Do you dread a call from a doorstep salesman? Do you know the difference between a quote and an estimate? Do you know that you have fewer rights when you buy privately or at an auction?
There are laws to protect consumers from untrue claims, misleading prices and unfair contracts.
And there are codes of practice to protect you from doorstep sales, direct mail and mail order.
Misleading prices
The following leaflets are available from the OFT:
Buying by post
Prepayments
Consumer Information Line
0345 22 44 99
OFT guidance on where practical help may be obtained.
Open UK office hours; local call rates within the UK.
It is a criminal offence for traders to make misleading price claims about goods or services. For example, "Was
120. Now
99.99" is misleading if the goods or services have never been provided at the higher price. It is also misleading if a trader fails to show hidden extras, or to make it clear when a price is conditional on, say, another purchase. If you consider that you have been seriously misled about a price tell your local trading standards department and ask it to investigate.
Untrue claims
It is a criminal offence for a trader to say or write something which is untrue about goods or (in some circumstances) services. For example, if a car is said to have run only 20,000 miles, or the dry cleaner offers a 24 hour service, these statements must be true. If you feel you have been seriously misled, tell your local trading standards department.
Estimates and quotations
When you need or want to have a service done, find out in advance what it will cost by getting an estimate or a quotation. An estimate is generally a rough price, while a quotation is normally a fixed price. Make sure you know which you are getting and ask for it to be put in writing. Check whether prices quoted include VAT.
Goods on order from a shop
If you order something not in stock or which requires delivery, such as a new suite of furniture, you may agree a date by which you must have it. It is a good idea to get this in writing. If the goods do not arrive on time you can refuse to accept them. If you do not need the goods by a specific time, you could ask for an estimated delivery date. But even if you do not agree a delivery date the seller must still deliver in a reasonable time. If you think enough time has passed and do not want to wait any longer, tell the seller. Say that if the item has not come by a certain date (perhaps within 14 days) you want your money back. But if you agree at that point to wait longer - say an extra month - you cannot cancel in that time.
When you order something, you and the seller should agree a fixed price. You may agree that if the cost of the goods goes up before delivery, you will pay the increase. In some instances the cost may not be known. Whatever the situation, make sure you know where you stand, preferably in writing.
Mail order
Advertising Standards Authority
Brook House
2 Torrington Place
London WC1E 7HW
0171 580 5555
The ASA deals with complaints about the form and contents of adverts.
Mail Order Traders' Association
80 Old Hall Street
Liverpool L3 9TD
0151 227 4181
Many catalogue companies are members of MOTA and sign up to their code of practice.
You have the same statutory rights when you buy through mail order as when you buy from a shop, but there are other things you need to consider. Be particularly careful when giving your credit card details over the telephone that you are dealing with a reliable trader.
Goods should be delivered within a reasonable time, usually 28 days or as specified in the advertisement. If the goods do not turn up you can cancel the order and ask for your money back. But if you agree to allow the seller extra time, you cannot cancel until that time is up.
The law allows you a reasonable time to examine the goods. Do this as soon as you can and if they are faulty send them back immediately with a note explaining the problem. Keep a copy of your note. It is also advisable to get a proof of postage certificates from the Post Office. Most mail order catalogues have special arrangements for the return of goods. In other cases, the company should reimburse you for the cost of returning the goods.
If you order through an advertisement read it thoroughly before placing an order and keep a copy. If you cannot keep a copy, note the advertiser's name and address, where and when the advertisement appeared, when you posted your order and any other details, such as charges for postage and packing.
Try to avoid sending cash in the post. Use credit cards, cheques or postal orders. If you have to send cash, send it by registered post.
If ordering from a book or record club, make sure you know what commitment you are making. Find out exactly what you have to buy and over how long in order to qualify for the introductory offer.
Most newspapers and magazines have mail order protection schemes (MOPS). These cover you if you send payment in advance for goods in response to an advertisement, and the firm goes out of business before you get the goods or a refund. You can write to the publication's advertising manager for help.
