Jane Norman Administration

aaabbbb

My sister bought a debs dress in Jane Norman on Saturday that cost over €100

This was one of the first places that she had looked for a dress so buying the dress she explained this and asked if she saw another dress that she preferred could she return the dress she bought in Jane Norman. She was told this was perfectly ok once she kept the receipt etc and returned the dress within 28 days.

So yesterday we were in Kildare village and she saw a dress that she preferred to the one in Jane Norman so decided she would return the Jane Norman dress and buy the one in Kildare village instead.

However, when we went up to return the dress today we were told that the company has gone into administration and they're not accepting any refunds/exchanges whatsoever. We were given a customer care number in the UK to call if we wanted to complain but were told by the manager in the store that there was nothing more they could do, all they could do is give us the customer services number to call.

Anyways what I wanted to ask was what are My Sister's rights regarding this ?

Ken.

None whatsoever. Change of mind is not covered even if the shop was still trading. All you'll do is waste money on phone calls

aaabbbb

ken wrote: »

None whatsoever. Change of mind is not covered even if the shop was still trading. All you'll do is waste money on phone calls

We were told at the time of purchase (before administration occurred) that for whatever reason a refund/exchange within 28 days of purchase was possible. It says the same on the back of the receipt we were given. The dress wouldn't have been bought if anything other than this was the case.

Ken.

Ah, you didn't say that in your first post. I still think with the shop in administration you'd be an unsecured creditor. Way down the list. You might be better sticking the dress on adverts or donedeal or some such site and try get back as much as you can.

hoodwinked

i don't know if this will help but the brand is owned by Edinburgh Woollen Mills, so maybe send them an email to see if they will help? also they say here they will keep the brand going as a concessions and online so if they are still trading surely you are not a creditor and still a customer?

again go to where the woollen mills are selling jane norman online and see about a refund from there, you may have to pay postage but you might get some money back.

The brand will not be axed altogether. Edinburgh Woollen Mill, which also owns Peacocks, intends to sell its clothing online and in department stores overseas. "We fundamentally believe in the Jane Norman brand and its future as a web and international concessions business," it said. "For that reason we have taken the difficult decision to restructure the business to focus on future opportunities."

http://www.theguardian.com/business/2014/jun/24/jane-norman-stores-close-administration-uk

delahuntv

hoodwinked wrote: »

i don't know if this will help but the brand is owned by Edinburgh Woollen Mills, so maybe send them an email to see if they will help? also they say here they will keep the brand going as a concessions and online so if they are still trading surely you are not a creditor and still a customer?

again go to where the woollen mills are selling jane norman online and see about a refund from there, you may have to pay postage but you might get some money back.

That is very poor advice. The Jane Norman operation is a separate legal entity with a parent company. Unless the parent company has guaranteed all the debts (very unlikely), it does not have responsibility.

When a company goes into examinership, the examiner effectively sets up a separate legal entity under court protection in order to get the best possible outcome for creditors. Any agreements, debts or other policies in place before the examinership become null and void unless the company exits examinership - but as that takes months, it is of no use to the OP.

On any case, the OP liked this dress in the first place - yes she may have seen something that she likes better, but it can still be used for the purpose it was bought for.

hoodwinked

delahuntv wrote: »

That is very poor advice. The Jane Norman operation is a separate legal entity with a parent company. Unless the parent company has guaranteed all the debts (very unlikely), it does not have responsibility.

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ok it was my understanding that after the last time it went under (in 2011) Edinburgh woollen mills bought it and therefore they owned it when the op bought the dress, so if they were the owners they might be able to help the op? also all they seem to be doing is moving the shop from a retail unit into their own stores as a concession or online so they might just help the op.

L1011

hoodwinked wrote: »

ok it was my understanding that after the last time it went under (in 2011) Edinburgh woollen mills bought it and therefore they owned it when the op bought the dress, so if they were the owners they might be able to help the op? also all they seem to be doing is moving the shop from a retail unit into their own stores as a concession or online so they might just help the op.

Putting a subsidiary in to administration is a lot more than just moving to concessions - all they're likely do is buy the brand name from the administrators.

ytpe2r5bxkn0c1

hoodwinked wrote: »

ok it was my understanding that after the last time it went under (in 2011) Edinburgh woollen mills bought it and therefore they owned it when the op bought the dress, so if they were the owners they might be able to help the op? also all they seem to be doing is moving the shop from a retail unit into their own stores as a concession or online so they might just help the op.

The pertinent point from your post is that they "might help" but there is no legal requirement for them to do anything.

hoodwinked

Clark Sour Griddle wrote: »

The pertinent point from your post is that they "might help" but there is no legal requirement for them to do anything.

i know legally they aren't obliged but no one else mentioned who owned the brand so i figured asking the actual owner might help, at worst its a wasted email at best they get it resolved, because they are in business in their own right and bought it in 2011 they might be more willing to help than staff who are worrying about their jobs and stressed out. it can't hurt to aks as long as the op stays polite and knows she is at the mercy of the owners as was pointed out because it is a change of mind.

Bepolite

delahuntv wrote: »

That is very poor advice. The Jane Norman operation is a separate legal entity with a parent company. Unless the parent company has guaranteed all the debts (very unlikely), it does not have responsibility.

When a company goes into examinership, the examiner effectively sets up a separate legal entity under court protection in order to get the best possible outcome for creditors. Any agreements, debts or other policies in place before the examinership become null and void unless the company exits examinership - but as that takes months, it is of no use to the OP.

On any case, the OP liked this dress in the first place - yes she may have seen something that she likes better, but it can still be used for the purpose it was bought for.

Quite alot of legalesse there critising a perfectly valid suggestion from another poster. It's also wrong in many aspects as advice/information. I'll give you the benefit of the doubt and assume you've looked it up to see if the business is in examership rather than recievership, or administarion which doesn;t actually exist in Ireland, but somehow happens here under EU regs of some description, fell free to enlighten me if you know.

What you're talking about in relation to a seperate legal enitiy I've no idea. A business is a legal personality and if it's under examinership is protected, it's not a new legal entity. This does not invalidate their legal obligatons under simple contract. It does make them impossible to enforce under examinership/recivership as the examiner/reciever is not liable.

I can't believe it's actually me saying this but the legal discussions forum is ---> that'a'way and practical advice is much more useful to the OP.