Compensation Advice

Amaretto

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3 October 2008
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724
Location
Lancs
Advice please.

I ordered a pair of made to measure boots in early March last year. A present to myself after a good result at the winter regionals. Paid £570.

So....the zips on said boots were faulty and failed on three occasions on the left boot when trying them on at the shop on collection. Six weeks each time to get the zip replaced. The right boot fitted perfectly, so I took this home.

On the third zip failure on the left boot, I took it home, as it was no use to the shop as it was made to measure to me. Decision was made to re-make the left boot, which again added to timescales.

Whilst waiting for the new left boot, I tried right boot on to show a friend at home and that zip then also failed, despite trying on the same boot on numerous occasions!

Reported this and had to arrange for a complete refit. Difficult with my work hours, the shop not being mega local and the rep travelling all over to sort a mutually suitable time. Got re-measured and measurements were smaller than the original measurements, so nothing to do with the original boots being too small.

Nearly fourteen months after the original fitting, my new boots are ready for collection next week.

The shop works in partnership with the manufacturers and had to send the boots away each time. They have tried their best to keep me updated but I have had no correspondence from the manufacturer direct. Everyone who has dealt with me directly has been lovely and equally exasperated.

Today, I have been offered 20% off the full price from the maunfacturer, which brings a £570 pair of boots to £456. However, the £570 has been held in their account for 14 months, so I think I should be owed interest. I also think the 20% could be bettered? Or am I being greedy?

I could have cancelled the order and gone all out over social media regarding the zip quality of a well know brand, worn by many professionals but I haven't. I have since heard that others have reported zip issues.

It would have been wonderful to wear them at Nationals last year, Home International and the recent Winters.

Could anyone help me set the precedent for situations like this, if you've experienced similar and details of the compensation you accepted?

Please don't tell me I should have cancelled order, not helpful at this late stage! :) Just could do with guidance on the situation as it stands. Thanks...
 

be positive

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9 July 2011
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19,399
I have no idea what I would consider reasonable in the circumstances but I would be waiting until I had tried on the boots before accepting anything, if they fail then I would be looking to cancel the order and get the whole amount back so I could buy elsewhere.
I think zips on boots are always going to be potentially weak and not stand up to the use they are going to get, my leather boots are over 20 years old, no zip and still in excellent condition, they don't make them like that any more.
 

WelshD

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19 October 2009
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7,855
I think I would accept the 20% but get agreement in writing as to what action is needed if the boots fail again eg: if one of the zips fails within six months you want a refund in full (only an example!)
 

Redders

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2 January 2011
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1,998
Location
Cornwall
I would want 30% and an agreement that should the Zips fail you get your money back and keep the boots so you can take them else where to get zip changed. But then I'm a firm believer in firms delivering their product fit for purpose, especially a that price, and you have already had your time messed with.

Eta- the boots to them are useless as measured to you, and they can't exactly use them as promotional when they have needed repairing so many times. It's likely they will go on the scrap heap of they fail again and they just refund you, so you might as well have them.
 
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JillA

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1 May 2007
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Shropshire
Under the new Consumer Rights Act which brings together all the old legislation you only have to allow for one attempt at repair, thereafter you can reject them and claim your money back (and they are not entitled to withhold any) http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act. If you still want the boots that is a strong negotiating point - TBH if you rejected them they would have a 100% loss, so anything they can get from you will be a bonus :)
You should also think in terms of consequential loss rather than compensation the time you have spent, your petrol/fares etc, anything else you have had to undertake to-ing and fro-ing, that way you can quantify it and they won't think you have come up with a number and doubled it.
I have just rejected some made to measure blinds because despite a couple of attempts to remedy they didn't hang right. It is irrelevant that they were made to measure, the seller has to stand the loss.
 
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popsdosh

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7 November 2008
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6,388
Under the new Consumer Rights Act which brings together all the old legislation you only have to allow for one attempt at repair, thereafter you can reject them and claim your money back (and they are not entitled to withhold any) http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act. If you still want the boots that is a strong negotiating point - TBH if you rejected them they would have a 100% loss, so anything they can get from you will be a bonus :)
You should also think in terms of consequential loss rather than compensation the time you have spent, your petrol/fares etc, anything else you have had to undertake to-ing and fro-ing, that way you can quantify it and they won't think you have come up with a number and doubled it.
I have just rejected some made to measure blinds because despite a couple of attempts to remedy they didn't hang right. It is irrelevant that they were made to measure, the seller has to stand the loss.
However this contract is pre OCt so not under the new laws. The company to my mind have made a reasonable offer to you off their own backs,If you want the Boots I wouldnt push your luck as they did not need to offer anything.. I promise you they wont be stuck with a pair of boots they will just be altered to fit the next order that comes close to matching your measurements.
 
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