Mail order protection schemes:
National daily newspapers
Mail Order Secretariat
National MOPS
16 Tooks Court
London EC4A 1LB
0171 405 6806
Magazines
Periodical Publishers Association
Imperial House
15-19 Kingsway
London WC2B 6UN
0171 379 6268
Regional & local papers
The Newspaper Society
74-77 Great Russell Street
London WC1B 3DA
0171 6367014
Scottish daily newspapers
Scottish Daily Newspaper Society
30 George Square
Glasgow G2 1EG
0141 248 2375
Many mail order companies belong to trade associations which may offer ways of resolving problems. Look for a trade association logo in advertisements or catalogues.
If you receive goods through the post that you have not ordered, you do not have to accept them. Write to the firm explaining that you do not want the goods. If they are not collected within 30 days, they become yours. If you do not write to the firm, put the goods to one side, unused. After six months they will become yours. A firm which demands payment for unsolicited goods could be breaking the law. If you come across this problem contact your local trading standards department.
Direct mail
Mailing Preference Service
Freepost 22
London W1E 7EZ
0171 738 1625 Many items bought by post are in response to direct marketing through catalogues, newspapers, magazines, inserts, postal advertising sent to you by name or hand delivered, or as a result of advertisements appearing on television, radio or posters. Some people are happy to receive the offers for goods or services which come through the letterbox. Others find them a nuisance and would prefer not to receive them. If you do not want to receive this sort of mail, you can ask for your name to be deleted from direct mailing lists by writing to the Mailing Preference Service. It may take up to three months for the unwanted mail to stop arriving.
Telephone sales
Telephone Preference Service
BT: 0800 398 893
Mercury: 0500 398 893
Other phone companies: contact the customer services number on your bill Many companies now use the telephone to promote their goods and services. If you would like to reduce the number of sales calls you receive, contact your telephone company and ask to register with the Telephone Preference Service. If you regularly receive unwanted calls from the same company write to it and ask it to stop. It is legally obliged to do this. If the calls keep coming you can take it up with the Office of Telecommunications (Oftel).
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On this page there are tactics you can use, tips and advice on how to get a satisfactory outcome to your complaint. If you have a valid complaint, you have a right to have the problem sorted out.
And it doesn't simply mean going to court. There are schemes, ombudsmen, advice agencies and trading standards officers who can all help you get the result you want.
Complaining about goods
Consumer Information Line
0345 22 44 99
OFT guidance on where practical help may be obtained.
Open UK office hours; local call rates within the UK.
Go back to the shop as soon as possible. If you have the receipt or other proof of purchase, take this with you. Explain the problem, say what you want done, and set a deadline.
If you are not satisfied, put your complaint in writing. If the shop is part of a chain, write to the head office. Address your letter to the customer services manager or the chairman.
If none of this works, get further advice, or consider whether you want to take the matter further by going to court.
Complaining about services
"Consider getting a written expert opinion to back up your complaint"
Complain to the supplier, giving it a chance to put the matter right. If you are not satisfied, put your complaint in writing, saying what you want done, and set a deadline. If you are dealing with a larger business, address your letter to the customer services manager or the chairman.
Consider withholding any further money until the problem has been sorted out, but check the small print of any contract you have signed. It may be desirable to seek further advice.
Be especially careful about withholding payments if you have a credit agreement. You may wish to take advice on this. If you stop paying it could affect your credit rating and so your chance of getting credit in the future. Continuing to pay will not undermine any claim you have against the lender for unsatisfactory service by a supplier.
Keep copies of letters along with a diary of events and a note of any telephone calls. Take photographs if relevant.
Consider getting a written expert opinion to back up your complaint. The motoring organisations can, for example, provide reports on cars, but any reputable trader with relevant experience can count as an expert. This may cost money, but could be invaluable if you need to take legal action.
If you did not fix a price and you think you have been overcharged when the bill arrives, get quotes from other traders for comparison when you complain. Some may charge to provide a quote.
