How to use consumer rights law to complain
When you want to complain about goods or services the Act you are most likely to use is the Consumer Rights Act 2015. It entitles you to goods that are free from defects, of satisfactory quality, last a reasonable length of time and match the description. Services should be carried out with reasonable care and skill.
Quote when using the Top 20 Tips on how to complain effectively
@thecomplainingcow Use your consumer rights to complain effectively. Use the law to complain effectively. Don’t be out of pocket how to get a refund #MoneyTipsAndTricks #Refunds #ConsumerLaw #ConsumerRights #Complaint
The Consumer Rights Act 2015
The Consumer Rights Act 2015 came into force from 1st October 2015, when the following Acts were repealed/amended:
Supply of Goods (Implied Terms) Act 1973 covers business to business contracts and consumer to consumer contracts only.
Sale of Goods Act 1979/ Sale and Supply of Goods Act 1994 applies to business to business contracts and to consumer to consumer contracts only.
Supply of Goods and Services Act 1982 covers business to business contracts and consumer to consumer contracts only.
Sale and Supply of Goods to Consumers Regulations 2002 was replaced
Unfair Contract Terms Act 1977 covers business to business and consumer to consumer contracts only.
Unfair Terms in Consumer Contracts Regulations 1999 was replaced.
For goods and services purchased before October 1st 2015 see this post.
The sale and supply of goods
The person transferring or selling goods must have the right to do so. Goods must be of a satisfactory quality and of a standard that a reasonable person would regard as such. Quality is a general term, which covers a number of matters including:
- fitness for all the purposes for which goods of that kind are usually supplied – appearance and finish.
- freedom from minor defects.
- safety.
- durability.
- last a reasonable length of time
@thecomplainingcow Replying to @Nav_ #knowyourrights #faulty #refunds #consumerrights #moneytipsuk
In assessing quality, all relevant circumstances must be considered by the retailer, including price, description, and their own or the manufacturer’s advertising. Goods must:
- be fit for a particular purpose. When you indicate that goods are required for a particular purpose, or where it is obvious that goods are intended for a particular purpose and a trader supplies them to meet that requirement.
- match the description, sample or model. When you rely on a description, sample or display model the goods supplied must conform.
- be installed correctly, where installation has been agreed as part of the contract.
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Rejecting goods under the Consumer Rights Act 2015
You can reject the goods within 30 days from purchase unless the expected life of the goods is shorter e.g. highly perishable goods. After this time the trader can offer a repair or replacement. Up to 6 months from the date of purchase it is assumed that the fault was there at the time of delivery. The exception to this would be if the trader can prove otherwise or unless this assumption is inconsistent with the circumstances. (For example, obvious signs of misuse). If accepting repair you still retain your legal rights.
If more than six months has passed, the burden of proof moves to the consumer. You have to prove the defect was there at the time of purchase. You must also prove the defect was there at the time of delivery when you exercise the short-term right to reject goods. Some defects do not become apparent until some time after delivery. In these cases it is enough to prove that there was an underlying or hidden defect at that time.
You need to give the trader one chance at repair or replacement, if this does not the resolve the issue then you are entitled to a refund.
More on one chance at repair in the video below:
@thecomplainingcow Businesses don’t get unlimited chances to repair faulty goods. Here’s how the one chance at repair rule works. Follow for consumer rights advice. #consumerrights #refunds #consumeradvice #consumerlaw #returns
All these rules also apply for distance selling and digital goods.
Consumer rights regarding digital goods under the Consumer Rights Act 2015
The Act defines ‘digital content’ as meaning ‘data which are produced and supplied in digital form’. Therefore a huge array of digital-format products fall within this definition such as:
- computer games
- virtual items purchased within computer games
- television programmes
- films
- books
- computer software
- mobile phone apps
- systems software for operating goods. E.g. domestic appliances, toys, motor vehicles, etc. In many cases digital content is supplied in a format that can be physically touched such as a Blu-ray disc containing a film. Increasingly however, digital content does not have a tangible form. E.g. a film downloaded to a computer or a virtual car purchased when playing a computer game.
More information on digital content consumer rights
Consumer rights for digital content are slightly more complicated. See What you need to know about the Consumer Rights Act 2015 digital content for more details.
The contract for the supply of services
A contract is an agreement consisting of an offer and acceptance. When you buy services from a trader, both you and them enter into a contract which is legally binding. In order for a term to be binding it must clearly be part of the contract and be legal. Terms given to a consumer after the contract is made are not part of the contract and they have no effect. A contract can be verbal but it is advisable to detail important terms in writing so there can be no dispute later on.
All services should be carried out:
- with reasonable care and skill.
- information given verbally or in writing to the consumer is binding where the consumer relies on it.
- the service must be done for a reasonable price (if no fixed price was set in advance).
- the service must be carried out within a reasonable time (if no specific time was agreed).
You have up to 6 years in which you can bring a claim against a trader in court in England, Wales and Northern Ireland and 5 in Scotland.
Unfair contracts
The law creates a ‘fairness test’ to stop consumers being put at unfair disadvantage. A term is unfair if it tilts the rights and responsibilities between the consumer and the trader too much in favour of the trader. The test is applied by looking at what words are used and how they could be interpreted. It takes into consideration what is being sold, what the other terms of the contract say and all the circumstances at the time the term was agreed.
There is an exemption for the essential obligations of contracts. Setting the price and describing the main subject matter, but the wording used must be clear and prominent. There is also an exemption for wording that has to be used by law. If you are misled into making a decision that you would otherwise not have made then the company is in breach of this law.
The Consumer Rights Act contains equivalent rights and protections to the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999. This means that although there may be some technical differences in the way these aspects are implemented, from a consumer’s point of view there would be no difference. Under the Consumer Rights Act the consumer may argue that a term is unfair in the same way as they would have done under the aforementioned Acts.
When you use this Act please also follow 20 Top Tips for Complaining and why you should write not phone when you complain.
More help with complaints against companies
Consumer rights are worth more than a warranty and in most cases guarantees. See What is a warranty, a guarantee and my consumer rights?
See Top 20 Tips on how to complain effectively
To ensure that you know your rights and how to use them take a look at the book. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results. As one reviewer says “you’ll get more than your money back the first time you use it!”
101 Habits of an Effective complainer designed to improve the way you look at and make complaints. Each page gives you a complaining habit to consider and an example of how and why it empowers you to become more effective in getting the results you want.
Purchase downloadable templates to gain redress to get refunds and redress.
144 Comments. Leave new
Thank you for your support so far, Helen. You’ve been such a lifeline in the middle of all the stress I’ve endured on the back of this. I’ve written an email to Booking.com CEO Mr Glenn Fogel this evening outlining my complaint, all details thereof, and expectations giving a fourteen day timescale before I escalate the matter further. (I used ‘Email Before Action’ in the Subject Line following your web guidance.) Should I not receive a response within my given time frame, where would you recommend I take this? Small Claims Court?
I’m also rather perplexed at Host & Stay’s clear misleading complaints procedure in forwarding dissatisfied customers to the Property Redress Scheme. Would this be worth notifying Trading Standards? Who would they answer to? Apologies if these questions are quite obvious and ‘tried’ on you.
Again, thank you for your precious time. I will keep posting updates on my personal matter here for record purposes.
All info in post above.
Really your only option in court see The Small Claims Court process made simple
Just bizarre about the redress scheme. Perhaps ask the Redress Scheme if they know they are being listed on a site that is nothing to do with them and see what they say.
Please do share what you have found useful thanks
The plot thickens.
Booking.com have offered a measly £89 compensation. I refused this, pointing to my outlined expectations as set in my email. Their response was this:
“Please be advised that our website acts as a facility for a accommodation to advertise. As I mentioned already before, our website is a ‘shop window’ for accommodations to communicate their product to their potential customers. As previously advised, we are not the providers of those services. Property is liable when the validity of the information is questioned.
Although we facilitate the booking, the contract of service is exclusively between the customer and the accommodation. Once the reservation has been accepted by the accommodation they become entirely responsible for the delivery and standard of that service. Only the accommodation is accountable for this.
