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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96425
Experience:  Lawyer
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My query is about a coat I purchased in Montreal a couple of

Customer Question

Hello,
JA: Hello. How can we be of help?
Customer: My query is about a coat I purchased in Montreal a couple of weeks' ago. Would you be able to help me on this matter?
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: I am in DC and no, I am still trying to resolve it with the shop I bought the coat from
JA: Have you contacted the manufacturer?
Customer: No, It is of Italian origin, but the shop Holt Renfrew in Montreal said they are in contact with the Importers in Montreal. I hope to speak with a person at Holt Renfrew today but they are dragging their heels, said that Import taxes forbids a return of the faulty item.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Only that the item is faulty, and when Holt Renfrew said to get it fixed in DC, (and it must not cost more than $20 for the repair)I tried two very reputable repairers who both said it shouldn't be touched as the faulty items were made at the factory level and they wouldn't take on the repair. By the way, this coat cost 1,200.00 CND plus tax.
Submitted: 1 month ago.
Category: Canada Law
Expert:  Legal Ease replied 1 month ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 1 month ago.

Are you saying Holts will not take it back?

Customer: replied 1 month ago.
When I first spoke to the assistant who sold me the coat, she went to confer with someone else and came back saying that I should get it repaired in DC, not to cost more than $20, but they couldn't take it back because of the import duty. I said that I really wanted to keep the coat but the hood was missing two of the five studs which attached the hood to the coat. I then went to a couple of reputable repairers in DC and, as I said, they wouldn't touch it. I realised I needed to speak to someone in authority and subsequently spoke to a Mr. Jorge Cauto, He also said to have it repaired. I again said that I wanted to keep the coat and suggested I send the faulty hood back to them and they send me a new hood. This seemed to prove a problem and he was going to speak to the importers in Montreal. After a few days I rang again and suggested he take a hood from another jacket, and I would send the faulty one back so they could have it repaired it in Montreal. (He admitted at this stage that he actually hadn't seen the coat and I suggested he take a look and then he would know what I was talking about. I received the new hood, only to find it had one of the five studs missing, and when I tried attaching it to the coat I discovered that on the coat, two of the five studs were of a different size and would not snap into the hood studs. So, even if all the studs on the hood were there, two of them would not attach to the coat. I have sent him photographs and details of the problems, also saying that the Manufacturer's Quality Control should have picked up the fault, also, when this coat was hung up for sale it should have been noticed because the hood on this coat, and at least one other coat, must have been hanging off by two studs, which wouldn't have snapped onto the coats had they even been there.
When I tried the coat on I didn't bother with the hood and am unsure as to whether the assistant took it off or it was off already. I was more concerned as to how the coat fitted. When I bought the coat the hood was not attached but put into a bag along with the unattached fur trim and belt. It remained in the bag until I got back to DC and I took the contents out on 10 Oct. I immediately rang the store and was put in touch with the assistant who served me.
(Just to clarify: The store I bought from is called Ogilvy, but it belongs to Holt Renfrew and the coat had a Holt Renfrew label attached. I really would like to know what my situation is, if, after I eventually speak to Jorge Cauto, (he doesn't seem to want to reply to email or return my telephone calls) he hasn't a solution.
What I would like to ask is that they have a new coat sent directly to me in DC together with a pre-paid return label and I will immediately return the coat and two hoods, etc.
The said coat has never been worn and has all the labels attached.
I hope I have managed to explain this rather complicated and tedious problem.
Expert:  Legal Ease replied 1 month ago.

I suggest that you send a letter to the head office of Oglivy and cc it to the head office of Holts and set out the facts just as you did for me. I fully understand what happened now. Make it clear that you live out of the country and will not be returning at least for some time, that you want the coat and are simply asking for the to provide you a perfect coat which is what you paid for. Make it clear that the attempts made so far are not working and that you are now not being treated acceptably.

State in the letter that you hope you do not have to deal with this through your credit card company, the consumer protection branch or the courts but will do so if necessary.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Legal Ease replied 1 month ago.

Is there anything more I can help you with at this point in time?

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