Dear Claudienne

I bought a pair of shoes for my sister — size14ww. She is plus size and tall. The first time my sister wore the shoes the sides were torn out. I called the store and was told that I could not exchange the pair of shoes or get a refund because I bought it on sale.

I actually bought three pairs of shoes that day at the store and I was allowed to exchange the other two as they did not fit and this was after the allowed time for exchange. They also waived the exchange fee so it was not all poor service.

However, I am still hurt by the refusal to exchange the other pair of shoes as there is no way it could have been good if it just lasted less than a day.

What do you think I should do?

SW

Dear SW

We have been advised by the Consumer Affairs Commission (CAC) that if the shoes were not intentionally misused (for example standing in water while wearing them), under the Consumer Protection Act the fact that they were on sale cannot be used as an excuse not to repair or replace them.

The CAC said that it was not reasonable to expect that the consumer should purchase a pair of shoes and have its use for only a day.

However, when we spoke with the proprietor of the store, she said that the sides of the shoes came apart because your sister forced her feet into a pair of shoes that were too small for her. She said that the style of the shoes was apparently not suitable for the size and shape of your sister’s feet.

It was also explained to Tell Claudienne that on July 13 when you bought the shoes your sister did not fit them. You bought three pairs of size 13ww shoes that you hoped would fit her. On July 19 your sister accompanied you to the store where you returned two of the three pairs of size 13ww shoes as they were too small. On that occasion the proprietor said that she assisted your sister in the fitting of several shoes until she found two suitable pairs.

The proprietor said that because of the long business relationship with you she waived the exchange fee.

The CAC is of the view that since the shoes were not fitted at the time you bought them, you should try to reach a compromise with the store.

If the shoes were not made of a substandard material and can be repaired, maybe you could repair them and the store and yourself could split the cost, the CAC suggested.

The shoe material could be tested by the Bureau of Standards if you so desire.

Good luck.

Dear Claudienne

After many months (since February 2010) of no telephone service from LIME and numerous irate calls to their repair service, I finally decided to stop calling in May 2010. I thought that they behaved in this manner because my phone is a prepaid landline.

Two weeks ago I was leaving home for work about 10 am and noticed three LIME vehicles near to my home. A few days later I decided to test the phone and there it was — the magical dial tone.

The company did not call to apologise or to say they had repaired the line. Last week I tried to add minutes and was told the “account had expired”.

I called customer service and was told it would be remedied within the hour, but a full week later nothing had been done. I called again and was told by the agent. “Oh I see here where you were not topping up in the usual way with the required $600 per month.”

I pointed out that I did not top up because the line was out of use. She promised to look into the matter and call me back.

However, when I heard from LIME last week it was an agent calling to find out if I wanted to subscribe to broadband Internet. How funny.

At this stage I am so annoyed I would prefer a refund of the minutes on the account and they can keep the line.

Please look into the matter for me

DM

Dear DM

We spoke to LIME and have been advised that they called you and offered their apologies. Tell Claudienne notes that your service was restored on Tuesday with all the credit.

Good luck.

Have a problem with a store, utility, a company? Telephone 936-9436 or write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-42 1/2 Beechwood Avenue, Kingston 5; or e-mail: edwardsc@jamaicaobserver.com. Please include a contact phone number.