Statutory rights.... I am I in the right?

[pupuce]

I have just sent back an evening dress I bought from Whistles 5 years ago. I had recently sent it to the dry cleaners and - though I was warned by the DC shop that the pattern might disappear - they followed the instructions on the label (which we even discussed) about how to dry clean it. The pattern disappeared.... to my great disappointment as I love the dress!
I had always managed to air the dress as it was never stained and as it was an evening dress I only wore it very occasionnally (maybe once a year).

According to DC, the manufacturer is at fault as the care label said dry clean only which clearly wasn't right.... I don't think Whistles dispute this but they say the dress is too old for them to do anything..... so they are sending me a 20% off voucher and my dress back.... I don't want the 20% off...... I want my dress fixed or a new one and I want my dry cleaning bill paid !

Am I in the right to pursue this ????
Thanks.... a very sad pupuce !

Probably not, given the amount of time you have had the dress. However, you could always wait until you've got the 20% voucher and then write contesting their decision. You never know what might happen.

Wouldn't it be like anything else though.... a kind of warranty that runs out after a few months?

They could argue that you've actually had it cleaned loads of times in 5 yrs... even though you haven't.

I think shops work on the idea that dresses/shoes etc have a life expectancy - I would say 5 years is pretty good for a dress!!!

Believe me it's not a dress you can wear every day.... it's for black tie events ! So 5 years isn't that old..... and it's still fashionable too

Anyway what ever happened Whistles should not have allowed for dry cleaning.... the DC shop knew trouble could be ahead ! According to the Textile Manufacturers Association.... the responsibility for proper labelling - and therefore problems in DC when instructions are followed - lie with the dress manufacturer..... I just wonder how long does the responsibility is for.....

I just don't see how you can pursue this one./ 5 years is such a long time and I'm sure the shop could argue that in that time you could have washed it or anything. I know what you mean about it being labelled incorrectly but I'm not sure it would stand up in court.

Why not call your local trading standards office. If they back you, then go back and make a huge fuss. It's a tricky one because you bought it so long ago, but agree, the labelling sounds very dodgy.

The thing is the patter on the dress is made of flock.... which is why the dry cleaner was weary... it's applied with gue and dc gets very hot and makes the glue melt and the pattern disappear... which is EXACTLY what happened !
Thanks Aloha... I will do that.... I was wondering what they were called.... being not British.... forgot!!!

Have a look here . It suggests that within 6 years of purchase you still have the same rights (scroll down until you find "where you would not normally be entitled to a refund " etc). Incorrect labelling does fall within Trading Standards' remit so worth giving them a call.

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Well..... the dress came back today with a letter saying that they could not fix it (which is ideally what I want!) because I had dry cleaned it!!!! Also IN the letter they offer a 10% discount.... on the phone it was 20%.... I am NOT letting this one drop! I am really annoyed.... will ring them back tomorrow and ask to speak to manager.....
Thank you Robin and Liz.... I will use that info too.
I am really pxxed off about this and will rasie hell.... have nothing to loose.

As I like to complete threads
Results at last.... worth persevering. Trading Standards gave me advice which was basically I still had rights, the error was indeed with the manufacturer (Whistles) for incorrect labelling.... I did have to write 2 registered letter and threaten to start taking actions through the small claims court if I didn't hear from them by today.... (I had copied the managing director in my last letter)... I had been originally offered 10% voucher which I thought was totally not right as there was a fault THEY made... I asked for 1/5th of the value of the dress + dry cleaning bill.... the dress was 5 years old and I think I remember its price.... I got that today ! (Maybe I could have had more... who knows). Saves me from going to small claims court which I would have done. According to the "new" Customer Relations Manager, her predecessor had been terminated as there had been complaints... including mine that she hadn't dealt with complaints properly.

Thank you for all your advice at the time, it did spur me into action !

Hey, well done. It just shows that it's worth persevering in these matters.