We will always offer to act as an intermediary between the guest and the establishment as a free follow-on service but, please note, we are in no way a party involved the contract of the reservation. This means we can help to negotiate on the customer’s behalf and remind an accommodation of their obligations, however, we have no authority, or jurisdiction, to make judgment on the delivery of your contract. As a result, Booking.com does not accept any liability for the acts or omissions of the accommodations that advertise via our site.”
Seeing no further recourse after this response email, I have accepted their ‘compensation’ and asked for the email address of Host & Stay’s CEO which, suspiciously, is nowhere to be found. I clearly stated I was far from satisfied with Host & Stay’s ‘service’ and that I intend to continue pursuing them for their breach of the CRA. Their lack of concern regarding my complaint is frankly disturbing and it’s quite clear they’re happy to ‘fob off’ customers.
Booking.com informed me their defense to why they won’t refund me is this: “We spoke to a number of members of staff at the accommodation, making them aware of your lack of satisfaction and informing that you want to receive a refund for your stay. This was refused by the property as the customer was offered the service booked and that the property tried to solve the issue directly with you but were unable to.”
I’m quite confident anyone booking accommodation expects functional heating to be included in the ‘service booked’. I’m also perplexed they state they tried to resolve the issue ‘with me’ but were unable to, which lends itself to believe it was my own fault that their engineers couldn’t fix the problem. So they continued to interrupt my break with constant emails and texts asking me to return to the property to leave keys, or wait inside for an undetermined length of time for more engineers. My three day ‘break’ was sabotaged start to finish.
I have yet to contact the Property Redress Scheme to notify them that they’re listed as a complaint’s escalation in error on a holiday properties site. I will do this when I next find the time.
Your successful complaints guide and methods in complaining to Booking.com I have found most helpful so far. I would say you yourself have been the most help as I not only rarely deal with complaints, but to have them go this far because of misleading links, signposting, and personal disregard towards my welfare is frankly shocking. Having someone actively listen and help guide me has been a tremendous help. I can’t thank you enough for that.
It would appear I need to find my way to the ‘snake’s head’ regarding Host & Stay. They appear to be under an umbrella of property groups which makes things more complicated, but I’m still willing to chase this.
Again, I will continue to post updates here. Thank you for reading.
Pleased to have helped. Please do share posts that you have found useful or consider my kofi page but there is no obligation to do this.
Hi, I could really use some advice.
I had a short three day break in a penthouse hosted by ‘Host & Stay’. The heating wasn’t working from the day I arrived to the day I left. This caused us to chase them regarding the heating in which they sent out engineers who couldn’t fix the problem – interrupting our break for us to let them inside. They ended up leaving small heaters inside the property for warmth. They then asked us to wait inside for more engineers to come around the next day or leave keys and essentially our possessions open and at risk.
When me and my partner turned them away since it was the last day of our ‘holiday’, they then threatened us with a call out charge. They had interrupted every single day of our trip with calls and texts and caused us great emotional distress from their lack of care. I believe they should have checked the property in full before we arrived which they clearly didn’t do and showed a lack of care and welfare towards customers.
I logged a complaint during the trip via email on their website, following their own terms and conditions, but they refused to give me any kind of compensation. I then took it to the Property Redress Scheme as they linked me on their website should I be unhappy with their complaint resolution, and presented all of my evidence to them. The Scheme then told me they rejected my complaint because they don’t deal with holiday properties. Very misleading.
I tried chasing a refund through Booking.com but they also told me the company refuse to give me any kind of refund for my stay let alone compensation for the borderline harassment and threatening nature endured during our trip. I’m unsure where to take this now. It may only be three nights payment, but I’m chasing this for the principle. Can I call my bank to ask for my money to be returned? Who else can I take this up with? Surely this is some kind of breach of the Consumer Rights Act?
Thanks for your time in reading this.
See How to get what you want from booking.com and Top 20 Tips on how to complain effectively Who said fo to the Ombudsman? Wholly wrong nothing whatsoever to do with holiday lets
Thank you for taking the time to read my issue and provide advice, I’m very grateful.
It was Host & Stay’s official website and their customer service who told me to go to the ‘Property Redress Scheme’/Ombudsman and they even linked to it on their website. Sounds like another fob off job if I’ve ever seen one. I realise my issue is much smaller than others I’ve read on here in terms of monetary value, but I can’t begin to describe the distress they caused.
Thank you for your links. I’ve contacted Booking.com outlining my expectations and that I will follow up with writing to the CEO should they not help provide compensation. Keep you posted should things continue to escalate.
Can you send me a link to the page where it says the ombudsman please as I can’t find it.
https://hostandstay.co.uk/stay/terms-conditions/
Scroll down to ‘Here’s what to do if you need to make a complaint’ and in the last paragraph they link the Property Redress Scheme.
ta
Recently I received obviously faulty goods from an Amazon Marketplace seller. It seemed the item, which was solid, fairly large and heavy was broken in transit as the seller had only used a black refuse sack to cover it.
I requested a refund explaining the goods were damaged and received a query for photographic evidence.
Slightly annoyed at them not take my word for it more than the granted trivial inconvenience of having to send a photo using an online form, I send the photo and given the size of the item and my inability to pack it / the unsuitability of the existing packing, formally rejected the goods and requested they collect them.
Previously under the Sale of Goods Act it was fairly clear rejected goods remained property of the seller and you were well within your rights to require them to collect what remained their property from your custody.
There is clearly still the right to reject faulty goods. It is less clear in the Consumer Rights Act 2015 that after rejection the seller must collect their property or bare any associated expense.
My question is what right there is to require collection (instead of re-packaging and delivering it) and in the (expected) event they don’t then pass on storage or disposal expenses.
Return should be at no cost or inconvenience to you. You’re welcome.
Hello Helen,
I left my job 2 weeks ago and handed back my laptop and phone.
I have received a mobile phone through the post addressed to me with no details inside. I have not ordered a phone and I assume it is a replacement work phone. Am I obliged to return it or is this unsolicited goods?
See All you need to know about unsolicited goods and follow the advice. Contacting your ex work would be the equivalent of a business. You’re welcome.
Dear Helen
Hope you are well?
Firstly a quick thank you for your website. It’s helped me obtain a refund for a delivery charge I felt I shouldn’t have paid.
I’m now hoping you be able to help me with a different issue.
I brought an oven from ao just over a year ago, so out of warranty, and the grill has started to turn itself off intermittily. I’ve read the above article and from what I can understand I can only expect ao to fix this free of charge if the fault was there from the start. Is this correct and if so do you have any advice on how I can prove this?
Any advice would be great
Thank you
Glad the website with free advice has been helpful, please consider sharing on social media to help others. You may also find the book with templates etc useful. Follow the advice in the above article and Tips when writing and if they refuse request and independent report.
Hi? I purchased a signed frame by a movie star by a big uk company in October 2021 and the product stated I would recieve a video of the star signing my frame and a certificate of authentication. 2 months on they havent provided authentication and this cost me £500. Can I use the Misrepresentation act?
Not as described breach of CRA as above.
You’re welcome.
