How to deal with JD Sports poor customer service

 

The nice Scotts/JD Sports T shirt
The nice Scotts/JD Sports T shirt

Andrea bought a Penguin Pocket Red T shirt from Scotts, part of the JD Sports chain paying £29.00. The shirt had been worn once and washed once and she returned it to the store two weeks later. She was told that the t shirt would need to be sent off for inspection despite the notice in their store saying that this would be done when items were over 90 days old.

 

Clearly a fault with JD Sports T shirt?!
Clearly a fault with JD Sports T shirt?!

She received a letter back saying that the fault was due to “contact damage”. Utterly ridiculous, what contact damage and by whom given as we believe that the hole was there at point of purchase and if it wasn’t it developed within one day’s wear and day’s wash and the hole was in the stitching which the photograph alone showed! 

 

Clearly a breach of the Sale  and Supply of Goods Act!  (From the 1st October 2015 you would now quote Consumer Rights Act 2015.) Andrea then wrote and didn’t receive a response. She emailed again and was told that they hadn’t received the letter (despite it being signed for!) but would do another inspection. She then contact me and I wrote this for her to send the CEO:

 

Dear Mr Cowgill

I received a letter from xxxx department to which my complaint was passed. However, I have already written to this department and part of my complaint was how they dealt with it. In fact the matter has now got worse. Scotts has rejected my claim regarding the faulty product. It has now since said that my letter can’t be found even though it was sent recorded delivery and was signed for, for which I obviously have proof. I am now being told to resend the t shirt. I am not going to do this. I have already sent this once and see no reason why I should be put to yet more inconvenience due to Scott’s appalling service. Under the amended Sales of Goods Act 1979 I am entitled to goods that are of satisfactory quality and fit for purpose. This t shirt clearly breaches that.

 

I expect a full refund and appropriate redress for the inconvenience caused. I look forward to hearing from you within seven days. Should I not be fully satisfied with your response I will start proceedings in the Small Claims Court against you with no further reference to you. I will be claiming for the cost of the t shirt, the cost of an independent report stating that the t shirt has only been washed once, cost of postage (recorded delivery etc.) redress for my time spent on the matter, the court fee and out of pocket expenses for attending court (e.g. work time, mileage, parking costs etc.)

Yours sincerely

 

Andrea received a call from the manager of Customer Services saying that they said they don’t think they were in breach of consumer rights (I beg to differ) but as a goodwill gesture they would refund the full amount in a voucher (I had told Andrea not to accept this, cash refund only to which he then agreed) plus £20 gift voucher on return of the t shirt. A good result in the end but the matter didn’t end there.

 

Unfortunately, Andrea wrote to customer services to say that she had thought about the conversation and couldn’t she just dispose of the garment? She received an email back to say that if she did not return the garment she would not get a refund. You must keep to your agreements you make with customer services otherwise why should they keep theirs? They were paying the postage for the return and providing a goodwill gesture so it is not unreasonable for the item to be returned, they might want it for quality control or tax purposes. It’s a fair enough statement to say no return no refund and Andrea was receiving a goodwill gesture for the inconvenience.

 

However, the matter did not end there. As often is the case in customer services, the internal communication was appalling and Andrea received an email to say that they needed the t shirt for inspection and couldn’t over turn the decision! Meanwhile, Andrea had tried to use the gift card in store and was told that there was no money on it and it would take some days for it to appear. This is obviously nonsense. She wasted more time in store trying to deal with the matter.

 

I wrote again outlining the embarrassment and poor service plus the ridiculous email she received. Andrea received a further £20 goodwill gesture receiving this time a card for £40 that worked.

 

This story outlines one of the classic fob offs trying to say that the fault was not there at point of purchase. It also highlights the need to persevere sometimes and pursue your legal rights.