If you have a problem with goods or services bought on credit, you may have some additional protection.
General tips
If you telephone:
1.make a note beforehand of what you want to say; 2.have receipts and any other documents handy; 3.get the name of the person you speak to; 4.write down the date and time and what is said; 5.follow up your call with a letter, particularly if your complaint is a serious one.
If you put it in writing:
1.describe the item or service; 2.say where and when you bought the item or when the service was done, and how much it cost; 3.explain what is wrong, any action you have already taken, to whom you spoke and what happened; 4.say what you want done to remedy the situation
for example, a refund or repair, or the job done again without charge; 5.consider using special delivery so that you can easily check whether your letter has been delivered; 6.keep copies of any letters you send. Do not send original documents, such as receipts and guarantees - send copies instead.
They can help in many situations relating to goods and services. They have powers to investigate complaints about false or misleading descriptions or prices, inaccurate weights and measures, consumer credit and (except in Northern Ireland) the safety of consumer goods. They will often advise on everyday shopping problems. The address is in the telephone book under your county, metropolitan district, London borough or Scottish regional council. In Northern Ireland contact the trading standards branch of the Department of Economic Development.
Some trading standards departments run consumer advice centres near main shopping areas. These offer advice and information to shoppers and traders, and deal with problems and complaints.
Environmental health departments
These deal with health matters such as unfit food and drink, dirty shops and restaurants, and, in Northern Ireland, consumer safety matters. The address can be found in the telephone book under your district, metropolitan district, London borough, Scottish district or Northern Ireland borough council.
Citizens advice bureaux
They can help with a wide variety of problems, including shopping complaints. Look under Citizens Advice Bureaux in the telephone book.
Law centres
These are place where you can get free advice from qualified lawyers. It is worth checking if there is one near you.
Trade associations
Traders often belong to trade associations. Some of these have codes of practice, and some have low-cost conciliation or arbitration schemes. A code of practice is not legally binding, but it can be a guide as to whether traders have broken rules by which they claim to abide. If they have, then an arbitrator should find in your favour. Not everyone who claims to be a member of a trade association is, so it is worth checking with the association. You can find the names and addresses of relevant trade associations from your local library or citizens advice bureau.
Utilities
If you have a complaint about utilities (gas, water, electricity, or telephones), try first to sort out the problem with the company. Your bill will have a customer service telephone number that you can call. These four utilities each have a regulator who has the power to help resolve consumers' problems.
Ombudsmen
There are ombudsmen for services such as banking, building societies, funerals and insurance:
Banking Ombudsmen
70 Grays Inn Road
London
WC1X 8NB
0171404 9944
Building Society Ombudsman
Millbank Tower
Millbank
London
SW1P 4XJ
0171 931 0044
Insurance Ombudsman
City Gate One
135 Park Street
London
SE1 9EA
0171 928 7600
Corporate Estate Agents Ombudsmen
Beckett House
4 Bridge Street
Salisbury
SP1 2LX
01722 333306
Funeral Ombudsman
31 Southampton Row
London
WC1B 5HJ
0171 430 1112
Legal Services Ombudsman
22 Oxford Court
Oxford Street
Manchester
M2 3WQ
0161 236 9532
Pensions Ombudsman
11 Belgrave Road
London
SW1V 1RB
0171 834 91444
Personal Investment Agency Ombudsman
3rd Floor Centre Point
103 Ne>
w Oxford Street
London
WC1 1QH
0171 240 3838
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Conciliation and arbitration
"You have to choose between court and arbitration - you cannot do both" If the trader is a member of a trade association, there may be a conciliation or arbitration scheme you can use. Some associations have both. Do not be put off - such schemes are informal and generally inexpensive. But arbitration may not necessarily be cheaper than going to court under the small claims procedure. Check what fees you will be expected to pay if you lose the case.