Hello Helen
I really hope you can point me in the right direction. I feel I have been mis sold a very expensive sofa which after waiting 12 weeks for it on arrival it is not what my partner and I thought we had bought. I visited furniture village with a friend looking for a recliner sofa with a matching sofa bed. We had already been into 5-6 other stores who told us that we couldn’t get a full recliner and sofa bed so I didn’t hold out much hope with our last shop. However when I approached a sales person with my requirements he took me to a range that had a 3 seater sofa bed and two seater sofa which was in the sale for £2500-3000. We were so excited my friend and I tested out the fetchers and was able to recline to laying position which was perfect for what I wanted and was also electric recliner, even better. My only concern was that I wanted a two seater sofa bed not a three seater. I phoned my partner to measure the space we had. meanwhile the sales assistant said there was another way I could get what I was looking for as they did a build your own sofa but was limited on which styles did sofa beds and was more expensive but better quality. He showed us a corner sofa that was in the store that had full electric recliners and was in very luxurious leather. He informed me of added features, such as built in phone charge, memory options and lots more add on options that made the new sofa more desirable calling it the equivalent of purchasing a Mercedes over a ford and then joked that the actual leather was used in Mercedes sports interior so it must be good. The assistant selected what he described as the option that was the equivalent of the cheaper option but that it could come in a smaller size for sofa bed and gave an approximate costing of £6000. (At no point did he mention the fact that it wasn’t a full recliner and that the headrests were manual) meanwhile my partner called back with the available space and the cheaper sofa would fit. This left me in a dilemma as I now wanted the ‘ posh sofa’ and said that I would be back the next day with my partner for him to pick which one we would buy ( knowing it would be the cheaper one) true to my word I took my partner in the store and sort out the sales person. He show my partner the original sofa, he sat on it and reclined it to laying position to which I joked and said that’s it you will be asleep every night on that. My partner said ‘ ok then show me the expensive one’. too which the sales person proceeded to talk about the superior quality of the leather and seat foam that all could be upgraded for extra and how the recliners are smoother and has added extras of seat memory and phone chargers. He showed the option he had picked to my partner on the small screen that came with a sofa bed. the shop did not have a version of the sofa bed in store but showed us another brand version and said it would be similar to this pulled it out and said but the mechanisms which be superior if we purchased the higher quality one it would be like making an investment and we could take it out on finance. At no point did he show tell us or show us that the sofa back was manual otherwise I would have said no as I did in various other shops the previous day. On delivery 12 weeks later, no phone charger and a manual back recliner. I said this to the people setting it up and they said you need to speak to the store. I tried phoning left a message as no answer. The delivery drivers also did not set up the sofa bed and the instruction book that was left had no assembly instruction which again we were told this would all be demonstrated on how it works on delivery. Before they left I tried calling again and then I insisted we went to the purchasing store. I asked a different sales assistant if they had much knowledge on the computer sofa and was told yes. I asked do all of these come with electric recliners and phone chargers and he said yes. To which I then said I wanted to speak to a manager as I have been mis sold. The man took my order form and looked it up on the computer and said no the one you have ordered doesn’t. So why was we offered this in the first place as an alternative to the cheaper one which did have full recliners?. instead of a manager the sales person came over who sold it to us and tried to say that he told us it didn’t to which we both said no we would have bought it as the whole point was to have a reclining sofa and sofa bed combo. He sent me over to a female manager who said ‘ when I came in did I ask for a sofa bed with a sofa that has reclining head rest I said no I came in asking for a full recliner sofa and sofa bed. To which she informed me that is what I’ve got as you have to asked for reclining headrest to get the one that is on display. I said that is not acceptable as the one we were going to buy fully reclined and he was offering me the equivalent in a brand that could make a small sofa bed and the sofa would have more features and better quality all round. She said there was nothing they could as I had signed to say I agree to the order and she would speak with her manager and I would get a call back on Tuesday. so my two complaints are I feel I was mis sold a more expensive product and that it didn’t meet the original requirements. I feel that an important feature that wasn’t included was intentional withheld from me that did not match the cheaper product. Also that the sales person used language such as ‘ so would you rather buy a Ferrari or a ford car? to my partner preying on his male pride. He knowingly or unknowing put down a cheaper product in the store which matched my spec in order to sell a more expensive product which on delivery failed to meet the original specs.
2nd complaint the delivery people did not demonstrate how to use the sofa bed and we are waiting for them to let us know how to do this.
We were also sold extra warrantee and protection guarantees costing £250. After reading your site I’m now wondering if this was necessary
Please tell me I have a case as I cannot spend the next 5 years paying off a sofa that is not what we were expecting because I’ve signed a contract.
Help me please Helen I’m so upset.
1. Do I have a case?
2. Can I expect them to replace for a correct item at no additional cost to me
3. Or can they refund me and we can purchase the original sofa at the original sale cost not what it is now selling at.
4. I am not prepared to accept money off to keep the new sofa as it doesn’t have the features that I wanted and I don’t think we would be happy looking at it every day, knowing it is not the all singing all dancing elite sofa we were expecting.
Thanking you in anticipation.
Sorry not able to read all this! Please read my contact page thanks
I bought a bathroom vanity unit online in Februray 2020. After delays and delivery of two incorrect items, the correct item was delivered at the beginning of March 2020. They emailed to say that the incorrect items would be collected at the same time. This did not happen. Its been 4 months since then, so I emailed last week requesting they collect the items and giving them 14 days notice otherwise I would dispose of them. They replied saying that I would be charged if I dispose of them, and that the supplier cannot arrange collection due to convid-19. I contacted citizen advice, who said I could start charging for storage under consumer rights 2015, but cannot find a decent go-by letter or any other info specifically about this on the internet. Not sure what do now, apart from wait again.
Dear Helen , I brought an Insignia steam shower in March and I have Just manged to get build the shower for me even it is a DIY shower because of lockdown so I have lost out of my money back guarantee. When I went to use it for the first time last week it did not work the water would not get warm and the the control panel stopped working. so I didn’t have a shower in the end. About 12.30am my fire alarms went off and we smelt smoke in the en-suite were the shower is. My husband switched the the electricity of for the shower and the smoke alarms stopped. I called the builders in the morning and they said that the control panel burnt out and they disconnected the shower and to send the shower back and get my money back. I phoned insignia they did not answer so I e-mailed and they replied and they were very unhelpful. By Monday we started communication again and it was a bit better and still they won’t give me a refund but they want me to get an electrian in to test the shower and pay for this service as the shower was sold to me as a DIY . I am disabled I can not afford to keep paying people to fix faulty products. I got the shower professionally fitted because I spent a lot of money on the shower as it my help me, Can you give some advise on this do I have pay for the repairs for this shower.
As stated in the article less than 6 months it is for the retailer to prove fault lies with you. Please read the article and links within for your rights how to quote them etc.
I asked a builder to estimate for some work, he told me it was exempt from Building Regulations and I accepted his estimate. I paid him 2 interim invoices and when the work was nearly finished found out he had given me wrong information and the work did need approval. The work does not meet the Regulations and had to be taken down because I couldn’t afford the extra cost of doing it properly. I had to pay another builder to take it down because the first one wouldn’t do it unless I paid him more money. He now denies telling me the work was exempt. What’s the point of having a law that says verbal information is binding if someone can just say he never said it?
Clear breach of CRA. Write following Tips and threaten court. Up to you whether you then take him to court.
Thanks, I’ve done that, he got a solicitor to say he hasn’t done anything wrong because the estimate didn’t say anything about building regulations so he’s done what I asked him to and a judge would throw it out.
So? And another would find the opposite.
Dear Helen
Thank you for your advice. Originally I claimed the builder misled me by telling me the work was exempt from Building Regs. The solicitor wrote the builder ‘informed me he didn’t think it needed it (coming under building regulations)’ and that the builder denied saying it was exempt. Last week they offered me a small amount of money which I was going to accept until I read the agreement, that said the builder denied advising me ‘at all’. The solicitor said the builder had approved the agreement. I queried that, asked did he advise me or not? The solicitor sent back a revised agreement that now says the builder said he ‘informed Ms. Middleton it “may not need building regulations”. I have said all along he told me definitely the job was exempt, he gave me detailed reasons and I asked him four times about different things. None of his replies written down, of course. Does changing what he said mean I have a better chance of getting a court to believe me? Help! best regards, Mary.
I am not a judge it would be for a judge to decide who is telling the truth. Please follow the advice on the blog and in the book.
Hi
I booked a villa to stay in America and due to covid and closure of borders I am unable to go to America. The villa owner say’s there villa is open and I would not be able to get my money back. I would need to go through my insurance which will be 300 excess. Can you help me with some advice please.
See Travel in the time of Coronavirus – Your rights explained
I took out an 18 month broadband contract Jan 2019 with BT, they had an offer on that included one years subscription with Amazon prime, the main reason I entered into the contract with them rather than someone else, as I currently have Amazon prime membership. It took them until April 2019 to finally get me connected. Whilst waiting for connection I received an email in Jan 2019 confirming I was to get the Amazon prime and to wait for their email to tell me how claim it, but that it would be up to 28 days after connection.
