Consumer Rights Mini-Guide Discussion Area

Former_MSE_Alana
Former_MSE_Alana Posts: 252 Forumite
edited 14 June 2010 at 10:06AM in Consumer rights
This thread is specifically to discuss the



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Comments

  • mroakley
    mroakley Posts: 30 Forumite
    Am loving the new mini, pull-out consumer guide! However, one area is still unclear for me:
    What are your rights if the goods you've purchased turn out to be faulty, you can't find your receipt, and you have no other "proof of purchase" such as a credit/debit card statement because you originally paid in cash?
  • neilmcl
    neilmcl Posts: 19,460
    First Anniversary Name Dropper First Post
    Forumite
    If there's no proof of purchase then how can the "alledged" retailer be liable.
  • gordikin
    gordikin Posts: 4,422 Forumite
    mroakley wrote: »
    ...What are your rights if the goods you've purchased turn out to be faulty, you can't find your receipt, and you have no other "proof of purchase" such as a credit/debit card statement because you originally paid in cash?


    One word:- None!
  • Tozer
    Tozer Posts: 3,518 Forumite
    Without wishing to sound negative, I think this pull-out guide is far, far too simplistic.

    It is absolutely pointless just pulling out a piece of paper and quoting extracts from legal principles to sales people. If the retailer is not complying with the law, then I really fail to see how this little scrap of paper will change any minds.
  • dmg24
    dmg24 Posts: 33,925 Forumite
    Tozer wrote: »
    Without wishing to sound negative, I think this pull-out guide is far, far too simplistic.

    It is absolutely pointless just pulling out a piece of paper and quoting extracts from legal principles to sales people. If the retailer is not complying with the law, then I really fail to see how this little scrap of paper will change any minds.

    As evidenced by the OP in the following thread:

    http://forums.moneysavingexpert.com/showthread.html?t=2136093
    Gone ... or have I?
  • The mini guide is good. The question I raise is: Am I right in beleiving that the EU rules/regs re consumer protection state that all goods manufactured/purchased? in the EU should be guaranteed for a minimum 2 years. So this , if I am correct should be included. I believe this was a ruling for minimum expectation of the length of time goods should be expected to remain free from breakdown after purchase - in other words "Fit for purpose"
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    Personally think its a lot of !!!! that will lead to more threads from people who cant understand things properly, or read a contract.

    Some of the comments are questionable legally too as whilst they are correct the theory doesnt always match.
  • Canute wrote: »
    The mini guide is good. The question I raise is: Am I right in beleiving that the EU rules/regs re consumer protection state that all goods manufactured/purchased? in the EU should be guaranteed for a minimum 2 years. So this , if I am correct should be included. I believe this was a ruling for minimum expectation of the length of time goods should be expected to remain free from breakdown after purchase - in other words "Fit for purpose"

    This "secret EU law" rubbish is STILL going on? If I dismiss this at the beginning of this thread then maybe some people will listen, so here I go:

    1. An EU directive is NOT law. It is something that is to be implemented in the member states' own legal system (and in the UK this one has)
    2. It does not state that goods have to last two years. Read it:
    Article 3
    Rights of the consumer
    1. The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.
    2. In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with paragraph 3, or to have an appropriate reduction made in the price or the contract rescinded with regard to those goods, in accordance with paragraphs 5 and 6.

    Article 5
    Time limits
    1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.

    All this says is that if goods do not conform to contract at the time of sale/delivery then any limitation period for the consumer bringing action against the seller has to be greater than 2 years. In the UK it's 6 years.

    Goods conforming to contract at the time of sale (and hence lasting a reasonable length of time) is entirely dependant on the goods. While a lot of things you would try to apply this too should last at least 2 years (laptop, washing machine), a lot of things will not be expected to last at least 2 years.
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    DrScotsman wrote: »
    This "secret EU law" rubbish is STILL going on? If I dismiss this at the beginning of this thread then maybe some people will listen, so here I go:

    1. An EU directive is NOT law. It is something that is to be implemented in the member states' own legal system (and in the UK this one has)
    2. It does not state that goods have to last two years. Read it:



    All this says is that if goods do not conform to contract at the time of sale/delivery then any limitation period for the consumer bringing action against the seller has to be greater than 2 years. In the UK it's 6 years.

    Goods conforming to contract at the time of sale (and hence lasting a reasonable length of time) is entirely dependant on the goods. While a lot of things you would try to apply this too should last at least 2 years (laptop, washing machine), a lot of things will not be expected to last at least 2 years.

    Eugh, Thankyou for having sanity!

    I couldn't cope explaining what a directive is another time.
    Back by no demand whatsoever.
  • I have a problem. I just ordered 2 of the same item (some car sticker packs) from a mail order company via the internet. I was charged for 2, the invoice that came with the goods mentions 2 were enclosed but they only included one in the jiffybag.
    What are my consumer rights? Is it my word against theirs if they dig their heels in and deny all knowledge, and if so where does the burden of proof lie?
    :confused:
    Any advice?
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