Consumer advice

A few months ago I received some books from a company that I know I hadn't ordered. I thought no more of it but they are now asking me for money or they will take me to court. Do I have to pay them?

If you are sent unsolicited goods (i.e. you gave the business no indication at all that you wanted them) then the goods are unconditionally yours and you do not have to return them or pay for them. It is also a criminal offence to demand payment for unsolicited goods sent to consumers and you should report this to Consumer Protection.

A television I bought three months ago has developed a fault but the shop I bought it from has said I need to prove the television is faulty before they do anything about it. What can I do?

Prior to 31 March 2003, if you had to take court action against the trader you would certainly have to prove the television was faulty by getting an expert to examine it for you. Now however, if you pursue certain remedies, any faults occurring within the first 6 months are assumed to be present at the time of sale. This means you are entitled to a repair or replacement unless the trader can prove to the satisfaction of the court that the goods were satisfactory at the time of sale.

At the local pub at the weekend I bought the same round three times and was charged three different amounts but because it was busy I didn't say anything to the licensee. Can anything be done to stop this happening?

At places where food and drink are sold to consumers such as pubs, hotels and restaurants, a price list must be displayed covering at least a range of 30 items that are being offered for sale. This should allow you to check what you should be charged. If no price list is displayed or if a price list is displayed but the trader is charging a higher price than that indicated, the trader may be committing an offence and should be reported to Consumer Protection.

Can I take second-hand goods back if they are faulty?

Yes, you can take second-hand goods back if they are faulty, as when you buy second-hand goods you have the same rights as when you buy new. However, you must remember that you cannot expect the same quality or durability from second-hand goods.

Do I have any consumer rights if I buy goods privately, from an individual?

Sale of Goods legislation does not apply wholly if you buy privately, although goods will still have to meet any description given by the seller or you can take action for breach of contract. You should beware of traders who pretend to be private sellers in order to avoid statutory liabilities.

Do I need proof of purchase to complain about goods?

Yes. Some proof of purchase is essential. It does not have to be a receipt - a credit card slip, cheque stub or bank statement may be enough. However a receipt is the best form of proof as it not only details how much you paid for an item but also when you bought it.

Does a warranty or guarantee give me any special rights?

A warranty or guarantee should give you rights over and above your statutory ones, but read it carefully to check what it covers. If a guarantee comes with a registration card you may have to fill this out and send it off before you are covered. The guarantee should tell you how to make a claim. Guarantees do not affect your normal statutory rights and are in addition to them. A guarantee is now legally binding on the person offering it and can be enforced through the Small Claims Court. This is particularly helpful if the retailer has ceased trading as it allows you to sue the manufacturer.

Does an incorrect description of an article for sale have to be in writing to be a false trade description?

No. An oral statement can be a false trade description although action must be taken quickly in these cases. A picture or drawing can also be a false trade description, perhaps by showing an item bigger than it really is.

Every time I buy a new electrical item the shop tries to sell me an extended warranty. Do I need to buy it and do I have any rights if I don't buy it and the item develops a fault?

Buying an extended warranty is purely at the discretion of the consumer but the cost is often quite high compared to the cost of the item purchased. If you do wish to purchase an extended warranty it may save you money if you shop around with other retailers, insurance companies and the manufacturer of the item. If you don't buy it, you still have your normal statutory rights against the retailer of the goods and you may also be provided with a manufacturers guarantee free of charge giving you additional rights against the manufacturer.

How long is a 'reasonable time' in terms of trading standards?

If you want to reject the goods and claim a full refund this should be done as soon as possible. The Act provides that you have accepted the goods once you have had a reasonable opportunity to examine them. If you wish a refund, the onus of proof is on the consumer (i.e. you) to prove there is a manufacturing defect. If you would rather accept a repair or replacement, the trader must be advised of the fault within 6 months of delivery. It then becomes the trader's responsibility to prove the goods were not faulty on delivery, as the law assumes they were.

I agreed to buy a car from a local dealer last week and put down a deposit of £100. I have now decided to buy a different car from another dealer so can I have my deposit back?

When you agreed to buy the car you entered a legally binding contract and you will be in breach of this contract if you decide not to go ahead with the purchase. The courts would probably allow the dealer to keep the deposit for holding the car for you and not selling it to anyone else. The dealer could also claim compensation from you if he has incurred any reasonable losses above the amount you left as a deposit.

I bought a new coat recently but it doesn't fit me. I took it back to the trader who didn't have my size so he offered me a credit note. Can I insist on a refund instead?