I never received the promised email and completely forgot about the Amazon offer and promised email due to serious health issues I was experiencing at the time (and still am). I have recently received an email telling me my contract is due to end so I logged into my account and rechecked my original emails to confirm the end dates (October2020), to my surprise I recovered the email about the Amazon prime offer, so rang to ask about this. They are now saying that because it was last year and I didn’t apply sooner I would no longer qualify for this, as I had a limited time to claim it. My argument is that they never sent me my “claim now” email, I am still within my contract term so therefore I should still be able to claim for this offer, and I didn’t realise there was a time limit on applying. What is my stance? Is this classed as misrepresentation or have I waited too long to claim?
Many thanks
See All you need to know about complaining to telecom providers could be considered an unfair contract term
Many thanks for taking the time to respond.
Stay safe and happy!
Thank you – so few people say “Thank you” hope it all helps
I have a damaged display unit that is awaiting collection. I received the replacement but delivery driver refused to take damaged one away. Since then I have had 3 further collection times for which I have taken time off work. Can I put the display unit outside and leave it up to them to collect when they like or can I just dispose of it. I no longer want it in my house.
Make sure you deal in writing. You are entitled to out of pocket expenses if you had agreed times for them to pick up. Write to them giving dates and times they can pick up or arrange with you and give deadline for when they must get back to you or you will dispose of item. You’re welcome.
Hello!
Does your book cover small claims court?
My mobile stopped working. 2years 3 months on.
Apple shop say that there is no damage or customer misuse visible. Given repair quote.
Seller (3) and Ombudsman say I had to prove that it was faulty with the 6 months.
If I haven’t misused the phone should I still expect it to work and get redress if it stops?
It could be worth the £35 to find out…
Excellent! I’ve been wanting someone to go to court over a phone. Personally, I would say that you should expect a phone to last longer than 2 years 3 months. It has yet to be tested in court though. It will rely on whether the judge believes this is a “reasonable length of time”. The amount it costs you to go to court will vary on the cost of repair. See The Small Claims Court process made simple I am confused by your mention of the Ombudsman though. The Ombudsman does not deal with handsets only contracts. You will need to clarify this. Please do email me with the result if you go to court and good luck. My guess is that they will settle out of court, they won’t want to set a precedent. Good luck and please do let me know how you get on.
Hi Helen
I am shortly about to issue a Court Claim to Mobile Phones Direct. Purchased an iPhone on 24 month contract, and handset started to develop an intermittent fault just after about 6 months of ownership, which finally failed after 14 months of ownership. MPD said not our problem, take it to Apple, who wanted £100 to repair the handset as it was ‘out of their warranty period’.
As MPD were original retailer went back to them using argument of handset not of satisfactory quality (this would be an £800 phone new) or fit for purpose (sold with 24 month contract). They’ve done nothing but be obstructive, asking for diagnostic report (provided), proof not caused by me (provided), still keep moving the goal posts of what should be in ‘diagnostic report’.
All I’ve asked for is for them to repair the handset (not a replacement or refund), yet they are doing everything they can to avoid doing so.
Will let you know what happens next!
So an update on above. After a LOT of wriggling by MPD, in which they started to contradict themselves (and with proof emphasized back to them), and with a letter before action issued, I finally got a replacement handset. I think they realized I was not going to go away and I WAS prepared to issue a court claim.
Don’t let these companies fob you off, stand firm (but don’t rant!), and do be prepared to take things all the way should you have to.
I bought 4 chairs and the company sent 4 wrong chairs, i contacted them to tell them of their error and then sent a further 4 wrong chairs, i contacted them again and they sent 3 right chairs and a wrong chair, now i have 9 chairs in my garage and i missing chair. They have failed to pick the chairs up even after asking them to do so over a month ago. I need the space in my garage for work, how long do i have to keep hold of the chairs for or is there a way to force the company to pick up there chairs?
Follow the advice in the article (link to tips) Give them a deadline for when they should do this and if you do not hear from them by this date you will dispose of the items. Please use the words “Please” and “Thank you” when writing to them, manners go a long way when you are asking things of people…
We purchased a brand new sofa ,and 2 single chairs and all being electric recliners.The items were delivered on the 1 st of November this year.The delivery team found issues with the the items and took photos.Within an hour of the furniture being in the property I found numerous faults ,took photos and sent them on to the shop.We chased this issue up with the shop until the 15th November when we told the shop we wanted a full refund ,no repairs or replace.I have given the shop a written letter that on the 9th December .Legal proceedings will be taken out.Still ignored.
Have we done the right thing.
Please see the post and video on tips above. You need to give deadline for full refund or you will claim through the Small Claims Court. Then do it. You’re welcome 🙂
Hello The Complaining cow,
In 2016 I purchased a car on a PCP. I ve recently looked at changing my car, and it has come to light from a different dealer than where I purchased it from that I have been a sold a lower spec model than was advertised by the original main dealer, and as a result what my PCP is based on. As a result my car is worth much less. The difference in spec has been confirmed by the manufacturer. Looking at the V5 the dealer were the first people to register vehicle with DVLA and have done it to the higher incorrect spec.
Also when I took out the PCP I was told I could change my mileage if I was going over, this later transpired it wasn’t the case. Looking further at the PCP the start mileage is in double figures, however the true figure was just over a thousand miles, the dealership has provided written evidence of this from their records from the service department, to show the mileage is completely wrong on the PCP, by over one thousand one hundred miles.
As a result of this I have being paying more money for a less spec vehicle, paying more in insurance fees and GAP insurance. How do I stand with this mess ?? Any advice I would be grateful.
Please see Everything you need to know about financing your car purchase
I bought a second hand sofa from a retailer claiming it was manufactured from a high end retailer. It transpired the sofa was from a budget retailer and the retailer I purchased the sofa from, could not prove otherwise stating they bought it from an advert claiming to be from said high end retailer. Whilst the retailer has offered me a full refund, they state I must return the sofa at my expense which will be the region of £100. In the meantime, my family and I do not have a sofa to sit on as we have stored their sofa securely and need our monies to be refunded in order to purchase a replacement sofa. Do I have any rights please?
Please see post above. Mis-sold therefore you do not pay return costs. Retailer will/should claim from supplier. Follow advice in post above and in links
Hi
After my tenancy ended my letting agent hired a cleaning company (we are in a dispute about the charges). The unusual part is the letting agent supplied the cleaning company with my name, so the invoice is in my name not the letting agent’s. Does this fall under this act? I am essentially receiving a service in my name that I never authorized or agreed to, I cannot see anything in my lease that gave them the power to do this.
Cheers
Firstly, the deposit should have been protected, if not you can legally argue for the return of three times the value of the deposit.
If it is protected, and it can’t be resolved with the agents then you need to register the Dispute with the protection scheme. The case will be adjudicated based on evidence.
Things to look at. Was the property cleaned professionally at the beginning of the tenancy and if so was there a clause in the tenancy agreement that the property is professionally cleaned at the end? If yes, you should have a say over who does this, and of course the cost. If the letting agents have arranged the cleaning, on behalf of you then they should have informed you and given you the opportunity to contract your own, and then of course the contract is between you and the cleaning firm. What were the requirements in the tenancy agreement re cleaning? Was there an inventory done at the beginning detailing cleanliness? Was there one done at the end? Have the two been compared? Did the agents inform you and give them you a chance to contract your own? Is the deposit protected? If so, this cleaning charge can be disputed via the protection scheme.
These are things you should consider. Also see https://www.tenancydepositscheme.com/resources/files/Tenancy%20Deposit%20Dispute%20Case%20Studies%20-%20Cleaning.pdf which gives lots and lots of advice on what you can do. The ARLA website and TDS website have good info on there re disputes.
I booked a holiday with Teletext holidays and was told that the price shown on their website was for a classic room of which the hotel had none available, I was offered an upgrade to a superior room for a further £219 per person , which I agreed to do.
