Help with letter of complaint about J&S needed

[Danny]

I've draughted a letter and just want some opinions on it.
I would scan in the note that I mention in the letter but my scanner just stopped working tonight.


To J&S Head Office
Dear Sir or Madam

I have been a regular customer of your branch in New Malden for several years now.
I purchased a pair of Frank Thomas Aquaboots last winter, unfortunately in the last few months they have started to fall apart. Even the plastic inside the boot which is there for safety has begun to fall out. The boots have failed to such an extent that it actually hurts when I walk in them.

I called your shop to see to arrange to get the boots replaced. I explained to the person on the phone that the boots were falling apart and that I would like a replacement, I was told that this would be no problem. Just for reference the exact phrase I used on the phone was ‘the boots are knackered’.

When I showed my boots to your store manager he said the wear on the boots was normal and to be expected. He went on to say that I could not expect anything more than ‘3 months use’ because there were only ‘cheap £40 boots’.
I was completely outraged.
I inquired as to why I was not warned when I purchased the boots that their life expectancy was only 3 months to which he replied ‘because the store was under different management at the time’. He said that he now informs all customers that these boots only last about 3 months.
By the very fact that he admitted that he now tells customers that these boots have a very short service life proves that these items are not fit for the purpose advertised. Which is in direct breach of my statutory rights.

He offered to send the boots back to the manufacturer and said it was up to them if they wanted to repair or replace the boots.
These are my only pair of winter riding boots, so this option is completely unacceptable to me.

I still have the receipt for the item and it is dated 18/12/03.
I also have a signed note from the manager explaining that he would not exchange the boots on the grounds that he regarded the ‘wear’ as ‘fair’.

Should I not receive a satisfactory reply within 7 days I will be forced to explain what happened to MCN news and the following bike forums:
https://www.bikechatforums.com/
https://www.disturbingthepeace.co.uk/
https://www.visordown.com/
https://www.yzf600r.com/
https://www.r6messagenet.com/
https://www.mcnninjas.co.uk/
Each of those forums has a membership of several thousands.
I would also be contacting trading standards.

Yours faithfully

Danny Wozny

[instigator]

Rather good, I have to say. You don't go off on one, which is always abad thing to do, as you get nowhere.

Add some more forums to that list though

[Sparks!]

Noooooooooo that's very much blackmail mate (About posting on forums) and I think that'll get you in deep doodoo

Re-think that and maybe seek some advice from Citizens Advice Bearux (sp) before writing to them...

I really think that blackmail is a bad idea...
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Current Toys: 06 Yamaha WR250F | Nissan 350Z GT | Tech 4 Homes

[EuropeanNC30R...]

Good letter, but I'd leave out the bit at the end about posting on forums. Perhaps a bit too aggressive there.

[Danny]

You may be right Yams, perhaps I should re phrase it to something that doesn't sound like blackmail. All I wanted to say is that if they don't provide me with decent customer service I would be telling others of there standards of service.

[G]

[Ade067]

Yeah I agree the posting on the forums bit is not a good idea and could land you right in the brown smelly stuff...

Have you tried contacting Frank Thomas direct? you may get more joy if you cut out the 'middle man'.

https://www.frank-thomas.co.uk/ukindex.html

[dibbster]

Add something on the end like "Should I not receive a reply within the next 14 days I will have no alternative but to take the matter up with trading standards" and leave out the forums bit.

You seem to be having a week of complaining Danny?
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Suzuki GSXR - Now stops on a sixpence; SBK3's
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[Danny]

[EuropeanNC30R...]

Is anybody else thinking...

https://www.bbc.co.uk/radio4/today/reports/archive/features/images/victor_meldrew220.jpg

[Danny]

G: Part of the soles have fallen off on both boots. But come to think of it, the boots are only advertised as:
SPECIFICATION
100% waterproof
Breathable Airflow lining
Stretch panelling
Thermo-set ankle and shin panels
Anti-slip sole
(taken from www.frank-thomas.co.uk)

There's no mention that they are only designed for use while riding a motorbike.

Ade067: I thought about that, but they would most probably make me pay for postage, which would be expensive because these boots are fairly heavy.

dibbster: Thanks, I shameless added your text to the letter.

Revised letter:
Dear Sir or Madam

I have been a regular customer of your branch in New Malden for several years now.
I purchased a pair of Frank Thomas Aquaboots last winter, unfortunately in the last few months they have started to fall apart. Even the plastic inside the boot which is there for safety has begun to fall out. The boots have failed to such an extent that it actually hurts when I walk in them.

I called your shop to see to arrange to get the boots replaced. I explained to the person on the phone that the boots were falling apart and that I would like a replacement, I was told that this would be no problem. Just for reference the exact phrase I used on the phone was ‘the boots are knackered’.

