Know your consumer rights – and don’t get fobbed off!
Too many consumers do not know their legal rights. The result is that they get fobbed off by retailers when they run into problems, losing out on the refunds and redress to which they are entitled. Whilst most companies try to do the right thing, some businesses will attempt to wriggle out of providing consumers with their legal rights. Some companies believe that this might save them money. Sadly, whilst consumers don’t know their rights, they don’t know that they are being fobbed off and losing what is rightfully theirs.
Here are some common fob offs and what your actual rights are, so you can quote them if you run into a resistant retailer!
“You need to contact the manufacturer”
Your contract is always with the company to which you paid the money. So, if the retailer says to contact the manufacturer, remind them that your contract is with the retailer. Therefore, if the fault has developed within 30 days of purchase, you are entitled to a full refund. After 30 days you are entitled to a repair or replacement.
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“You should have taken out a warranty”
Warranties should be looked at like an insurance. They are in addition to your consumer rights. For example, a television should reasonably last more than three years. So, should you buy one of those paid for warranties for a telly? Don’t bother, unless you want accidental damage that might not already be covered by your home insurance.
The item must be of satisfactory quality, free from defects, last a reasonable length of time and be as described. If the item has not met one of these criteria then it is in breach of the Consumer Rights Act 2015 and you are entitled to a refund, repair or replacement.
More at What is a warranty, a guarantee and my consumer rights?
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“The guarantee has run out”
This is irrelevant. You have legal rights up to 6 years (5 in Scotland). So, it’s great if a guarantee lasts longer than that but otherwise stick with the Consumer Rights Act. The provider of the guarantee is usually the manufacturer, rather than the retailer.
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“You caused the fault”
If a fault develops within 6 months of purchase, it is assumed that the fault was there at the time you bought the item. After 6 months, it is up to the consumer to show that the fault was there at the time purchase.
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“You will need to contact the courier”
Again, your contract is always with the retailer. So if your delivery has gone missing, is late, or even if the courier has damaged your property, you need to contact the retailer. They have to resolve the matter and they can then resolve the issue with the delivery firm!
More at Your rights, mail order, online and deliveries.
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“You have to pay for the return”
You have 14 days cooling-off period when ordering, from receipt of the item. Inform the retailer within 14 days and then have another 14 days to return. It is up to the retailer’s terms and conditions as to whether you pay for return. However, if the item is in breach of the Consumer Rights Act 2015 then you do NOT pay for return for postage, whatever they might say!
More at Your rights, mail order, online and deliveries.
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“We don’t take back items bought in the sale”
Unless the fault was pointed out at time of purchase (and therefore contributed to the sale price) your legal rights remain the same as if the item was sold at full price.
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“We can’t take it back without a receipt”
You need a proof of purchase and this does not have to be a receipt. It could be a bank statement, credit card or loyalty card statement, for example. It just needs to show that you bought the item there.
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“We don’t give refunds”
Signs like this are illegal. If an item breaches the Consumer Rights Act 2015 and you are returning it within 30 days of purchase, then the retailer must offer a refund. If you see a sign like this anywhere report it to Trading Standards.
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“We will repair it again”
You only have to give the trader one chance at repair. If the fault reappears, then you can insist on a replacement or refund.
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“You need the box to return the item”
You do not need the packaging when returning an item. Full stop.
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Armed with your rights, never be fobbed off again and always get that redress!
“You signed for the delivery and accepted it”
It is wholly irrelevant that you have signed for delivery. You are not signing to say that you waive your consumer rights! You are allowed to inspect the item and you have up to 30 days to return the item for a full refund, if it is in breach of the Consumer Rights Act 2015, or a repair or replacement after this time.
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“You have worn the item”
You are allowed to try items on, as you would in a shop. If you have worn it then you would not be able to return it for a change of mind under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 but if there is a breach of the Consumer Rights Act 2015, you most certainly can.
More help with complaining effectively
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