Unsure of legal rights nowadays

unholyangel

Alloneword wrote: »

I would be covered under the old DSR but i have read somewhere that this has been done away with and replaced by something else (Which i presume is the Consumer Contract Regulations that bris mentioned) or are they now running side by side, i don't want to go down this route only to be stuck with something that may not be perfect for my needs.


All1

The DSRs were repealed and replaced by the Consumer Contract (information, cancellation & additional charges) regulations (CCRs).

They're incredibly similar to DSRs but there are some quite significant differences - mainly allowing retailers to deduct from the refund if the handling of the goods goes beyond what is reasonable to establish the nature, characteristics and functioning of the goods.


If you could tell us a bit more info, we may be able to suggest something to help. Such as if you want goods for a particular purpose, email the retailer and discuss your needs with them and whether that item will match those needs. If they say it will and it doesnt, you should then be covered by the Consumer Rights Act (which replaced the SOGA in b2c contracts but SoGA is still in force for b2b and private sales) and should be able to return them under that legislation rather than CCRs.

Basically CCRs are not intended to be a try before you buy - neither were the DSRs as if goods don't conform to contract, you have rights under other legislation. It was only ever to give us the opportunity to examine goods before being bound to buy them - like you can do in a physical shop.

zaax

Alloneword wrote: »

It's like those vacuum seal bags you have for food but i intend to shrink clothes to go in storage for up to 5 years, so the usual consumer stuff that you use a hoover with are no good i want something that will seal round all the edges and not blow back up like the consumer versions, do i make myself clear?

All1

The cloths will still need to be kept in dry environment (not an outdoor shed). and possibly treated with an insecticide before sealing if you're going to store them for that length of time.

System

To the OPs question, would you expect to be able to try out the vacuum bags in a shop? I doubt you'll have much success returning them once used however you buy them, most shops only allow returns 'as new' and even then you might only get a credit note. Is it really that big of a risk you need to worry about it though?

shaun_from_Africa wrote: »

Under the DSR's, a retailer was legally obliged to refund the consumer in full if the contract fell under the requirements for a cancellation and provided the retailer was informed of the wish to cancel within the required time.
The full refund had to be given irrespective of the condition of the returned goods.
In fact, they were legally required to refund within 30 days of received notification of the wish to cancel even if they did not receive the goods back.

Under the DSRs the consumer was still under a duty to take "reasonable care" of the goods. If they failed to do so, the seller could claim damages http://www.legislation.gov.uk/uksi/2000/2334/regulation/17/made

So if the buyer returned goods in poor condition or not at all, the seller could refuse/reduce the refund and there would be little the buyer could do about it. The seller would have a legitimate counter claim. Don't know if anything like this ever made as far as a court but it would have been interesting. "Yeah I did send it back in pieces, but I am now claiming for my full refund, they refused and I know my rights, M'lud."

Like the Consumer Rights Act, one of the mains aims in the CCRs was making things clearer for everyone, so everyone understood exactly what their rights are. They really haven't changed much in practical terms, things are just more explicitly stated e.g 30 day right to reject instead of a "reasonable time."

shaun_from_Africa

mutzi wrote: »

So if the buyer returned goods in poor condition or not at all, the seller could refuse/reduce the refund and there would be little the buyer could do about it. The seller would have a legitimate counter claim. Don't know if anything like this ever made as far as a court but it would have been interesting. "Yeah I did send it back in pieces, but I am now claiming for my full refund, they refused and I know my rights, M'lud."

Not legally they couldn't.
When referring to the DSR's, it's certainly correct in saying that the retailer had the legal right to attempt to claim for losses incurred due to the consumer not taking reasonable care of the goods or not actually returning them, the fact is that legally that retailer was obliged to refund in full (less any return postage costs if applicable) irrespective of the state of the returned goods.

Why the law was made this way is beyond me but at least sense prevailed and the new legislation is much more evenly balanced between retailers and consumers.

shaun_from_Africa

LilElvis wrote: »

Are you still enjoying the Caribbean (Trinidad?)

Well, I'm still in Trini but I wouldn't really go as far as to say that I'm still enjoying it but it's a job and it pays the bills.

LilElvis

shaun_from_Africa wrote: »

Well, I'm still in Trini but I wouldn't really go as far as to say that I'm still enjoying it but it's a job and it pays the bills.

Maybe time for a new country/continent?

The husbands despondent as his African dream looks like it's going down the tubes - thanks Zuma.

shaun_from_Africa

LilElvis wrote: »

Maybe time for a new country/continent?

Trust me, I've been looking for a while now but because of the downturn in worldwide oil production, getting another job elsewhere is next to impossible.
There have been major redundancies in just about every oil related industry so my options are severely limited at present.

System

shaun_from_Africa wrote: »

Not legally they couldn't.

I perhaps wasn't clear. Under the DSRs the retailer was indeed obliged to provide a full refund. My point was the practical effects of this balanced against the right to claim damages are the same as law stands now, so nothing has really changed.