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Companies customer service Complaining about faulty goods Laws

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 🙂

 

 

Cover of How to Complain updated 2019 large cow logo

 

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!

 

 

5 top tips for complaining effectively

 

Categories
Complaining about customer service Complaining about faulty goods

10 Types of complainer which one are you?

Complainer types – some are better than others!

What type of complainer are you?
What type of complainer are you?

I believe that there are many types of complainers. Whatever type you are, this book will help you become more effective in your complaining.

The Professional Complainer

This title annoys me. A lot. I often get asked if I am a professional complainer. It is an utterly ridiculous term. I haven’t trained to be a complainer. I haven’t got any qualifications in complaining and I don’t do it as a job although  I do now take up people’s complaints for them when all else has failed and they need some help. I see this as providing consultancy advice and  not  what people mean when they ask “Are you a Professional Complainer?” No-one is a professional complainer. It is insulting to those with a profession.

The Serial Complainer

I often get asked if I am this kind of a complainer too. I think this term is best suited to people who complain continually to the same company. Frequently they have been offered some redress but they keep on spending a disproportionate amount of time on complaints. They ‘phone the company, send emails, send letters and never give up – often over trivial matters. they can also give effective complainers a bad name. The Complainers showed some of these.

The Extreme Complainer

Similar to the Serial Complainer, this person complains when the time spent is not comparable with the possible redress gained. S/he will complain about anything and everything sometimes with an end in mind but usually just for the sake of it and not because they feel genuinely aggrieved. There’s a difference between complaining about the principle of some rotten apples for £1 and complaining about the assistant who annoyingly asks “Can I help you?” and hangs around when you just want to browse. That’s subjective and annoys the heck out of me and I’ll moan about it but I won’t complain to anyone to gain redress!

The Dishonest Complainer

Serial and extreme complainers probably give people who complain effectively and regularly with good reason a bad name. In addition to wasting their own time they often waste customer service’s staff time which could be better spent with reasonable complainers. But the Dishonest Complainers are in a league of their own. They make up stories and complaints, putting hairs in meals for example, just to gain freebies. And here’s a word of warning if you are thinking about fabricating a complaint Brit couple who made ‘fake’ claim over ‘dodgy food’ at Greek hotel could lose home because they were sued back for £170,000 by the furious chain

The Opportunist Complainer

Similarities with The Dishonest Complainer, The Opportunist Complainers look for opportunities to complain and gain something to which they are usually not entitled, often keeping on at customer services until they are paid to “go away”.

The Rude Complainer

This type of complainer can often be ineffective, serial and/or extreme. Swearing and shouting at staff and/or writing abusive letters/emails rightly rarely gains redress.

The Amusing Complainer

These complainers are a little bit different. Really good amusing complainers have gained media coverage for their complaints, such as the Sons of Maxwell’s “United Breaks Guitars” song that went viral.

United Breaks Guitars

 

 and the hilarious letter written to Richard Branson regarding the food on a Virgin flight. Amusing Complainers don’t always need to know their legal rights if their correspondence is entertaining enough and the receiver has a sense of humour. This complaining style is usually effective but sometimes humour doesn’t gain redress and to ensure that they will need to become an effective complainer.

The Innovative Complainer

These are to be admired I have to say. Being innovative will usually work. Often the Amusing Complainer falls into this category but to be truly innovative the quality needs to be more than just enough to make friends and family smile. My cousin ‘phoned up a toy manufacturer’s CEO’s secretary and pretended to be from the BBC in order to gain access to the CEO. She was put through to him directly and went through her complaint. It can’t be done with every complaint but when a complainer is innovative the response is usually good.

The Ineffective Complainer

This person tries. Not assertive, not knowing their legal rights, ineffective complainers try to get refunds but rarely get them. They get fobbed off when they try and complain. The Ineffective Complainer may vent a tweet or a post on a Facebook page but not follow it up to gain redress.

The Effective Complainer

In order to always gain redress one needs to be an effective complainer. The Effective Complainers know their legal rights, assert them politely and will not be fobbed off – when the company they paid tries to blame the manufacturer or delivery company for example.

Further help with complaining

Top 20 Tips How to Complain! lots of help and advice!

5 top tips for complaining effectively

Youtube channel – lots of clips of consumer rights

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

I believe that there are many types of complainers. Whatever type you are, GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS! will help you become more effective in your complaining!

So, what kind of complainer are you?