Can we have a sticky sale of goods act or consumer rights thread?

dippermouth

I have spent many hours searching the forums for information regarding the Consumer Credit Act and Misrepresentation Act in relation to the follow-up procedure when a Credit Card Company refuses to give a refund on goods purchased by description but which were not as described.

A dedicated thread would be ideal. I can't find anyone who is, or has been, in that situation and I could do with some help on this matter.

mrsmax

I would like to see a discussion about what rights we should have and making sure people are aware of what rights they do not have. My mother recently tried to return an item that was faulty to a local major store hoping to get a refund to only be offered a repair or credit note. Although they are following company rule, how many people would be happy to have the faulty item repaired, only to have it for another six months and it to go wrong again or a credit note given when there is no other suitable option, meaning nothing as you are basically stuck with it and having to purchase a replacement elsewhere costing you more money. I think this is not made clear and should be and I would have thought to save their reputation the major store would be more willing to offer money back.

stugib

mrsmax wrote: »

I would like to see a discussion about what rights we should have and making sure people are aware of what rights they do not have.

I've learned mostly by example/cases written on this board and looking up legal advice on the web. I've often thought about drawing up a big flowchart showing people what rights they have based on how long ago they bought, how much for, etc etc as the advice out there still isn't that clear, and I'm not sure the law is so black and white to go into a flowchart format!

mrsmax wrote: »

My mother recently tried to return an item that was faulty to a local major store hoping to get a refund to only be offered a repair or credit note. Although they are following company rule, how many people would be happy to have the faulty item repaired,

That would depend on how long she'd had it, but if it's any more than a few days then it sounds like they're probably doing what they have to - raise a new thread on this board if you need more advice

Academic

Two documents which relate to buying goods & services on-line and are very useful:

The Consumer Protection (Distance Selling) Regulations 2000. This is the original legislation and it has been changed slightly by subsequent amendments but it is a useful starting point.

And a related document from the Office of Fair Trading:

A guide for businesses on distance selling. This document is very useful as it seeks to explain to businesses how the DSR relate to them (and, therefore, customers).

If you want to know some of the rights you have when buying on-line (through, for instance, the Amazon Marketplace environment) or on the telephone these 2 publications are a good starting point.

baldelectrician

I found this intersting

http://www.opsi.gov.uk/si/si2002/20023045.htm

The Sale and Supply of Goods to Consumers Regulations 2002

This has been mentioned earlier but is useful.

avensis

HI there,
ERM......... I think im probably in the wrong place but does anyone have any advice??
I am a self employed (Glos Based) decorator and have been working day and night to get people back in to their homes after last years disasterous floods. Our city was hit very badly and so a year on after thorough drying out and re-building we are getting to the end of the drama.
I have been working between 2 properties for the past 7 weeks and town being its usual council run self there is no parking. At the beginning of the work we were told by the "New span-dangle - council wardens" that they understood the situation fully and any work vans seen parked on the (single yellow line) would be left alone. Sound fair??? I thought so.....
HOwever, yesterday at !6:00 I just happened to look out of the window at work to see a traffic warden taking notes of my van so i went out to thank him for his understanding as he was the same guy that had originally said the vans would be left alone!!!!
He totally blanked me as i said hello, i jokingly said " your not booking me are you? " again.... nothing. I then said " im sure it used to be how many footsteps from the vehicle to the sign plate, you guys really have to detail these days huh?" he joked back and the builder across the road acknowledged me whispering "he's winding you up". I said goodbye and went back to work.
Now i FInally got in to my van at !9:07 and had been on since 07:00 that morning - what did i find on my windscreen dated 16:10???? And its offensive value £70.00.
Does anyone have any advice how i can put this in writing to apeal... I am so very furious about this that if i even attempt to write a letter to the council i may be a tad too sharp

Thanks for reading and i really hope someone can help

Regards

Marie

bannon11

Hi, i've just joined this page and don't know how to use it yet but can anyone help?