When I showed my boots to your store manager he said the wear on the boots was normal and to be expected. He went on to say that I could not expect anything more than ‘3 months use’ because there were only ‘cheap £40 boots’.
I was completely outraged.
I inquired as to why I was not warned when I purchased the boots that their life expectancy was only 3 months to which he replied ‘because the store was under different management at the time’. He said that he now informs all customers that these boots only last about 3 months.
By the very fact that he admitted that he now tells customers that these boots have a very short service life proves that these items are not fit for the purpose advertised. Which is in direct breach of my statutory rights.

He offered to send the boots back to the manufacturer and said it was up to them if they wanted to repair or replace the boots.
These are my only pair of winter riding boots, so this option is completely unacceptable to me.

I still have the receipt for the item and it is dated 18/12/03.
I also have a signed note from the manager explaining that he would not exchange the boots on the grounds that he regarded the ‘wear’ as ‘fair’.

Should I not receive a reply within the next 14 days I will have no alternative but to take the matter up with trading standards.

Yours faithfully

Danny Wozny

[Ste]

[synaptyx]

We bought a crappy mini hi-fi thing for the back room last Christmas. It crapped out last night, so I took it back to Curry's and came home with a new 'crystal' XBox... Result! I was pleasant and cheerful throughout the exchange with Curry's staff and didn't get a hint of crap from them. I used to go off it over stuff like that and make the situation 10 times worse. Smile when you ask for a new pair of boots Danny, it might just work.

[strag]

I would not bother going down the FT route, tell them your contract is with THEM not Frank Thomas. They should deal with it.
____________________
carbon bling

[Ste]

Would be worth mentioning it as I'm fairly certain Frank Thomas probably wouldn't be best pleased with J&S Accessories if they heard about the shitty service and attitude of the staff, which would cause more hassle for J&S managers.

[VTR SP1]

Danny, did the boot's come with a gaurentee?

If not as you have had them almost 11 months I dont see why they would just exchange them.
I would not take a pair of shoes back to a shop after 11 months and demand a new pair if they were falling apart.
The bit about the cheep £40 boots that last 3 months dosent really apply to your case as you have had them 11 months. Having said that the manager must be a bit of a twat for saying that about stuff he is trying to sell.

Maybe you should focus on when they started to fall apart. If this was only after a short period of time it may help your case.

Just trying to show another point of view......I am not having a go

[G]

[zx636]

Danny.

Grab the bull by the horns and contact Frank Thomas. I did with a pair of 100% waterproof gloves that leaked. Hein Gericke would do nothing but FT replaced them with no argument. They only wanted sight of the invoice and told me to keep the old ones "for summer use"
Frank Thomas have a good reputation to maintain and said they would be writing to HG about there attitude. Whether they did or not I dont know but I got what I wanted which was replacement gloves.


Get the phone number and ask for customer services, Tell them the bit about cheap £40 boots only lasting 3 months etc, that will certainly piss them off. I think you may well get them replaced which is what you are after is it not. It may take a couple of weeks but you will have to live with that.

[Danny]

I've just got off the phone to FT. They told me that I have to send the boots back to them via J&S because my contract is with J&S not them.

However they were very interested to hear the manager’s comments about these boots. They will be contacting J&S to discuss the matter.
I asked how long the boots should last for and was told 12-18months at the very least.

So I guess I'll just have to try writing to J&S and see what they say.

I've added the following text to the J&S letter:
I’ve spoken to Frank Thomas about this matter and they have informed me that these boots should certainly last more than 3 months, they estimate a life expectance of 12-18months. They also were very interested to hear your manager’s comments about the boots.

If no one else has any more suggestions for the letter I'll send it out today.

Thanks for all the help so far

[Demonic69]

European Consumer law says that any product you buy must be fit for intended ise for a reasonable period of time, which is around 2 years from a precident point of view.
basically that's saying that pretty much anything you buy should last 2 years, unless designed to last less.
____________________
Back on a Blade. Just feels so right.

[Danny]

Right, I've sent the letter to them, lets see what they say.

[zx636]

Danny.

Glad the FT Idea helped you . Even if they themselves didnt help. I am sure advising J&S what you have done will make them pull their finger out.

I only live 5 mins from J&S New Malden and do buy quite a bit from them and always found them very helpful. I dont think we should slaughter the shop for one mistake.

[True Blue]

It winds me up when shops tell me that I have to take faulty goods back to the manufacturer. Utter pish!

Just incase they tell you this (they probably will) here is a letter to send to them....



Dear Sir/Madam

Re: [make and model]

I wrote to you on [date] about the above defective [item] bought from your shop on [date]. Your reply of [date] denied liability for the defective item, claiming that I should complain to the manufacturer instead.

My claim against you is based on the amended Sale of Goods Act 1979. Section 14 of the Act requires you to supply goods of satisfactory quality. Your failure to supply such goods means that I have a claim against you for breach of contract which is unaffected by any other rights I may have under the guarantee offered by the manufacturer.

I trust that this clarifies the position and I expect to receive your written proposal for arranging for a free repair to the [item] within the next seven days.

Yours faithfully
____________________
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[Danny]

[Danny]

J & S replied back to me and have offered to replace the boots.

Thanks for everyone's help.