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Post by Deleted on Oct 9, 2018 22:27:13 GMT -5
So. As some of you know, my dry cleaner lost my suit jacket. It's actually a newish suit, so I not only have the receipt from the cleaner, but the receipt for the purchase of the suit. I've been pestering them daily. They claim they gave it to another customer, who has not been returning their calls. They suggest that the customer may be out of town. Well that may be true. Or perhaps not...here is a review for the cleaners on Yelp: www.yelp.com/biz/symphony-cleaners-new-york-4?hrid=hEGwnUcjIBt265ke-pCrEQ&utm_campaign=www_review_share_popup&utm_medium=copy_link&utm_source=(direct)Apparently, they fib about this kind of thing. So. If you were me, how long would you allow for this possibly real, possibly mythical, other customer to get back to them with the jacket before you decide they're lying and open a can of lawyer whoop-ass to make them pay for the damn suit? A week? 2 weeks? I want the jacket. I'd rather have it than the money. Because they may in fact be lying, hoping I go away, the answer is definitely not "as long as it takes," I think. But what's reasonable, in your opinion? |
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Post by gaild on Oct 10, 2018 1:37:41 GMT -5
Is there a disclaimer on slip they give you? You know, the one that says, 'We are not responsible for loss, damage etc. of your goods.' Or do they have signs up in the shop that say they are not responsible?
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Post by Deleted on Oct 10, 2018 7:15:16 GMT -5
Is there a disclaimer on slip they give you? You know, the one that says, 'We are not responsible for loss, damage etc. of your goods.' Or do they have signs up in the shop that say they are not responsible? Trust me, as a lawyer, I'm on this!  The receipt says nothing. There's a sign in the store saying if I don't come pick it up for 30 days, they're not responsible. And if damage occurs during the dry-cleaning process, there is a limit of 10 times the value of the service you had done. That's because there's always some risk in dry-cleaning that the fabric, trim, or whatever won't hold up. Here, they outright lost the garment, and I went to pick it up the day it was supposed to be ready. Neither disclaimer applies. And since the garment is pretty new, I can prove what I paid for it with a receipt. I'm sure they have insurance for this. If they can't find it, they will have to pay, and being a lawyer, it's an annoyance, but I won't hesitate to bring it to small claims court if I must. My only pondering on the subject is how much time I give them to get it back, if in fact they aren't lying about knowing where it is. Reading those yelp reviews (which I wish I'd done earlier), this could drag it out and they may not be telling me the truth. |
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Post by gaild on Oct 10, 2018 12:18:47 GMT -5
Is there a disclaimer on slip they give you? You know, the one that says, 'We are not responsible for loss, damage etc. of your goods.' Or do they have signs up in the shop that say they are not responsible? Trust me, as a lawyer, I'm on this! The receipt says nothing. There's a sign in the store saying if I don't come pick it up for 30 days, they're not responsible. And if damage occurs during the dry-cleaning process, there is a limit of 10 times the value of the service you had done. That's because there's always some risk in dry-cleaning that the fabric, trim, or whatever won't hold up. Here, they outright lost the garment, and I went to pick it up the day it was supposed to be ready. Neither disclaimer applies. And since the garment is pretty new, I can prove what I paid for it with a receipt. I'm sure they have insurance for this. If they can't find it, they will have to pay, and being a lawyer, it's an annoyance, but I won't hesitate to bring it to small claims court if I must. My only pondering on the subject is how much time I give them to get it back, if in fact they aren't lying about knowing where it is. Reading those yelp reviews (which I wish I'd done earlier), this could drag it out and they may not be telling me the truth. I know you're a lawyer, that's why I asked about the disclaimer. I'm sure you know that disclaimers don't always hold up in court - especially if it is a notice tacked up on the wall. The defendant would have to prove that you didn't see it.
But that aside, I would ask them how much time they need to find your jacket. Then I would tell them they've half that time to find it or refund you the cost of it, or get suit sued.
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Post by Deleted on Oct 10, 2018 12:47:01 GMT -5
Here, I think the disclaimers simply don't apply -- they're about damage or my own neglect in picking something up, not their complete loss of the garment! I'm also fortunate in having not only the receipt from them, but also for the recent purchase of the suit. This is actually the first time it went to the cleaners!! That's part of why I'm so very pissed off!
If I were certain they were telling the truth about knowing exactly where the jacket was, that it was a long-time customer who will definitely return it to me, I would be fairly laid back and not get all threaten-y. But reading those yelp reviews -- it sounds like they have no trouble lying and getting evasive when they lose stuff. And my spidey senses tell me they're fibbing about something.
They're saying the customer "probably" went out of town, since she travels a lot, and they don't know how long, so they just don't know how long it will be. They also said they have her sweater, so she'll surely return looking for it. Again, hard to tell if they're just lying. One hates to be suspicious, but it seems they are not above spinning stories and using delay tactics.
I'm inclined to tell them they have two weeks, because barring unusual circumstances, few people go out of town longer than that.
I suppose I'd feel mildly bad if it turns out that this person travels for business for a month at a time...but, well, not that bad.
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Post by gaild on Oct 10, 2018 17:01:45 GMT -5
Lean on them, Cassie. Lean on them hard!
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