Wedding Dress Nightmare :-(

[rik76]

Hello,

Hope everyone is OK? Hopefully I will get to say hello to some or all of you in more detail at some stage, but thought I'd get straight down to matters to start ....

.....my fiance purchased her dream wedding dress July 2009, paid in full (cash) and was issued with a hand written receipt to say such. It was agreed with the shop that she could store the dress there until additional work was carried out on it prior to the wedding - sizing, additional decoration that kind of stuff.

Due to a number of personal issues (don't get me started on that! ), the wedding got put back a number of times, and wedding dress remained in storage at the wedding dress suppliers.

In 2011 my fiance went back in to try it on, which she did, and also saw the house Seamstress about alternations and additions, again the dress remained in their possession until the wedding and until the alterations etc had been carried out......

......Fast forward to July 2013. The wedding has been scheduled for 2014, and this time we're going to do it no matter what! My finance called the wedding dress shop, to be told that they cannot locate the dress and that they think they have sold it!

My finance has spoken to the manager - whom my fiance says was present both times she attended the shop and tried on the dress; this is confirmed by her signature being on the sales receipt - and she now advises that they would not have agreed to hold the dress for such a long period of time. (A fact that was not raised during the second fitting that took place after two years). The manager said they only agree to hold dresses for a maximum of three months, but she would look into it further as the person my finance originally spoke to simply may not be able to locate it, so the manger will try themselves.

Several ignored phone calls later, and no return call from the wedding shop, my finance visited them today to be advised that the dress has been sold, that they would not have agreed to hold it for so long - essentially it's tough luck! and if that was not bad enough, she is now also told that she is not even entitled to a refund. Not a great experience and at this juncture not the best of news given that we have finally reached the stage where we can finally tie the knot after so long waiting.

I wanted to know whether anyone here had some advise, or knew what our rights were in this instance. The main issue I can see are that we do not have "proof;" have anything in writing, that they retained the dress for storage. We do not have anything from them that clearly states that they have a storage policy - i.e. how long they will hold something. All we have is an official company headed hand written receipt, detailing the total value, stating paid in full and signed by the shop manager. Such are the potential pitfalls of taking people at their word I guess!

Appreciate any support, guidance or advise anyone could offer on this matter. As I am sure you can appreciate this is very emotive, but I am trying to stay level headed and work towards a quick and agreeable solution.....I am realistically resigned to the dress being gone, however to not even be refunded for the face value of the dress seems very poor; and that is very hard to take.

Thanks in advance all. Hope you can help.

 

[Witch consumer]

Regardless of their 'policies' they have taken your money for the dress and then sold it to someone else, that would be illegal then. If they didn't want to store your dress they should have contacted you and asked you to collect it, they cannot just dispose of something you own without first informing you.

I would write to them telling them you will see them in the Small Claims Court if they don't refund your money.

 

[rik76]

Thanks for the response, really appreciate it.

I agree with what you're saying, and thought as much. My only concern is how to prove that they stored it. As it stands, they are verbally admitting such as they are saying they have sold it on. If it went to claims court, would they not have a change of tact and deny all knowledge of agreeing to store. As I mentioned we have nothing in writing.

That said, would the burden of proof be on them? I mean, they would have to retain a proof of sale for the dress when selling it on to whomever they have sold it to, so I guess that in itself would be proof, no?

 

[Witch consumer]

You have the receipt and you have not received the goods, they would have to prove they made sufficient attempts to deliver the goods to you or to ask you to collect them or provide written proof of their storage policy and that they had given you this information, usually, this would be on the receipt..

 

[ALewis]

Also, I know it may be a long shot, however you may actually be able to recover the dress from the purchasers. As their contract with the shop to purchase the dress will be void, as after all, you possess the 'title' to the dress, not the shop.

Of course you'd have to find out a way of contacting the purchasers and put this misery onto them, but its possible if you have a hard enough face / the fiancé wanted that dress regardless.
Adam