MSE News: Most businesses don't understand rules on 'unfair terms' – know your rights

edited 25 October 2016 at 11:58AM in Consumer Rights
6 replies 1.7K views
Former_MSE_LucindaFormer_MSE_Lucinda Former MSE
46 Posts
edited 25 October 2016 at 11:58AM in Consumer Rights
The majority of businesses in the UK don't fully understand rules around 'unfair terms' in relation to consumer rights law, according to the Competition and Markets Authority...
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'Most UK businesses don't properly understand rules on 'unfair terms' – know your rights'
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  • FOREVER21FOREVER21 Forumite
    1.7K Posts
    Energy Saving Champion I've been Money Tipped!
    In my opinion I think the majority know the regulations but choose to ignore them, hoping that in the event of something going wrong the customer is not savvy enough ( MSE readers excepted of course ) to know their rights.

    I have had such experiences with retailers, but found going back to them and disputing their statements paid off.
  • DoaMDoaM Forumite
    11.9K Posts
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    @post #2 ... the key is for consumers to approach sellers from a position of knowledge; far too often they go in (metaphorically, for online orders) spouting "I know my rights" when they quite patently don't.

    Hopefully such consumers will find their way here and we can educate them. :)
  • Definately! Even the big ones like Currys PC world, who told me any fault should be reported within 48 hours of delivery but citizens advice have said this cannot override the consumer rights act.
    It's just getting them to beleive this that's the tricky one!
  • Do "unfair terms" include having to return an item to the nearest store for repair under warranty, when the item was bought online, and the nearest store is 250mile round trip. (item bought before October 2015)
  • DoaMDoaM Forumite
    11.9K Posts
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Warranties can have whatever (reasonable) terms they wish. Statutory rights (SOGA in your case) are not warranties.

    So if you want to invoke the warranty, and a terms says you need to take it to a store, then you take it to the store. Otherwise you contact the seller to invoke your SOGA rights ... at which point (if it is more than 6 months since purchase when you first reported the issue) the seller is within their rights to ask you to get a report done that confirms the issue was caused by an inherent fault before they are obliged to offer any remedy. (On proof of an inherent fault the reasonable report cost should be refunded by the seller).

    Please see post #3 ;)
  • Thank you, I understand.
    Does it affect my position in that they have already repaired it once without my having to return it to the store - the local repairer collected and returned it to my home?
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