The simple answer is no, unless, when the coat was purchased the trader agreed that you would be able to return it for a refund if it didn't fit - this would then become a term of the contract. Generally consumers can only insist on a refund / exchange if the goods are not: of a satisfactory quality, fit for their purpose, or as described. Consumers are not entitled to take goods back if the goods don't fit, they have changed their mind about it or they are unwanted birthday presents. Many businesses do have returns policies but this is strictly at their discretion. So, as you are legally not entitled to anything from the trader it would be best to accept the credit note.

I bought a TV a month ago and it blew up - the retailer says they'll send it to the manufacturer under his warranty, is that OK?

Yes, if you are prepared to accept a repair. However, after such a short period of time you could well be entitled to reject the television. If you agree to accept the repair and this is unsuccessful you would be entitled to a replacement.

I had a contract with a local business for them to build an extension on my house and have paid a deposit of £500 by credit card. The business has now gone bust so am I entitled to my deposit back?

If a limited company owes you the money you can register as a creditor with the appointed liquidators who will be administering the company's debts, however it cannot be guaranteed that you will receive the money owed to you. If the business is not a limited company but a private individual or partnership then the person(s) running the business are still liable to you even if they have stopped trading. However for any payment over 100 which is made on a credit card (not a charge card) then under the provisions of Section 75 of the Consumer Credit Act 1974 the credit card company is equally liable with the trader. You should therefore contact your credit card company and explain the situation and that you wish to make a claim against them.

I had a visit from a double-glazing salesman and I paid a deposit of £500 for some new windows and signed a credit agreement for a further £4500 but I have now changed my mind. Can I cancel the contract and get my deposit back?

As the agreement was signed at your home and not at the trader's premises you should have been given a copy of the credit agreement together with details of your cancellation rights when you signed the contract. You should also receive a second copy of the agreement through the post signed by the credit company together with a second copy of your cancellation rights. You have a cooling-off period which runs from the time you signed the contract until 5 days after you receive the second copy of the contract during which you can cancel the contract without penalty and get your deposit back.

I have just ordered something over the Internet but have now seen it cheaper in a high street shop. Can I cancel the order?

When buying most types of goods over the internet (known as distance selling as the buyer and seller are not in the same place at the same time to make the transaction), the consumer has an unconditional right to cancel the contract up to seven working days after the date of delivery of the goods. The goods however must be returned in a reasonable condition so the trader can resell them. The trader can charge for the return of the goods if he has made this clear beforehand.

I have just purchased a second hand car from the small ads of the local newspaper but after only one week the clutch has gone. Can I sue the seller for compensation as I've only just bought the car?

Consumers have far fewer rights when purchasing any goods from private sellers (as opposed to buying from traders). The law requires that goods sold privately only have to be as described and they do not have to meet any minimum quality standards (except vehicles must be roadworthy and not sold in a dangerous condition). Even if the vehicle was described as very good condition you would need to prove this wasn't the case at the time of the sale. The fact that the clutch has gone doesn't necessarily prove that the vehicle wasn't in good condition.

I keep seeing 'This does not affect your statutory rights' on goods but what are my 'statutory rights'?

When you buy goods from a trader, you are always entitled to get goods which are of satisfactory quality, fit for their purpose, and as described. If they don't comply with this at the time of sale, for a short period afterwards you can return the goods and claim a full refund, or, if you have lost the right to reject you can still claim compensation e.g. the cost of a repair. As an alternative you can now request a repair or a replacement, which the trader has to provide unless it is disproportionately costly, in which case he then has to provide a full or partial refund. Faults can become apparent some time after sale (a latent fault), or an item may not be durable at the time of sale but this would not be apparent until it breaks down months later. These faults could still be considered to be present at the time of sale. It is up to you to show the goods had been faulty when you purchased them unless you request a repair or replacement and return them within 6 months in which case it is for the trader to show the goods were of satisfactory quality at the time of the sale.

I recently ordered a three-piece suite and was told delivery would be in 6 to 8 weeks time. After nine weeks it still hasn't been delivered so can I cancel the contract and get my money back?

Probably not at this stage. Time is not usually an element of a consumer contract unless it is specifically stated and the trader's statement of 6-8 weeks will just be a guide. However if the delay is unreasonable you may advise the trader that you are now making time of the essence and provide a reasonable date by when the furniture must be delivered. If it isn't delivered by this date the contract may then be cancellable.

I recently returned a faulty toaster that I bought in a half price sale but the shop wouldn't give me a refund and pointed to a sign stating No Refunds on Sale Goods. Should I now return it to the manufacturer under the guarantee?

Consumers' rights apply to sale goods as much as full price goods and so if there was a fault with the toaster at the time of the sale then you would be entitled to a refund from the retailer. Signs such as this, which attempt to restrict consumers' rights, are null and void and cannot be relied upon by the trader. They are also illegal and you should report this to your local Consumer Protection Service. Your rights against the manufacturer are in addition to any rights against the retailer and are limited to the terms of the guarantee.