In conciliation, the idea is to enable the parties to settle their differences themselves. It does not result in a legally binding decision, and if you are not satisfied with the outcome, you can go on to arbitration, or to court. Arbitration is more like going to court, and is very straightforward. Both sides put their case and the arbitrator (arbiter in Scotland) makes a decision. The arbitrator or arbiter will be independent and an expert in the particular field concerned, and may be a member of the Chartered Institute of Arbitrators.
Arbitration is often done in writing. If you feel happier putting your case in person, you should consider using the small claims procedure in the County Court.
You have to choose between court and arbitration - you cannot do both. If you do not like an arbitrator's decision, you cannot then go to court (except in special circumstances). Under the Consumer Arbitration Agreements Act 1988, a clause in a contract which says that you have to go to arbitration cannot bind you provided the value of your dispute is not greater than the small claims limit.
Before going to arbitration or to court you may wish to seek an impartial opinion on the merits of your case. This is best obtained from a solicitor. Some solicitors work in law centres or advice agencies which offer free advice. Many solicitors in private practice offer a low-cost initial interview. Your local citizens advice bureau can help you find such a solicitor.
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Going to court
Related sites of interest
(These sites are not run by the OFT. We have no responsibility for their contents.)
Legal Aid Board
A guide to the UK court system
A guide to the small claims system
If you are struggling to get a complaint sorted out, you can take further action. Just telling a trader who is being unhelpful or obstructive that you will go to court could be enough to get your complaint resolved. If you do have to take legal action, it can be much easier than it sounds and could be well worth the effort.
If you do not want to use a trade association scheme, or no such scheme exists, you can go to court to sue for the return of your money or for compensation. This is easier than it sounds. Outside Scotland, if you can keep your claim to
3,000 or less, it will be dealt with in the County Court where it will be heard as a small claim, informally and in private. In Scotland, claims of up to
750 can be taken to the Sheriff Court.
The small claims procedure is designed to be used without either side having to go to solicitors. If your opponent employs a solicitor, you cannot be charged the cost even if you lose your case. The only exception to this rule is if the court thinks you caused unnecessary costs, for instance, by making a wholly unreasonable claim or not attending the hearing.
To start a small claims action, fill in a summons form with your name and address, that of your opponent (the defendant, or, in Scotland, defender) and a brief statement of your case. You do not need to use technical language. Take or send the completed form to your local County or Sheriff Court
There is a court fee, but this is payable by your opponent if you win your case. Outside Scotland the fee is 10p per
1 claimed, with a minimum fee of
10. Over
1000 to
3,000 the fee is
65. In Scotland the fees are
6 for claims up to
50, and
32 for claims over
50 to
750. The court will serve the summons on the defendant and tell you what to do next.
The necessary forms are available from the court office (look under Courts in the telephone book for the address) together with an information booklet. Some bookshops sell advice packs which include the forms.
You can get advice, leaflets explaining court procedure, and help filling in the court forms from your local citizens advice bureau or consumer advice centre. Some of these can provide free legal advice as well, and someone from there may even be able to go to court with you. Leaflets are also available from any County or Sheriff Court.
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'Useful Things To Know - Advice and Tips
How To Complain
Buying on credit can bring its own problems, but it can give you extra rights too.
Sometimes it's not always easy to get credit or the credit deals that are available are less than generous. It is as important to shop around for credit as for any other purchase.
There's no easy way out of debt, but the sooner you face up to the problem, the easier it will be to solve.
Buying on credit
Consumer Information Line
0345 22 44 99
OFT guidance on where practical help may be obtained.
Open UK office hours; local call rates within the UK.
The following leaflets are available from the OFT:
Creditwise
Debt
Your mortgage
Most people at some time will use credit to purchase goods or services, for example, by obtaining a personal loan through a bank or building society, hire purchase, or a credit agreement with a trader. Before buying anything on credit you should consider the following points.
Work out what the total cost of the loan will be.
Shop around for credit: how much will a loan cost to repay each month and for how long? Check also the annual percentage rate of charge (normally referred to as APR). Generally speaking, the lower the APR the better the deal. Some traders offer interest free credit (0%APR) but you will need to take care that you are not paying higher amounts in other ways; for example, it may be a higher cash price than you would pay for the same goods elsewhere.