The confirmation came through stating a classic room , I then checked with the hotel and that is what they booked, despite charging us for an upgraded room. Teletext are refusing to acknowledge that this is the case, despite still advertising the same holiday, at a price lower that I paid.
I feel this is quite clearly misrepresentation as I have not been given what I paid for. Would this be covered under the consumer rights act 2015, or does it constitute a “significant change” under the Package travel, holidays & tours Regulations 1992?
The airline (BA) also have no recored of us as passengers despite the departure date being only 5 days away….
Not what you paid for breach of CRA and the package regs. See All you need to know about booking/complaining about holidays/flights You’re welcome.
I bought an item from a seller through Amazon but the wrong goods were sent. I contacted the seller and they admitted they had made an error and I should send the goods back for a refund. Halfway through explaining that I am disabled and housebound and have no-one to go to the Post Office for me they got nasty and hung up on me. Amazon have advised I must send the goods back but no-one is really listening to my problem. I can’t afford to lose the money I paid for the goods and I can’t afford the Taxi fare of £15 to go to the Post Office, so what do I do now.? The regulations don’t seem to cover my particular situaation. The company has since sent me a prepaid label to print off but what use is that? I have looked at the company’s website and they say return through the Post Office is the only one they will accept so if I arranged for a courier service I would have to pay, Either way I am out of pocket due to the seller’s carelessness.
You should not be out of pocket. The laws states this. However, it may be in their terms and conditions that the only way to return is through PO. Ultimately would be for a court to decide whether this was a fair contract term and whether it thought it was reasonable to expect to pay further delivery costs. However, Equality Act may also come into play if they are discriminating against you because of a disability. Write, do not phone so you have evidence. Follow the Tips in the link above, explain the situation and say legally you should not be out of pocket. You’re welcome.
I recently bought a voucher for a stay at a hotel whilst I was at a Good Food Show.
We booked the hotel and were really looking forward to the break.
On arrival we were met with extremely tired & filthy accommodation with things like a hole in the ceiling being plugged by toilet paper, there was also a warning notice from the Environmental Health not to drink or use the water (except for showering) The hotel had left a 1.5 litre bottle of water for us to use (2 adults & 2 dogs). If we had known about the water issues we would never have bought the voucher.
We checked out within 2 hours and returned home.
On checking out I spoke with the manager and raised the issues, there was nothing he could do as hotel was fully booked. He said he would re-issue our voucher for a future stay.
On returning home I emailed the manager and requested a refund rather than the voucher, 2 days later a new voucher was emailed to me and no acknowledgement of my email or why the voucher was being sent/re-issued.
I have sent a further email again requesting a refund, but fear that this too will be ignored.
Please can you advise what rights we have and what the best course of action is to get a refund ? They say on the voucher that no refunds will be given, but we bought this in good faith – the hotel did not meet expectations on basic cleanliness and standard of accommodation.
Thanks so much
Hmmm difficult because you are entitled to the refund to be given back in form it was paid. e.g. cash you get cash, card refunded onto card. Here you have a voucher. But your contract is with whom you paid the money. If you paid money to a retailer who gave you a voucher go back to them. Quote the above law, where the breaches are, see the Tips for writing the email. You could also argue being misled into buying what you did so further breach. Not as described further breach. I would say that you are entitled to money back from whomever you paid the money for the voucher. It is them that has misled you etc. If that’s the hotel then the hotel should refund.
I bought a watch on Groupon that turned out to be faulty within 7 days. I spoke to Groupon who asked me to contact the seller to return the goods for an exchange. I emailed the company which is based in France (I am in England) and they have asked me to send it to them, but will not cover any shipping costs for me to send it to them. Can they do that?
Under EU law if the item is defective the trader must pay the return costs. EU Directive for more. Quotethe EU Directive saying it entitled you to full refund for shipping costs as well as for the item. Threaten the EU Consumer Centre who will also help with cross border disputes. You’re welcome.
I ordered a Hotpoint washer dryer from a well know retailer after downloading & reading the manual first. (I had to locate this on the Hotpoint website as the retailer only displayed limited product information).
When reading the cycle instructions it clearly stated whether a ‘dry cycle’ was included and then gave the ‘cycle duration’ in the next column. Noting the average ‘wash & dry cycle’ was an acceptable 180 minutes I happily made my purchase.
After finding the ‘wash & dry cycles’ were coming out wet I contacted Hotpoint to see if I was doing anything wrong. After a very lengthy & detailed discussion they agreed there must be a fault as a ‘wash & dry cycle’ should be exactly that & they would be happy to arrange for an engineer to come out. However, during the conversation I mentioned the ‘cycle duration’ was still taking more than 180 minutes without drying & was shocked to learn the ‘cycle duration’ stated in the manual only relates to ‘wash only’. I was informed I would need to add between 120-200 minutes drying time making the average ‘wash & dry’ 5-7 hours!!! Who would knowingly buy this!
In addition Hotpoint advised me their online manual is actually out of date. This was revised in March 2017 (9 months ago) as none of the cycle time are correct but they haven’t got round to updating to this yet.
On this basis I feel the manual is very misleading and would never have purchased had the combined cycle durations been made clear. Can I return due to ‘goods not as described’ or not ‘fit for purpose’? The appliance is less than a week old.
I have already contacted the retailer to request a refund, however they say I need to take this up with Hotpoint. Hotpoint say I need to take up with the retailer.
It feels like I am being fobbed off & really do not want to be stuck with an appliance that is of no use to my lifestyle.
Absolutely ALWAYS your contract is with the company to whom you gave the money, so the retailer. Write, using the Tips and quoting this Act. You could also argue you were misled see contracts
I purchased a kitchen from Howdens which was fitted by my builder in April 2014. The worktop has worn away in front of the sink, where it gets most wear, but as the worktop is black and it has worn away to a white colour it is really noticeable. I haven’t used harsh chemicals to clean it or in any other way misused it. The rest of the worktops are still in perfect condition.It has been like this for at least a year but I’m only now realising this is unacceptable as I feel it is reasonable to expect a worktop to last more than a couple of years. But is this true and how do I prove it wasn’t just reasonable wear and tear? And if I could get a replacement, there would be costs to fit it so could I claim these too?
Please read post above. A kitchen would be expected to last longer than a year. You should follow the tips and threaten legal action. You oculd also go to the Furniture Ombudsman if they are members. You’re welcome.
I purchased two Everlast CM Neo knee supports from Sports Direct. The photo on the box shows a hinged supportive pad on either side of the knee. When I tried the supports on at home, the hinged pads stick out about two inches beyond the front of my kneecap, providing no benefit of any kind and making them impossible to wear for my exercise class.
When I returned with them to the shop and asked for a refund they refused, even after consulting the manager. They said there was no manufacturing fault and nobody else who had purchased them had complained. I maintained that they were not fit for purpose, and neither did they fit as shown in the photograph on the box. I refused a credit note and said I would take my complaint further.
Am I within my rights, and what would you recommend as next steps please?
Urgh Sports Direct. Not exactly the best for customer service. Not of satisfactory quality, , not fit for purpose. From what you say I would say it is misleading as well. See A Guide to The Consumer Protection from Unfair Trading Regulations 2008 (amended 2014) Follow the Top 20 Tips How to Complain! and write to the CEO. Make sure you quote all the Acts.
I purchased a first class return flight from London to Melbourne using the travel agent Bravofly. However on the second leg of the flight the plane didn’t have first class seating and was allocated a seat in business class.
I have complained to Bravofly and they have advised that it was an incorrect display of the class and that I didn’t pay for the first class ticket albeit that i purchased the ticket on this basis. Where do i stand as i was under the impression i purchased a first class ticket? Likewise how do i know that the agent only charged me for the business class seat?
See above about unfair contract, see here, here and here You’re welcome.
I ordered a number of floor tiles from an on-line company about 3 months ago. When my tiler came to fit them we realised we had received a metre squared less than we ordered. The company are refusing to replace the missing box of tiles due to our time delay in reporting this problem.
You haven’t said what the timescale was or how you paid. But please read the post above and see the links within. You’re welcome.