I signed a credit agreement, but did not realise how long it would take to pay. Can I get out of it?

No. Once signed, a contract is binding, so make sure you understand it before you commit yourself. Remember there may be additional terms and conditions on the back of the contract, and do not be afraid to ask questions. Never sign a blank agreement or one that is not filled in properly and it is a good idea to read it first.

I think goods being sold in a shop are too expensive. Is this illegal?

No. There is no legal controls on the selling price. If false price information is given, for example by saying the goods are on sale at less than the original price, when they have always been sold at the lower price, then that is an offence.

If a supplier cancels an order for some reason, can I get my deposit back?

Yes, you are entitled to have your deposit returned. If the supplier cancels an order he will be in breach of contract and should return any money you have paid. There may be terms in your contract which allow him to keep some, or all, of your deposit in certain circumstances, however these terms will probably be unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999. You are also entitled to have your deposit returned if you have asked the trader to arrange finance for the purchase of the goods, and your application has been rejected by the finance company.

If I have bought something on credit, can I cancel it?

You do not have an automatic right to cancel a credit agreement unless it was made with the supplier in person, and if the agreement was signed 'off trade premises', for example if it was signed at your home. You should read the agreement, as it will tell you whether you have a right to cancel and how much time you have in which to do it.

If I return goods do I have to accept a 'credit note'?

If the goods are faulty or not as described, you do not have to accept a credit note. However, if you have merely changed your mind about an item, the seller is under no obligation to refund you, but might offer you a credit note as a goodwill gesture in which case you may wish to accept it. However, some credit notes last for a limited period so check this before you accept it.

If I signed an 'acceptance note' when I received the goods. Does this mean I lose my rights if something goes wrong ?

No. You are entitled to a reasonable time to check the goods for faults and as long as you return them within a reasonable time, you should be entitled to get your money refunded.

If the goods delivered by the retailer are faulty, am I responsible for the cost of returning them?

If the goods were delivered to you in a faulty condition, then it would be reasonable to expect the trader to uplift them at no extra cost to yourself. However, you may have difficulty forcing a trader to pick up faulty goods which he does not want you to reject. You would also be entitled to a refund of any delivery charge if you are rejecting the goods and claiming a refund. If you are accepting a repair or replacement then the retailer has to bear any costs, such as transporting the goods.

Is a 1 year warranty compulsory with all electrical goods?

There is no automatic entitlement to a warranty although most reputable manufacturers will offer at least a year on their products.

Is it illegal for a shop to have out-of-date food on display?

It is illegal for a shop to sell products which are past their 'use by' dates. It is not illegal to sell products that are past their 'best before' date.

Is it worth buying goods with a credit card?

If the goods cost more than £100 but less than £25,000 then it's worth buying it on your credit card, because the credit card company is then equally liable for any claim you have against the seller. This can be particularly useful if the retailer goes out of business and you want your money back.

My local supermarket never prices its bread and I'm sure they charge me a different amount every time I go in. What can I do about it?

The law requires that all goods, including food, being offered for sale to consumers should be clearly price marked so you know what you have to pay for goods. Report this to your local Consumer Protection Service who will investigate and advise the shop on the legal requirements.

My mum bought me a new computer for Christmas and I think that it's faulty but the retailer says I have no contract with him and therefore no rights. Is this true?

Strictly speaking, yes, he is correct. The contract for the sale of the goods is between the seller and your mum - she will have to take the computer back. Generally a lot of stores would deal with you if you have proof of purchase, out of goodwill. The Sale of Goods Act states the seller's liability is strict, therefore the seller is legally required to assist your mum if there are any defects.

My recent holiday turned out to be a nightmare. The hotel was in the middle of a building site, the swimming pool was filthy and the nightly entertainment schedule had been cancelled. How do I claim compensation?

You should be able to expect that a holiday reaches a reasonable standard and that any brochure descriptions are not false or misleading. Failure by the Tour Operator to comply with this may entitle you to compensation. When you are there, it is important that you complain to the company's representative in the resort as soon as possible. They may be able to resolve some of the problems or if the matter is severe, move you to another hotel. If you wish to take the complaint further you must follow the terms and conditions as stated in the brochure for making a complaint. This usually means completing a complaint form in the resort and making another written complaint when you return from the holiday. Any claim you make against the Tour Operator is more likely to succeed if you have good evidence of what occurred. This may include photographic or video evidence and you should also obtain names and addresses of other people who had the same experiences as you who will be able to corroborate your claims. A brochure that misdescribes a hotel or holiday may also be in breach of criminal legislation so you should report this matter to Consumer Protection.

