DON’T get FOBBED OFF!
Knowing your consumer rights can be the difference between getting what you’re entitled to and being left out of pocket. Here’s what to do if there’s a problem with a product or service you’ve paid for
Consumer affairs directors Emilie Martin and Joanne Finney highlight this month’s key issues
With everything costing more these days, it’s more important than ever to ensure you’re getting your money’s worth from both the products you buy and the companies you buy from. Whether it’s knowing how long you can wait to ask for a refund or understanding how warranties work, arming yourself with the right knowledge makes it easier to fight your corner if you encounter problems. We’ve rounded up eight common excuses you might hear from resistant retailers and provided the need-to-know facts you can use to respond to them to ensure you get what’s rightfully yours.
1 ‘You need to contact the manufacturer’
If the retailer tells you to contact the manufacturer, remind them that your contract is with them, the company to which you paid the money. The Consumer Rights Act 2015 (CRA) says that if a fault develops within 30 days of purchase, you are entitled to a full refund. After 30 days (and up to six months), you’re entitled to a repair or replacement. The CRA also states that any item you buy must be of satisfactory quality, free from defects and as described. If it’s not, you’re entitled to a refund, repair or replacement.
2 ‘You should have taken out a warranty’
Warranties should be looked at like insurance – they’re something you have in addition to your consumer rights, not instead of them, and the CRA states that any item you buy must last a reasonable length of time. For example, a television should last more than three years, so there’s no point buying a two- or threeyear warranty unless it offers protection against accidental damage that might not be covered by your home insurance.
3 ‘The guarantee has run out’
This is irrelevant. You have legal rights up to six years (this is how long you have to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland – five years in Scotland). So, it’s great if a guarantee lasts longer
than that, but otherwise stick with the CRA. After the six-month period mentioned previously, and if your guarantee is still valid, this your best option for a repair, replacement or full refund. Contact the manufacturer as it is usually the provider of the guarantee.
4 ‘You caused the fault’
If a fault develops within six months of purchase, it is assumed that the fault was there at the time you bought the item and, crucially, it is up to the retailer to prove it wasn’t there when you bought it. If a repair or replacement has failed, you have the right to reject the goods for a full refund or price reduction. After six months, it is up to the consumer to prove that the fault was there at time of purchase. In reality, this isn’t usually questioned.
5 ‘You have to pay for the return’
If you buy something online, there is a 14-day cooling-off period from whenever you receive the item, during which you can ask to return it for a full refund. Once you’ve informed the retailer about your return, you have a further 14 days to actually send your item back. It is up to the retailer’s terms and conditions as to whether you pay for the return, so check them carefully. However, if the item is in breach of the CRA (see left) then you don’t have to pay the postage to return the item, whatever you may be told.
6 ‘We don’t take back items bought in the sale’
Unless the fault was pointed out at time of purchase (and was therefore reflected in the sale price), your legal rights remain the same as if the item was sold at full price.
7 ‘We can’t take it back without a receipt’
You need proof of purchase but this doesn’t have to be a receipt. It could be a bank statement, credit card or loyalty card statement. It just needs to show you bought the item at that particular retailer.
8 ‘We don’t give refunds’
This is illegal. If an item breaches the CRA and if you are returning it within 30 days of purchase, the retailer must offer a refund. If you see a sign like this, report it to Trading Standards (via Citizens Advice at citizensadvice.org.uk or 0808 223 1133).