving refunds!

Original poster
MichKit · 24/08/2009 16:37

Gagamama, unfortunately, they have already taken the dress from me. I was not aware of my rights then, so I agreed to it. So now they have both the dress and my money.

Luckily for me, the CC company were pretty good about it, and the lady I spoke said that they would definitely be able to help out. Whether it means I get a refund, I don't know.

So its all up in the air now, but like people on here have advised, I am not going to let it go, as its a lot of money and shite service. Hopefully something will work out for me :-( I am planning to call customer services every couple days to make sure that they know I am not letting it go.

I am a bit nervous about having let that dress go away, but I can only hope that they are honest enough not to manufacture 'evidence'. Its going to be a nervous few days!!

OP posts:
Morloth · 24/08/2009 17:34

No no no, don't wait 10 days, call them everyday, twice a day if necessary - did you demand to speak to a manager?

I can't repeat enough, if you make enough fuss it simply isn't worth it for them to hold out. To them 185 quid is nothing and not worth the time. Nag nag nag nag nag.

Original poster
MichKit · 24/08/2009 19:18

Morloth, no I didn't.

And yes, I will call them again starting from tomorrow. This time I will request to speak with a manager or someone who makes decisions. I think I accepted quite tamely what she said on the phone and did not make a fuss.

I have just realised that I have to stand up for myself, because no one else will!

OP posts:
brimfull · 24/08/2009 19:50

how about writing to a financial jouranlist who deals wih things like this
they usually work wonders
sunday times one

hambler · 24/08/2009 19:53

michkit I am furious on your behalf.
You will win this one because you are in the right.

BetsyBoop · 24/08/2009 21:04

I agree, wear them down with nagging.

You correctly took it back for a refund under their returns policy.

They admit it is damaged (i.e. it was when they sold it to you), so this changed it to a refund on damaged goods not fit for the purpose for which they were sold.

I can't see what the "tests" will prove as both sides agree there is makeup on the dress and the tests won't prove when/how it got there.

If they keep refusing to play ball keep going up the line, pointing out you will take them to the small claims court mentioning evidence you have of lack of opportunity to wear (work & wedding photos)

Also point out that if you were trying to pull a fast one, surely you would have taken it back as "damaged" due to the makeup? You didn't do this as you hadn't had it out the bag to even notice this FFS

I'm very angry on your behalf, it's a wonder they have any customers left...

Original poster
MichKit · 24/08/2009 21:04

Hambler, thanks. I can only hope so. Ggirl, had no idea about that, but will give it a try. TBH, I am willing to try anything at this point! Fingers crossed. It's amazing how much the support from Mumsnetters has boosted my confidence! Thanks again!!

OP posts:
Original poster
MichKit · 24/08/2009 21:08

Thanks Betsyboop!

I think part of the problem is the fact that I live in a part of the UK, where apparently things like this happen all the time. But I just feel its so unfair that I have to pay for all the people who may have tried pulling a fast one on the store. Surely though, they could have easily judged that I could not have possibly worn the dress, simply because everything, including the folding was so immaculate, and the sticker that holds the wrapping has not been taken off even!!

Lessons learnt, though!

OP posts:
knpeppa · 25/08/2009 13:38

So these marks on the dress, they were bad enough for the staff to refuse to give you a refund, thinking (wrongly!) that you had damaged the dress. But inconspicuous enough to keep the dress on sale, at FULL PRICE and hope somebody (ie you) would buy it and either not notice the marks or not have the barefaced cheek to bring it back. Because if you do dare to bring it back, they can accuse you of causing the marks ...
I don't think I will be shopping there ...

DrunkenMistake · 25/08/2009 13:50

great advice you have been given so far, i certainly wont ever be shopping there!

Original poster
MichKit · 25/08/2009 15:34

Knpeppa, yup, that was it in a nutshell. And I was stupid enough to just buy without checking the dress. Esepcially since I was in a panic at having nothing to wear for the wedding (all dresses I owned were pre-DD, and didn't fit, plus I was to be the witness at the wedding!)

I called customer services again today, and basically said Iwas not comfortable with the fact that thye had the dress and my money, and that lady said there was nothing they could do until after the 'analysis'! What do they think they are? CSI?

Blood pressure is way up high today!

OP posts:
JeMeSouviens · 25/08/2009 15:49

BetsyBoop idea of lack of opportunity to wear dress is a good one. Write a time line of purchase of dress to returning, how many days, purpose of buying the dress, and if you remember what you were doing each day, eg kids to park (ie not suitable for dress wearing), and photos of you at the wedding with the date stamp if possible. Also note fact of how you returned the dress in pristine wrapping condition as you had not taken it out of bag.

Tell the store you are going to present this evidence to head office along with a written complaint about how you have been treated by staff at that particular store.