Consumer Rights my view.
I used to work for Consumer Direct and thank them for my knowledge, in fact I worked for the very first office in Shawbost on the Isle of Lewis and they put me through college where I achieved a professional certificate in consumer law.
I was born in Yorkshire so had a head start as we are born with deep pockets!
I have always believed that all people, whether prince or pauper must have the same rights and I try to abide by that in my daily life – yes we all have a laugh but in the end everyone is born and die equally.
I first ran into consumer law when I was 18 and had a car resprayed and the guy made a real mess of it, in the end I took him to court and he went out of business so am a bit ruthless where money is concerned.
Mostly in the early days the law was being developed, for consumers pretty slowly but with the advent of the Sale of Goods act 1979 plus the Consumer Credit act which included section 69 in 1974 giving the important equal liability clause it was a big way forward.
Equal liability means that under the Consumer Credit Act that the credit card company has equal liability to the trader, so in simple terms you can complain to the trader AND the credit card company, if you don't get recompense from the trader you will get it from the credit card company, don’t feel sorry for the credit card company, they do have teeth and they WILL pursue the trader.
My next case was a guy who sold me a motorcycle on ebay and it was not “as described” ebay didn’t have much power then and paypal hadn’t really been invented.
I gave him chance but ended up taking him to small claims court.
As ebay developed and paypal came along it gave much more protection, so you then not only had the protection of the credit card you had the protection under paypal rules.
NEVER give up, that’s my view.
BUT don’t try and pull the wool either, be fair, the trader has rights as well.
Its well worth reading the consumer direct website
Whats the best way to resolve a problem?
1) Expect a problem when you buy an item on the internet be prepared. so pay by credit card or at the minimum pay by paypal.
2) Keep a record of dates, also be aware that paypal have a date limit, so don’t let the trader string you along till the date has gone, yes talk to the trader but get that claim in, you can always cancel a claim.
3) If buying on line you have distance selling regulations so look them up, you DO have the right to cancel within a limited time.
4) Buying on line look for the padlock at the top or bottom of the browser – look for https at the start of the web address.
5) In shops, you don’t have to take that expensive extended warrantee out, you have the Sale of Goods Act to protect you, the time differs slightly in English law to Scottish law (if a salesman pushes me I always say no thanks if there is a problem will use the sale of goods act, it normally shuts them up)
6) Be fair to the trader though, you don’t have the right for your money back just because you don’t like it, however some traders will take it back but that’s goodwill – don’t mix up goodwill for the law!
7) If you have to complain – DO IT IN WRITING and send it by recorded delivery plus keep a dated receipt and copy of the letter, give the trader a set time to resolve the problem.
8) When making a claim think to yourself is it REASONABLE that the item broke down – do the manufacturers offer an extended warrantee that would last that long. EG: the new car you bought is it REASONABLE that the engine failed after 1 year (No its not REASONABLE) or the 10p item you bought is it reasonable if failed after 1 year (probably!)
So you have done all this and still nothing, feel aggrieved? Then give Consumer Direct a ring, they have direct access to Trading Standards, they will also tell you if its reasonable.
One last thing is that its difficult to bring a case that is outside the EU but not impossible
I have just had a case proven for a trader in the US and got a full refund – Thanks Paypal.
Be aware that 99.9% of people are honest so give them good feedback the 0.1% given enough grief and they will go out of business – the guy in the US has just gone out of business and only after I got others to do the same – Paypal pulled his account!!!
Why did I stop working for Consumer Direct?
I moved to England and unfortunately they didn't have an office near me, I do miss the buzz I used to get when a Trader ripped someone off and we got the person his rights - my personal best was getting someone a brand new car when they had almost given up on a lemon of a car!!
GOOD LUCK but be prepared – dib dib dib!!
I was born in Yorkshire so had a head start as we are born with deep pockets!
I have always believed that all people, whether prince or pauper must have the same rights and I try to abide by that in my daily life – yes we all have a laugh but in the end everyone is born and die equally.
I first ran into consumer law when I was 18 and had a car resprayed and the guy made a real mess of it, in the end I took him to court and he went out of business so am a bit ruthless where money is concerned.
Mostly in the early days the law was being developed, for consumers pretty slowly but with the advent of the Sale of Goods act 1979 plus the Consumer Credit act which included section 69 in 1974 giving the important equal liability clause it was a big way forward.
Equal liability means that under the Consumer Credit Act that the credit card company has equal liability to the trader, so in simple terms you can complain to the trader AND the credit card company, if you don't get recompense from the trader you will get it from the credit card company, don’t feel sorry for the credit card company, they do have teeth and they WILL pursue the trader.
My next case was a guy who sold me a motorcycle on ebay and it was not “as described” ebay didn’t have much power then and paypal hadn’t really been invented.
I gave him chance but ended up taking him to small claims court.
As ebay developed and paypal came along it gave much more protection, so you then not only had the protection of the credit card you had the protection under paypal rules.
NEVER give up, that’s my view.
BUT don’t try and pull the wool either, be fair, the trader has rights as well.
Its well worth reading the consumer direct website
Whats the best way to resolve a problem?
1) Expect a problem when you buy an item on the internet be prepared. so pay by credit card or at the minimum pay by paypal.
2) Keep a record of dates, also be aware that paypal have a date limit, so don’t let the trader string you along till the date has gone, yes talk to the trader but get that claim in, you can always cancel a claim.
3) If buying on line you have distance selling regulations so look them up, you DO have the right to cancel within a limited time.
4) Buying on line look for the padlock at the top or bottom of the browser – look for https at the start of the web address.
5) In shops, you don’t have to take that expensive extended warrantee out, you have the Sale of Goods Act to protect you, the time differs slightly in English law to Scottish law (if a salesman pushes me I always say no thanks if there is a problem will use the sale of goods act, it normally shuts them up)
6) Be fair to the trader though, you don’t have the right for your money back just because you don’t like it, however some traders will take it back but that’s goodwill – don’t mix up goodwill for the law!
7) If you have to complain – DO IT IN WRITING and send it by recorded delivery plus keep a dated receipt and copy of the letter, give the trader a set time to resolve the problem.
8) When making a claim think to yourself is it REASONABLE that the item broke down – do the manufacturers offer an extended warrantee that would last that long. EG: the new car you bought is it REASONABLE that the engine failed after 1 year (No its not REASONABLE) or the 10p item you bought is it reasonable if failed after 1 year (probably!)
So you have done all this and still nothing, feel aggrieved? Then give Consumer Direct a ring, they have direct access to Trading Standards, they will also tell you if its reasonable.
One last thing is that its difficult to bring a case that is outside the EU but not impossible
I have just had a case proven for a trader in the US and got a full refund – Thanks Paypal.
Be aware that 99.9% of people are honest so give them good feedback the 0.1% given enough grief and they will go out of business – the guy in the US has just gone out of business and only after I got others to do the same – Paypal pulled his account!!!
Why did I stop working for Consumer Direct?
I moved to England and unfortunately they didn't have an office near me, I do miss the buzz I used to get when a Trader ripped someone off and we got the person his rights - my personal best was getting someone a brand new car when they had almost given up on a lemon of a car!!
GOOD LUCK but be prepared – dib dib dib!!
