A lack of interest in consumer rights invites poor service

Ihope you got what you wanted for Christmas; it’s a cliché, but a happy family day is always top of my wishlist. This year included the extra joy of four generations celebrating my youngest grandson’s first Christmas, and my husband dressing up as Santa to mark the occasion.

Gifts were secondary, but most seemed to hit the mark – although inevitably there were a few items that didn’t quite live up to expectations. The boring task of arranging returns now looms – something we would all rather forget about but it needs doing (and quickly) to avoid missing cut-off dates. (My husband’s eyes glazed over when I showed him this article; with him protesting he “just wasn’t interested” in consumer rights – sorry Richard, but this is why so many companies get away with poor quality and service).

So while I would like to forget about the world as much as possible between Christmas and the new year, I will carve out an afternoon to repackage items and join the Post Office queue to send off returns. And then I’ll sort out replacements – and check my bank account for refunds.

But getting our money back, exchanging clothing for the right size, or returning a defective item isn’t always straightforward.

Growing up, a post-Christmas trip to the local Marks & Spencer with ‘Remember, there are quite extensive legal rights to protect consumers, which can’t be overridden’

Helena Morrissey advises customers to fight their corner over faulty or unwanted goods

unwanted gifts became a seasonal tradition. My mother, sister and I would do a circuit on Dec 27, checking out the Laura Ashley sale before heading to M&S with unwanted gifts. M&S was unusual at the time for its “no questions asked” refund policy, handing over cash for jumpers or pyjamas. The policy was quite an incentive to shop for presents at M&S.

Today, the leap of faith that is part of online shopping necessitates a decent returns policy – but some sites make it easier than others. However, understandably, they all only refund the original purchaser. Last year I bought my teenage nephew trainers – my sister gave me his shoe size, but his feet were growing so fast the shoes were two sizes too small by Christmas. Liz sent them back – but the store didn’t offer exchanges and just credited my bank account. I transferred the money to my sister’s bank account so she and Luke could try them on at an actual shop. Even so, his Christmas present wasn’t sorted until February.

This year I popped a note inside gifts, offering to make any trade if needed. But while some sites extend their returns window for items purchased at Christmas, I was a little anxious when one gift, a dress for my daughter-in-law, arrived in a box declaring a seven-day returns policy. Surely such a restrictive policy couldn’t be right? It turns out it is not even legal. For online purchases, there’s a minimum 14 days to cancel, and another 14 days to send items back, for whatever reason. Remember, there are quite extensive legal rights to protect consumers, which can’t be overridden. Arm yourself with knowledge about those rights – and exercise them, with determination. If there’s any dispute or even hesitation, you might want to cite the Consumer Rights Act 2015.

The exact details of those rights vary according to how and when any purchase was made, and the reasons why you want to make a return. In short, you have more extensive legal rights for online purchases, and the quicker you act, the better.

If we buy something in a physical store, we don’t have a “legal” right to simply change our mind if, say, we buy the wrong size. Many shops offer more generous terms, though; if you’re not sure, check the store’s policy before you buy. If in doubt, go online instead. Wherever

you bought an item, if it’s faulty (and provided you weren’t aware of the fault), you are entitled to a refund, replacement or repair. The Act specifies we are entitled to a full refund within 30 days for faulty goods and that items must “last a reasonable length of time”.

The law may (often) be on our side, but we’ve all experienced the “computer says no” attitude. What can we do then? I suggest three options, before threatening legal action.

If you have reached a human, ask to speak to their manager. Take their name. Cite the Consumer Rights Act 2015. Tell them you will write a poor review if the issue is not resolved. Be confident. If that doesn’t work, contact Citizens Advice on 0808 223 1133 or Which? – the consumer website offers complaint letter templates tailored to several types of issues.

Write to own Katie Morley, who managed to get a £6,500 refund for a reader for a Cartier bracelet bought online after the store had refused compensation. Finally, please locate any gift cards now, put them in your wallet and spend them. Every year, we waste £300m on expired gift cards. Promise me this; if you received a gift card, spend it on something you will enjoy. And for everything else, fight your corner.

Baroness Morrissey is a member of the House of Lords. She has worked in financial services for more than 30 years