Under what circumstances would I not be entitled to a refund or to exchange the goods?

You would not be entitled to a refund or exchange 1) if the goods are faulty but you have held on to the goods for too long before returning them (you may be deemed to have 'accepted' them). However you would still be entitled to a repair, or (if this causes significant inconvenience or cannot be done) an equivalent replacement. 2) If the goods are faulty and you were told about the fault before you bought them. 3) If you have damaged the goods yourself, either by ignoring advice about using them or through lack of care. 4) If there is nothing wrong with the goods and you have just changed your mind. (Some shops may agree to accept the return of the goods as a gesture of goodwill).

What can I do if I want a refund on goods or services but the retailer refuses?

If the retailer refuses to assist and you feel you have a good case, you must take action. Ultimately, you can raise a Small Claims Action in your local Sheriff Court for a small fee as long as the amount claimed is under £750. You do not require legal representation in Small Claims Actions.

What goods have to be priced?

Nearly all goods in shops and retail outlets have to be priced. Some of the exceptions include expensive jewellery and genuine antiques.

What if a retailer repairs goods but they remain faulty?

You have the same rights as before you agreed to the repair - let the shop know you are reserving the right to reject the goods when you agree to the repair attempt. Alternatively you can ask for a replacement if the repair is unsuccessful - you do not have to accept further attempts to repair. You should give the shop a reasonable opportunity to repair goods - especially if the fault is minor and the goods can be put into a satisfactory condition bearing in mind their age and use. Repair and replacement have to be carried out within a reasonable time scale and without significant inconvenience to the consumer. For example, if you think that four weeks is too long to wait for a repair to your washing machine you are entitled to request a replacement immediately.

What is a disclaimer?

A disclaimer deliberately contradicts a description when it is not known by the seller if the description is correct. For example, they are used to disclaim the accuracy of car mileage readings. The disclaimer must be as bold, precise and compelling as the description to which it relates therefore it cannot be hidden away in the small print.

What property misdescriptions are covered by the Property Misdescriptions Act?

There are over 30 types of property misdescriptions defined, including things like the location, view, proximity to amenities, sizes, history of property, construction details, price, and so on. Always check with the Trading Standards Duty Officer if you have any queries.

When I recently returned a faulty kettle the shop manager told me that there was new legislation that said that I must now accept a repair or replacement instead of getting a refund. Is this right?

If the product is returned within a reasonable period and the kettle obviously had or was developing the fault when you bought it then you are still entitled to a full refund from the trader. However, new legislation gives consumers extra rights that could allow you to insist on an exchange or repair if you prefer (and if it is reasonable for the trader to do this).

When I went to buy a television the price in the shop was £50 higher than the price they had advertised in the local newspaper. Can I go back and insist they sell it to me at the lower price?

No. Consumers cannot insist that any trader sells them goods at any particular price. A trader may refuse to sell anything to anyone. However it is an offence for traders to give misleading price indications like this and you should report it to Consumer Protection.

Will I have to make a statement or appear in court if I bring a complaint against a trader?

You do not have to give your name or address if you wish an investigation to take place, but if the matter is of a serious nature and a criminal investigation is undertaken, you may be asked to make a statement and will need to attend court if the Procurator Fiscal pursues the case. If the matter is resolved, you may still need to give a statement and attend a civil court to get compensation. You may wish to seek advice from a solicitor to pursue this route.

Will you help me write a letter of complaint if I feel I have been ripped off?

Yes. You will be advised of your legal rights and what are the best ways of complaining to a company.

With all the legislation protecting consumers, doesn't everything I buy have to come with a guarantee?

No. There is no legal requirement for a retailer or manufacturer to give consumers a guarantee and you shouldn't assume a product is covered by a guarantee without checking. However if a guarantee is provided, new legislation requires the guarantee to be written in a plain and intelligible way, in English, and it must set out the terms of the guarantee and the claims procedure. Any guarantee provided does not affect your statutory rights and this should be stated on the guarantee. Further to this, if a guarantee is indicated as being included, it must be made available to the consumer to examine, on request (this must be in writing or other durable form).

I have just found out that a second hand car I bought from a dealer three months ago has done 50,000 more miles than that indicated on the cars mileage indicator. The dealer has told me it isn't his responsibility, as he didn't know the car had done the higher mileage either. What can I do?

As the vehicle appears to have been misdescribed the trader may have committed a criminal offence and you should report the matter to Consumer Protection who will investigate the circumstances. If you have been misled by the odometer reading then depending on the amount of use you have had of the car, you may be entitled to a refund or compensation to reflect the true value of the car.