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

[MichKit]

... 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!!

Morloth

I have heard that for every post in a web forum there are about 10 people who have read the thread and not posted. So LK Bennet may actually have pissed off about 300 potential customers.

I've also only been lurking but this is the worst customer service I've heard of, and I'll be avoiding them.

The small claims court needs to be your next port of call, you can do this online. Personally, as they have both the dress and your money I may be inclined to chat up a policeman and ask him for some help. It's theft to take something belonging to someone else with the intention of permanently depriving it of them. Go lurking and see which one you can chat to. It may help, worth a shot.

What dreadful customer service.

I am posting here to state that I will not be buying from LK Bennet again.

Hope you get a result, MichKit

I've been lurking too - I've eyed up a few things in LK Bennett over the years but never bought from them. I definitely won't now.

I agree with Fluffy about your next step. If Trading Standards and CD get you nowhere, write LKB a letter stating that it is a letter before action, in accordance with the Civil Procedure Rules, and that if you don't receive your refund within 14 days of the date of the letter you will take proceedings in the county court. It's very easy to make a small claim if you need to, and in my experience companies usually cave in at the point when they get the letter before action because it would cost so much to defend the claim in court.

Another person who will never buy from LKB now after reading this! Shockingly bad customer service. Please do let keep us up to date with what you do, and the outcome. I hope you get your money back!

I've been lurking too... never bought there before - never will now! I am fuming on your behalf.
BTW - go yorkshirerose! Maybe we should all do that?!

I've also sent off a standard letter from the CD website.

Good for you! You go girl!

Did you mean to leave your real name on the post though?

Ooops, no I didn't. How can I get it off?

You have your real name at the bottom of the letter Mich.

List your CCs at the bottom of the letter.

Thanks Expat, in the hard copy, I will list the CCs at the bottom.

Mich

In your OP you said that the dress was still wrapped, and that the sales assistant spotted the damage.

In your letter you said that you spotted the damage, and returned it for that reason.

Maybe Im seeing a difference where there isnt one, but I would worry that the people at LK Bennet might use that difference against you, IYSWIM. Or maybe Im just paranoid

I've been lurking on this thread too. Just noticed that in your letter you say that you decided to return the dress because you noticed the damage. This isn't true. You decided to return it (in accordance with their refund policy) because you changed your mind. Therefore the wrapping was completely intact. I think you should be stressing this, that you hadn't touched the dress since it was put into the bag by the assistant, and it is therefore impossible that you wore the dress. If you start stretching the truth, you may tie yourself in knots.

I would also be tempted to contact the police if you don't get the dress back!

Oops - cross posted

Ooh good letter, mention you'll be contactingyou solicitor presently and that you expect a reply and a refund within 7 days, if not immediately.
Always give a time frame.

I emailed them with the link to the thread the other evening. No response. Bastards.

Yes correct the bit about who noticed it too.

Mich, you might need to contact MN to get the original post deleted and then add it again - unless they can edit it for you? "Report" the post, and it will ask for your reasons, and explain.

Good luck MichKit!
Another one here who will not be shopping at LK Bennet again.
Shocking customer service, but well done - you have done all the right things so far.

For what it's worth I once had a horrendous shopping experience in Harvey Nichols where some gift vouchers I had were out of date, so I phoned Head Office beforehand to see if they were still valid, and they said yes they were (claimed the date restriction did not matter).
So I went to the shop and was about to buy some make up with them (and fully intended to continue shopping throughout the store), but my vouchers were refused, and despite politely explaining that I had phoned to check, and asking to speak to a manager, a bloody rude and chippy sales assistant made me feel like a criminal and flatly refused to even get it checked out.
I went home, wrote an extremely snotty but excessively polite letter to Harvey Nicks Head Office, and promptly received new vouchers (for more than the original amount). Irony is that I forgot to spend them and they are sitting in an envelope on my mantlepiece 2 years later, more fool me!
But i cannot let things like this lie and wish you well in your quest!

I had noticed the makeup mark when she took the dress out of its wrapping when I was returning. So I guess I did notice it, but only when returning. I assumed it was because of people trying it on in store, and didn't seriously expect that she would refuse to refund me because of that mark. She then pointed out the spots on the strap, and claimed that I had damaged the dress, when she should have realised that the dress was in its wrapping, and I couldn't have damaged it then.

In my original letter to them, I have made this clear. Just going to rewrite again to make it clear in the second letter, thanks for pointing it out to me.

Hi, Just starting then noticed typing a response that others have already posted what i was about to say. I also think your central issue is that LK sold you a dress. You returned it in the purchased the dress, yet they are now refusing to refund the dress in the same condition that they sold it in?

Just a thought, could ask if they have a formal 'checking process in place'. Bought DDs shoes last week and receipt was stamped "pair checked by XXX". Although this not conclusive, shows a checking policy is in place. Alternatively, do they have a condition of goods disclaimer that makes the customer responsible for checking condition of goods before purchase? (similar to those stating that incorrect change should be pointed out at time of transactioin). Doubt it.

So boils down to your word against theirs. I think important that they demonstrate how they have arrived at their decision, so that you have some understanding of that - even if you dont agree with that decision. It seems they havew failed to do this. I think you should stress that they have failed to show why the refund policy does not apply in your case, particularly as their own test have not conclusively shown that you were at fault. I would include evidence of the other dress purchased to increase the plausibility of your claim on a balance of probabilities.

Hope some of this helps.

Thanks, RenderedSpeechless, they don't have a formal checking process. I was at the till when the sales assistant wrapped the dress up and passed it on to me, and at no point did I see her checking over the dress to make sure it was undamaged. Perhaps I should have checked at this point, but I trusted the store then.

I don't think they have a policy that tells the customer to check before they buy either. Basically the refund policy is that, you return the goods in the same condition as they were sold with the tags and reciepts within 7 days, which I did.

Fair enough, if they had told me exactly how they arrived at their conclusion, I wuld have accepted it. But the fact is they are claiming that they could not possibly hve sold me the dress in the condition I returned it, which I know is not true, because they did sell it to me damaged.

By the way, I spoke to a nice chap at the credit card company who has assured me that they will be undertaking a full investigation as well, as they are supposed to be equally liable for the sale. Didn't know that. I asked quite a few questions, and was surprised at how nice they were, as opposed to LK Bennett's customer services.