I recently booked an apartment in London, which was advertised as having aircon in the bedrooms. Upon arriving, the company’s greeter demonstrated how to use the aircon units. These units had not been fully installed, which meant hot air was expelled from a back vent while the aircon was turned on. The company sent an aircon mechanic who confirmed the need for further works (cut hole in wall to vent outside, etc). The company is offering 30% refund and a voucher for £300 on a future stay (apartments around the world). I’m American and need advice – is this a reasonable offer? I have asked for a 50% refund on the basis of misleading advertising and have been denied it. Thank you!
Please read post above and Consumer regulations
Hi,
I placed a £200 deposit on a vehicle from a car sales company. I was told the car had Bluetooth and when in the office asked if the car had full service history. The salesman responded and confirmed “I have the paperwork here.”. I was told my deposit was non-refundable and I signed the order form.
During the following week I was told the Bluetooth was not working and I would have to pay for this myself. I expressed my upset that this was essential to me and was one of the reasons I looked at this vehicle. Later that day, I received a voicemail confirming they had fixed the Bluetooth. Losing trust in precious information I had been told, I questioned whether the car had full service history. I phoned and they confirmed it did not. I expressed that I was under the assumption it did following the verbal conversation I had with the salesman. The conversation got heated when I asked for my deposit back and I was told I would have to prove the car had been misrepresented as the online advert description did not specify the car had bluetooth or full service history.
They have confirmed in writing that they are refusing to refund my deposit despite the fact I paid the deposit on the basis that the car had full service history and working Bluetooth. I also explained how distressing the call was with the office staff member who was rude to me and told me to prove it.
Where do I go from here? I feel there has been breach of contract. The contract being the order form. May I also add that the order form terms and conditions confirms it becomes a contract when both parties have signed, however the copy I have is only signed by me and not the salesman.
I also feel there was pressuring tactics used as I asked how much the deposit was. I was told it was £500 which I could not afford at the time. The office staff member then told me it is usually £1000 so they were making allowances. I said I did not have £500 to which she responded asking me if any family or friends could help. When I said I would take the risk if someone else purchasing the vehicle they asked if I could pay £100.
See post above, and Car buyers alert: how not to get fobbed off and How not to get fobbed off by a garage (and what to do if you have been!), and A Guide to The Consumer Protection from Unfair Trading Regulations 2008 (amended 2014) and How to Use The Misrepresentation Act 1967
Hi I wonder if you can help, I’ve been reading a lot about consumer law but still not sure of the answer. We have just had an extension built, part of this included bifold doors, we talked about what we wanted with our builder but never gave a written specification and he never confirmed a spec back to us. We were away on holiday when he got in touch about the doors and some specifics about opening direction and traffic doors, we didn’t talk about having a low threshold, which is the default bifold look and design.
He gave us the name of the firm he was sourcing them from and we checked their website, in it the spec said low threshold available and it was full of pictures of low or flush thresholds. There were no specific specs or diagrams as you often find on these sites. We said yes based on what we saw. What was installed was different and it had a high external lip, if we had seen this we would have said no, not what we wanted. We spoke with our builder, the door supplier and also went to their showroom. The showroom only has one model, the one we have, but their website has pictures of many others. Now we didn’t provide a written spec to the builder and this puts us at a disadvantage, but we then relied on a website that was misleading. Do any of the consumer law, trades descriptions or web access laws help us here? The company have written to our builder saying tough, but in more words. Any help you can provide greatly appreciated.
Your contract is with whom you paid the money. So if you paid the builder direct it is with him. However if you did not provide specifics then he could easily say so. You gave the go ahead on what you saw. If anything on the website was misleading and therefore making you choose something different to what you otherwise would have done, then you through the builder would have a case. You would need to prove that the website was misleading. See above post and The Consumer Rights Directive 2013 Improve Customer Rights (you also have the right to cancel within 14 days when buying off site)and see A Guide to The Consumer Protection from Unfair Trading Regulations 2008 (amended 2014) You will need to prove that you chose a spec that was on the website and the website clearly did not say for xxx purposes (i.e. not for sale).
good morning my name is patricia miller my benefit cut from the 2 of june and am going to the job centre and from that day i dont eat nothing because am not going to ask no one for nothing because these people is so wicked.have send a letter that have got from mt doctor stating that i cannot work have got mental health. depression anxiety now have got back pain am going to whittington health for my treatment for my back the date is wednesday 02 82017 at 14;30 for my spinal surgery and no matter what you said to them they not helping am taking 40 citalopram my back hurts so much can hardley walk sometimes have send a sick note 20 62017 so they wrote to me that they are unable to revise the decision the mental health that have got was going to hang my self so they dont see that as a treat so thanks no money no food am staying same way just drinking water that it
Please see Holding the DWP to account and how to complain when your benefits go wrong
Hello, I bought a Panasonic Viera tv from the Official Panasonic eBay outlet, the television was listed as refurb, I used my own you view box on it until this week when I decided to use the TV built in tuner when I discovered it isn’t working properly, the picture keeps showing no signal and is intermittent, upon investigation I noticed the antenna socket centre pin on the TV seems loose, I only bought this television in March, where do I stand on this ?
Thanks
Please read post above and go through Ebay procedure. If out of time for Ebay contact seller direct
Hi,
I invested with a binary options company who have been found to be fraudulent as the platform they are using to trade is rigged. As they are in a different juristriction zone to the UK I am taking this up with lawyers in that country.
I have been advised to contact the bank and file for misrepresentation in order for the bank to refund the money sent. After contacting the bank they have advised to provide T&C’s and further evidence of the transactions , correspondence.
I only have one chance to file for misrepresentation and I don’t want to miss anything.
Can you help?
Non UK laws if company not in EU and not only that if fraud it is criminal not consumer law. Give Financial Ombudsman a ring and chat through issues and see what they advise.
I run a small business and I hired the services of another company to manufacture a number of products for me that I would then sell via an online store. I paid a 50% deposit on the order.
The products I received were of very poor quality, definitely not fit for purpose. The company made no attempt to replace them and have refused requests for a refund.
I am looking to recover the funds but want to know what rights I have and which Act is the one I should be looking to use as the basis of my claim.
Please read post above. You’re welcome.
Hi. Thanks for your previous reply. I have been reading through the Act thoroughly. A lot to get my head around.
One question I have is regarding section 5 Implied terms where transfer is by sample.
In my business I provided a prototype that was then used to produce the final product by the company I hired.
Would the prototype fall under the definition of a sample? I am particularly looking at part 2 (c) which is really where the bulk of my complaint would rest. The final products were defective and not like the prototype provided.
CRA is for business to consumer. You would need to research b2b. Obviously they can’t do this and your option if they don’t pay up is Court but different things apply when it is b2b which I don’t cover. Try CAB but again they may not be able to help, or Trading Standards or a solicitor if you can’t find what you need through googling.
Thanks for the reply.
I should have said I am referring to the Supply of Goods and Services Act.
Advice exactly the same, although only use SOGA for goods prior to October 1st 2015 as was repealed.
I’m a bit confused so seeking clarification. At the top of the page it says:
Supply of Goods and Services Act 1982 will cover business to business contracts and consumer to consumer contracts only.
Is this still the case?
“The Consumer Rights Act 2015
This Act came into force from 1st October 2015, when the following Acts were repealed/amended:”
The CRA covers consumer to business. I don’t deal with business to business as the site is about consumer rights. I have however provided you with as much information and help as I can. Please follow advice given in previous comments. You’re welcome.
i bought 2 iphone 5s on contract from talk talk for my daughters aged 8 and 9 at christmas. they were set up to use our wifi at home so not to use data allowance. We received a very large bill of hundreds of pounds. which did not go through in bank. we have had numerous conversations with a promise of them getting back to us which they do not. They have cancelled the contract and expect us to pay nearly £1000. They say they’re not at fault. We have rung several times only to have to start from begining to get to a manger whom said will get back to us in 3-5 working days did not and we had to ring yet again and start with customer services. The last time were told Letter sent out stating not at fault to which we are yet to receive! I’m at present waiting on another promised call back. we have not paid as can not afford that amount and are trying to resolve the issue. I Know feel I would not want to be with this company anyway after such poor treatment. so would gladly pay for phones and get sim only package but do not see why have to pay such a large bill. if you could offer any advice on how to proceed. thanks
Please see All you need to know about complaining to telecom providers
My daughter bought a £287 AEG heat pump tumble dryer from John Lewis.