 

Would you like to email JD Sports CEO? Here you go – all the contact details. You’re welcome 🙂

 

How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

For more information on how to complain effectively with tips, advice and template letters see the book How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

 

Rip Off Britain faulty goods

Top 20 Tips for Complaining Effectively

 

The ultimate guide to complaining when eating out


Cancelled bookings? Poor service? Unsatisfactory food? Your rights to redress on table with dinner on a plate

We all love eating out, but sometimes it doesn’t always go as expected. What to do when that happens:

Booking meals

A booking for a meal should be honoured. If it is not speak to the manager and try to come to some agreement perhaps a free drink while you wait for the table. If this cannot be done then ensure you inform the manager that you will be taking the matter further to claim compensation. If the booking was for a special occasion then this could be reflected in any compensation claim. Make sure that the establishment knows that the booking is for a special occasion and what that is. You can claim for loss of enjoyment and disappointment. You can also claim for out of pocket expenses such as travel. In theory you could take the matter to court but I would advise only do this where you have clear evidence that the establishment was aware of the occasion and there was significant inconvenience, otherwise it is very subjective and risky but yes of course I would and I would win!

Do try to find an alternative place to eat and evidence your attempts when complaining at the time and follow up. Remember a booking works both ways and whilst an establishment is in breach of contract if it fails to keep a booking it could, in theory, charge you for not keeping a booking!

Don't eat it and complain
Don’t eat it and complain

 

Unsatisfactory food – your rights

When it comes to unsatisfactory food or drink many of us, me included feel awkward complaining. Well, I never feel awkward complaining, more specifically I mean never knowing what someone may do to your food if you send it back! Before the many good restaurant, café and pub staff throw their arms up and say “Not me” we have all heard of stories where staff have spat on food and worse. Many have been on the media telling us what they do so it is a difficult decision. However, you must complain at the time to be taken seriously and to be able to follow up. Quote the Consumer Rights Act 2015 which entitles you to food and service that reflects the establishment. i.e. compare  a similar place serving similar food. You do have the choice of refusing a replacement course and deducting the price of the unsatisfactory item from your bill. If you are made to pay under protest complain in writing later and if possible write “Paid under protest” on the bill and take a photo of it. If you refuse to pay for anything and the establishment does not agree with you or wants to take the matter further you must leave contact details otherwise it could be considered theft!

Do not eat the food that you are complaining about.

Now most of us have our mobile ‘phones with us it is possible to take photographic evidence of food which can be used as evidence. Ensure that the photo clearly shows that it is from the establishment. You can of course, if technically savvy enough, get the location and date and time on it. Bear in mind that one person’s view of what is satisfactory may be very different to another, so be sure of your claim to redress.

Service charges – your rights

You are legally entitled to not pay the service charge if service was poor. If the charge has been absorbed into the meal then you can deduct a reasonable amount e.g. 10%. Again, use the Consumer Rights Act 2015 which entitles you to services to be carried out with “reasonable skill and care”.

Here’s an example about complaining about poor service in a café.

Food poisoning

If you believe that you have received food poisoning from an establishment where you have eaten then contact your doctor immediately. Proving that the poisoning was caused by the trader may be difficult, obviously it is made easier if more than one of you was affected. Under the Food Act 1990 it is a criminal offence for a business to serve food unfit for human consumption. You should therefore also inform the local Environmental Health Department.

Depending on the severity of the illness and your out of pocket expenses (such as loss of earnings) you may want to take legal advice regarding how much compensation to which you are entitled. In the first instance you can write directly.

Water when eating out

Personally, I object to paying for water. I am lucky to live in a developed country and therefore do not need to have bottled water. In addition I pay water rates therefore the water IS paid for! It is perfectly safe. People who drink bottled water for “health reasons” confuse me as there are no proven health benefits whatsoever. No independent research nothing. In fact many tests show that in a blind testing people prefer tap water too.

The reason for including this here is because licensing conditions came into force in April 2010 ensuring that pubs, clubs and bars are obliged to provide free water where reasonably available. Annoyingly this does not include restaurants. Ridiculous. However, it is illegal for a restaurant to try and pass tap water off as bottled water.

 

Top 20 Tips for complaining effectively.

How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

And for more advice, tips, information and templates for complaining effectively GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!