I recently had a free 7 day trial for a thing called highbeam which provides articles etc..I've used it before and cancelled at the end of my trial. This time i wanted to do that again but mistakingly used an old username from before and cancelled that(it was very similar and used the same email) So the deadline came and went and i've now had $200 taken out of my account!! As soon as i realised i've been trying to contact them via email but have had no reply. I understand that i ticked the terms and conditions but it's such a huge amount (annual rate). Does anyone know if i have any rights whatsoever?

DW123_2

baldelectrician wrote: »

I found this intersting

http://www.opsi.gov.uk/si/si2002/20023045.htm

The Sale and Supply of Goods to Consumers Regulations 2002

Let's look at this cos there appears to be quite a bit of confusion, particulalry as the article/sticky attached says the shop must prove a product was defective up to 6 months and you must prove thereafter. So let's examine the PART 5A of of the legislation and see what we think. Here goes....

48A Introductory
(1) This section applies if -

• (a) the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
  
  (b) the goods do not conform to the contract of sale at the time of delivery.

Fairly straightforward so far, but is the time of delivery the point when we walk out of the shop with the goods, having first paid of course, or sign for them etc (must be I think).....

2) If this section applies, the buyer has the right -

• (a) under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
  
  (b) under and in accordance with section 48C below -
  • (i) to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
    
    (ii) to rescind the contract with regard to the goods in question

The first bit says if this applies. There must be something somewhere, perhaps later that tells us if it doesn't.
In accordance with 48B (which comes later) THE BUYER not the seller may demand a repair or replacement (so it's my choice is it??)

or

I can pursuant to clause 48C require the seller to reduce the the purchase price or even rescind the contract (would that mean get my money back??) let's read on and see....

(3) For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date

Interesting this bit....by confirm we mean not of merchantable quality etc,etc as described in the Sale of Goods Act. So they must satisfy the requirements of the Sale of Goods Act for 6 months after they were delivered? Doesn't say whether or not that is in an opened or unopened condition used or unused...perhaps it says so later....

(4) Subsection (3) above does not apply if -

• (a) it is established that the goods did so conform at that date;
  
  (b) its application is incompatible with the nature of the goods or the nature of the lack of conformity.

Here where it's get's a bit sticky.....how do we as consumers establish that it didn't conform at that date. The conformity of a TV in a box cannot be established until I get it home and plug it in. Am I too late?? If it doesn't come on who's to say that I haven't somehow broken it. Most shops though would take the item back and swap it or refund at this point. There isn't a time limit though on the application of this section. So whilst I have six months according to section (3) I have no time at all according to section (4a) if the goods actually worked when I walked out of store with them. So what happens when the TV is say 6 weeks old. It's worked for 6 weeks then packed it. It obviously conformed as stated in 1(b) so no luck there. Section 3a says I have 6 months but section 4 say not cos the goods have worked for the past 6 weeks. What a dilemma!!!! perhaps the TV had an inherrent defect but I can't prove that unless I pay for an electrical engineer to prove the TV had an inherrent defect at the time of delivery. Perhaps the rest of the legislation will clarify.....

48B Repair or replacement of the goods


(1) If section 48A above applies, the buyer may require the seller -

• (a) to repair the goods, or
  
  (b) to replace the goods.

(2) If the buyer requires the seller to repair or replace the goods, the seller must -

• (a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
  
  (b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

(3) The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is -

• (a) impossible, or
  
  (b) disproportionate in comparison to the other of those remedies, or
  
  (c) disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

So for this to apply are we to first satisfy the citeria of 48A(1). We can't tell if it applies though cos my TV is 6 weeks old and I have no idea if the defect is inherrent or has just developed. What do i do?????? If the goods conformed 48B does not apply if they do it does. Confused???? Can some legal eagle point out what we are supposed to do and refer to any appropriate case law............