It was a display model. A non-display model is £380.
They have used it 6 times and questioned us about the lack of water in the collector tank.
There is a split in the water conducting tubing and the water spills out on the base of the tumble dryer… and then the floor.
John Lewis will refund the £287, replace for a condenser dryer with a smaller drum load and a higher (less economical) rating up to a value of £300 or allow my daughter (so nice of them) to contact AEG to get it repaired.
I have read The Consumer Rights Act 2015 but cannot see if the Trader should replace the tumble dryer with one of similar value or replace with one that was agreed upon in the ‘verbal’ contact of sale. (more expensive that that what she paid)
I would appreciate it if you could clarify this last paragraph.
Thank you.
Buying an ex display model you have the same rights as when buying any other model so everything in the above post still applies.
I bought a camera online which was described as ‘new’ on a UK website. I researched the camera and believed I would get a UK model with a 2 year warranty. When it arrived the packing slip stated it was a European model with 1 year warranty, and that it was in a damaged box. I emailed the seller to say this was not the online description and asked to return it. I also checked with the website customer services who agreed that a customer can only see ‘new’ as the description. The seller has insisted I pay to return the item which have done. He has also reminded me that his conditions include a restocking fee. Surely I have been mis-sold the item and should not pay these costs?
Please read the post above for your rights and what to do
Fraudulent Amazon transaction.
Someone hacked my Amazon account, changed my email address and tried to get goods sent to Indonesia. They place an order which arrived at my house, left on the doorstep, not signed for by me.
The seller wants me to return the goods to them, at my expense.
Do I have to pay to return the goods or does the seller have to arrange for collection by their agent. If they have to arrange to collect from me, how long do I have to hold them and can I treat them as my property if they do not collect?
Thanks.
Can’t really use consumer law as this is fraud. That’s criminal. However, I would suggest that you contact your bank and Amazon and the money should be refunded. As for the seller – he is also a victim of fraud. You should write explaining situation and say that they should supply return of postage label by a certain date. After this date you will dispose of the item. This is a well known scam. In effect the item has been stolen – the thief who hacked your account was “meant” to pick up the item but you beat them to it. It’s still theft, it could have gone missing. Therefore the company is lucky to still have the goods if it wants them. Otherwise they would/should claim on insurance for theft I would think. You will reported (or you should have done) the hack to police/ and therefore have a crime number which you could also provide. This all makes you a very helpful person when they have been defrauded…
Thank you very much for your help, Complaining Cow.
I have taken your advice and made a report online using actionfraud.police.uk.
Peter
Hi I bought a bed on the 4th of January. It was to be delivered on the 6th Feb but the bed was not packed onto the van. We re-arranged for the bed to be delivered on the 15th Feb and only half the order arrived as they forgot to pack the other half! We need the bed to be delivered by the 18th. The earliest they can deliver the remaining half is the 20th, the customer service team say there is nothing they can do. Do I have any rights?
See post above, Your Rights, Mail Order, Online and Deliveries You can reject the item under CRA 2015. You can also claim for any out of pocket expenses such as wages, time taken off work for the delivery.
Can you give advice on negative reviews I got threatened with legal action and told to take my review off when I was unhappy well extremely unhappy with attitude and manner they dealt with me. I never been treated in that way before. I struggled to find guidance on how it’s safe to but a negative review. I have now lost confidence in reviews after this. How can you protect yourself if posting a negative account when it’s your opinion you can’t prove they spoke to you in an ill manner or that they demand as it’s in terms giving you 15 minutes to check your order isn’t damaged and once signed is not their problem if it’s damaged afterwards. I had to unpack my item on the drive luckily delivery man was very kind and said he dreads this company as his manager always ask why he took so long. They didn’t reply to my email asking when I would get item until I got a late last minute email in generic format saying I had 48 hrs in which it could arrive anytime so yes was happy with service. They said I caused slander so spoke to Trading Standards citizens advice and information commission and still no guidance. This scary me into taking my review down I just wish to save others as I wouldn’t want anyone to experience that.
Sorry for typo mistakes I’m also dyslexic and not ashamed to say it I struggle to read their terms also recommend 2 people to be available to receive item when I said I hadn’t any confidence in their approach I got told it was in my terms you tick a box when ordering I thought it was a don’t share your information box I didn’t expect terms like this.
Don’t think any company has ever taken someone to court over a bad review. It would hit the news and give them terrible publicity. They would have to prove it was libellous. Write reviews anonymously if it makes you feel better. If they threaten again I’d threaten them with taking them to court for harassment. You would need to take legal advice on that.
Please see around the blog, tips, the above post and book etc.
As regards the further email sent. Slander is verbal, libel is written so that’s wrong in any case, they have even threatened using the wrong word so how likely is it that they will do anything?!!! See all the bad reviews everywhere have any of these people ever been sued? No. You can’t find anything because my suspicion is because it is ridiculous. They would have to prove you were lying just for starters. The cost of taking you to court (plus the negative media publicity drawing attention to the review and I guess others like it about their company) would far outweigh any benefit. I doubt that they have taken any legal advice or they would have used the correct terminology. If they are a member of an ombudsman such as the Furniture Ombudsman you could phone them and tell them what has happened but I guess if they act like this that are not. If you are still worried then contact CAB again, they DO have legal people. I would be amazed if you get a letter from a lawyer or even from the company requesting that you take down the review or they will take legal action. Go straight to the media if you do. Meanwhile contact TrustPilot.
If you are still looking to get money refunded please follow the tips and advice on the blog and in the book where all you need about consumer advice and laws in getting redress is. Libel/slander is not consumer law, but unless you have said something like they are thieves (and even then they’d be pushing it in my non legal opinion) I personally can’t see it.
Look up libel (not slander) and you will be able to see for yourself if you think you come anywhere near to causing it. If so take legal advice or take it down. Put it into context, your review would have to be different to any other review out there.
If it is in their terms and conditions that you cannot put a bad review anywhere that would be an unfair contract term. See the post above. If you need further advice about getting redress from the company please see post above, tips and the book.
I purchased a 2012 Vauxhall Antara on 26th August 2016 with 32845 miles. On January 4th 2017 with approx 42,000 miles done, the differential assembly has failed internally causing major damaged to the whole gear box and casing. Can I claim against the dealer under the Consumer Rights Act 2015 for Unfit for Purpose or Not of Satisfactory Quality?
See Car buyers alert: how not to get fobbed off and How not to get fobbed off by a garage (and what to do if you have been!) You’re welcome.
I entered into a contract with a company called Student Support Centre. They gave all the story about how the company will help my child’s education. After sometime trying it out, I found out that the service is not suitable for my child at all. My child requires a personal tutor and not some DVD which was made since 2005. After trying to see if I could make any good use of it, I persisted but have called it quits because it is not doing him much good. Syllabus has changed since and requirements for exams have changed. This was one of the main things I raised with the sales person,who clearly said the syllabus changing does not make any difference. Now I am required to carry on paying for what I don’t use anymore. I believe this is financial misrepresentation. The sales persons are trained sales people and not teachers which I later found out. This is clear misrepresentation.
Complain. Please read post above, not fit for purpose. See links within for tips etc. See also Misrepresentation and Unfair Trading
We paid a deposit of £4500 to a company for a kitchen on the understanding that all details could be sorted out at a later date as the money was paid prior to a final survey and before any units had been ordered by the company or any contract signed. We subsequently lost faith in the company and asked for a refund which was declined. The company states that deposits are non-refundable and has also refused to participate in mediation. Do you think this company is acting within the terms of the 2015 Consumer Rights Act by refusing to refund the deposit?
Will all depend on what you have in writing otherwise hard to prove. If you have it all in writing you need to check what t & c says – but then you can still go for unfair contract terms under this and other laws. Also see if member of furniture ombudsman.
In July 2016, I ordered some furniture, (a corner sofa and a matching set of plain oak dining/lounge furniture including a round dining table complete with 4 chairs, a lamp table and a nest of tables), in store from Harveys Furniture at Chichester. As I was having some building work carried out, I paid a deposit, and arranged for delivery at the beginning of December. Harveys asked that the balance of payment should be made at anytime before December, which I duly did.
Delivery was arranged for 2nd December. On that day, they delivered the sofa. They had completely forgotten about the dining furniture. I re-arranged another date for delivery for the following week. On this occasion they delivered the lamp table, the nest of tables and the 4 chairs, but no table. I re-arranged the delivery for the 20th December. On the 20th they turned up with the wrong table (it was a painted table) and no table legs! My husband sent it away.
Now the manager of the store and customer services have admitted that not only is my table not available, but that it was not available at the time of the purchase in July! I have asked them to refund the cost of the round table, and said that I would accept a small, square table in it’s place, but that I expect it to be free of charge as compensation for having to take 3 days of work to be available for the ‘deliveries’, and for having had to make an extra 3 trips back to the store, and generally for all the hassle they have caused me. They have refused to do this. Can I now ask them to take all the oak furniture away and refund my money in total?
Please see post above, Tips Your Rights, Mail Order, Online and Deliveries and you can go the Furniture Ombudsman as Harveys are members.
Hi,
I booked a holiday with Easyjet which their site advertised a hotel with a spa/solarium and massage. I booked this and found out once I was there, there were no such amenities. I contacted Easyjet when I returned to the UK and haven’t heard anything since this month (Nov). I feel like I was falsely advertised these amenities on their site and misled to believe they had them. They are saying that this is incorrect. I have sent a complaint to the advertising authority but not sure where to go from here.
You haven’t asked me a question but please see All you need to know about booking/complaining about holidays/flights
Apple advertise the iPhone 7 as water resistant (in the advert the person is using it in the rain), I accidentally dropped it in water and have been told that the Apple warranty does not cover liquid damage. There was no disclaimer on the advert and the only mention is on their website but I didn’t purchase it directly from Apple. My argument is that it is protected under IP67 which means it has been tested to work for at least 30 minutes while under 15cm to 1m of water; mine was floating on the surface in a ziplock back for 15 second. Apple have told me I would need to claim off my insurance policy. Can I argue this is is a misrepresentation or a false representation of the product?
Contract always with retailer not manufacturer. Water resistant would not cover you for dropping it in water – that is quite different so the advert is not misleading. However, if it is described as being able to be submerged under x level of water for x length of time and your phone was not as deep and less time then the item is not as described and you are entitled to refund, repair or replacement. You’re welcome.
On the 8th of this month I entered into a contract with a marketing company to display my business on their customer leaflets.
Initially my issue was that I had not received any correspondence from
them with the promise of templates being sent to me on the Monday
morning following my appointment, 3 days prior, therefore forcing me to miss their target of receiving emailed artwork within 7 days. Which falls under their terms and
conditions (.5).
Furthermore, it was during the physical conversation with the sales rep that
I would have the sole position of utility provider amongst the advertising
space on offer. However on further inspection of their terms post appointment their T&C article .7 states;
“No client’s advertisement shall enjoy a preferential position or monopoly
rights on/ within this advertising medium.”
This directly contradicts the information I was given and henceforth would
have made me not commit to the agreement.
Additionally there was no mention of this being a non refundable contract
deposit at the time of signing which I believe to have been negligently omitted. Once again I would have taken additional time to consider my options.
I have contacted the company at my earliest opportunity to highlight the issues and
to allow sufficient time to find a new tender for the advertising space being offered.
They have responded and maintained the position that a contract had been signed and will continue as set out. I obviously do not agree.
Where do I stand?
Please. Thank you.
See post above regarding unfair contract and misleading information and follow the Tips.
[…] Consumer Rights Act 2015 comes into force on the 1st October 2015. (See the link for your rights) Part of the reasoning […]
[…] The Consumer Rights Act 2015 covers again. If services are not undertaken with reasonable skill and care and your items get damaged or lost then you have the right to claim compensation. This can be the cost of replacing the damaged or lost item although there may be a reduction for wear and tear of the original item. […]
Myself, my partner & our two children had been invited to wedding in Cyprus. The mother of the groom asked us to meet her at the travel agency (Thomas Cook) where she always booked through and told us they’d get us a good deal. We advised them of dates when we were going and the whereabouts in Cyprus our friends were getting married. The travel agent then proceeded to book us in at the hotel next door to the one the wedding was taking place at, said it was a good hotel and that unfortunately they couldn’t show us any photos as they didn’t have it in the brochures as it was through their partner, Flexitrips. We paid the deposit and booked this 2 week AI trip for 2 adults & 2 children, £3327. A few weeks later, when next going to make payment against the holiday, I took a look at the reviews of the hotel online, only to discover they were abysmal and that it was nicknamed Panaretti Prison. I raised these concerns with the travel agent when going in to pay and they assured me not to worry as it was to be renovated. Alas, we are due to fly out on the 20th August and the reviews remain the same, no renovations have taken place and we’ve also found out that there is no entertainment on offer, something that with 2 children we feel is important, given the length of the holiday and the amount paid, I feel very unhappy at the mere thought of going away and wanted to know if I was in the position to make a complaint to the tour operator and request that they amend our booking to alternative hotel?
See All you need to know about booking and complaining about holidays/flights. You’re welcome.
[…] Ensure that you state that you retain your legal rights under the Consumer Rights Act 2015 so that you are still able to claim if necessary afterwards when you write to […]
[…] 3) If it’s a large job get a contract drawn up. The Defective Premises Act 1972 provides a claimant with 6 years from the completion of the building work to make a claim if they consider the building to be defective. It relates to work undertaken by builders, developers, surveyors, architects etc. “Defective” is limited to work causing the property to be unfit for human habitation as a result of design, workmanship or materials. Improvement, small jobs and refurbishments are not covered by the Act but for services prior to October 1st 2015 you are covered by the Supply of Goods and Services Act 1982 which entitle you to work undertaken with reasonable skill and care and within a reasonable length of time. For services after then, use the Consumer Rights Act 2015. […]
[…] The CPUT Regulations were slightly updated to include “misleading and aggressive tactics”. We already had The Consumer Protection from Unfair Trading Regulations 2008 which were implemented under the EU Directive 2005/29/EC concerning unfair commercial practices in the internal market and were updated in 2014. Much is also covered by The Consumer Rights Act 2015. […]
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[…] Your rights and what you can do if not happy with your situation 1) The affected tumble dryers were manufactured before October 1st 2015 and are therefore covered by the Sale and Supply of Goods Act 1994. You are entitled to purchases that are fit for purpose and are of satisfactory quality. Whilst I agree that for you to be covered by this law, you should follow maintenance guidelines in the handbook, you should be able to put the machine on like you would a washing machine and dishwasher when you are asleep or out of the house! The affected tumble dryers are therefore not fit for purpose and not of satisfactory quality. Any products bought after 1st October 2015 are covered by the Consumer Rights Act 2015. […]
Hi I purchased a summerhouse on the 26th December and it was delivered on 15 February. My builder came to erecting it today and discovered that it was 1.2 metres bigger than described on the website. Do I have any rights to have it returned and refunded as it is much bigger than described. They said that it could be built without the porch but that was the whole reason I bought it. Any advice gratefully received.
Absolutely. Definite breach of CRA. Follow the tips and ask for full refund.
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everybody hates the “contact us” forms online and not finding a proper email address to complain to… Distance Selling regs state that a “contact us” form is not enough and a proper email address must also be present on a seller’s website.
Who enforces this ?
Distance Selling Regulations no longer apply and they did not state that an email address had to be present. As of 13 June 2014 the Consumer Contracts Regulations apply. The information about the seller must include a geographical address if payment is taken. When you place an order, the seller becomes obliged by law to provide further information in writing or by email.
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