Make absolutely sure you have read and understood all credit agreements before signing them. If there is anything you do not understand, ask.
Make sure you can afford to pay back the loan and the interest - and still have enough to cover all your other commitments.
Check whether the loan has a variable rate of interest. If it has, your repayments can go up as well as down. Make sure you can really afford it.
Some loans are only given if they are secured on your home. These are not available if you rent. A secured loan gives security to the lender, not to you. If you cannot keep up with the repayments the lender can sell your home to cover any loss. You might get a lower rate of interest with a secured loan but you could have a lot at stake.
Your credit reference
Credit reference agencies
The two main agencies in the UK are:
CCN Group
PO Box 40
Nottingham
NG7 2SS
tel 0115 986 8172
Equifax Europe
Dept 1E
PO Box 3001
Glasgow G81 2DT
tel 0990 783783
No-one has a right to credit. Before giving you credit, lenders - such as banks, loan companies and shops - want to check whether you are an acceptable risk. To help them do this, they may check with firms called credit reference agencies to get some basic details about you and your credit record. These agencies do not keep blacklists or give any opinion about whether or not you should be given credit. They simply provide information about your credit record. It is the lender who decides whether you are an acceptable risk.
Credit scoring
Many lenders use credit scoring systems which allocate points to various pieces of information given on your application form, such as your age, your occupation and whether you own your home. These points are added together to produce your credit score. This helps the lender predict whether you are an acceptable risk. Different lenders have different systems and pass marks, so you can be turned down by one but accepted by another. Your credit score is not part of the file kept on you by the credit reference agencies. Lenders do not have to tell you exactly why they have turned you down, but they should give an indication of the reason.
Your rights
If you are refused credit you have certain rights. In particular you have the right:
to know the name and address of the credit reference agency that the lender contacted for details about you;
to see any information held about you by that agency;
to correct any inaccurate information.
You must act within 28 days of the last time you contacted the lender about the credit deal. The OFT's leaflet No Credit? gives more details about your rights to see your credit record and amend it. The Data Protection Registrar may also be able to intervene in a dispute with a credit reference agency.
Cancelling a credit agreement
"If you can cancel, act quickly, as there are tight time limits"
You have a short time in which to change your mind if all the following points apply.
You signed the credit agreement after discussing the deal face to face with the trader.
You signed away from the contractor's or lender's premises.
The amount of credit is between
50 and
15,000 and is not secured on your property.
When you sign, you should be given a copy of the credit agreement, which sets out your cancellation rights. You should also receive, by post, a second copy or a notice of your cancellation rights.
Withdrawing from an agreement
The effects of withdrawing are the same as cancelling You can withdraw from any agreement before it has been signed by both you and the lender. This means acting quickly. If you have already signed, you will have to let the lender know that you have changed your mind before they sign. It's probably best to phone, fax or e-mail and then confirm by post. The effects of withdrawing are the same as cancelling.
This is particularly important with agreements secured on your home where the lender must send you an advance copy of the agreement at least seven days before sending the actual agreement to be signed. The lender must not contact you during this consideration period to give you time to think about the deal (but you can contact them).
Credit brokers' fees
If you use a broker to get a loan, including a mortgage or a loan secured on your home, you will probably be charged a fee for the service. Make sure you know what this will be before you commit yourself. If, however, you do not enter into a loan agreement within six months of being introduced to a possible lender, the broker can only charge a fee or commission of
3 and if you have already paid more you can recover the excess. Similarly, other fees, such as a survey fee paid to the credit broker in connection with a loan that you do not eventually take up, are also refundable if you are borrowing
15,000 or less.
Extra protection when using credit
Buying on credit does give you some extra rights, for example, if goods are faulty. If a trader has an arrangement with a finance or credit card company to allow you to pay by credit, you have extra protection. This applies if the goods cost more than
100. The credit company is equally liable for a breach of contract or misrepresentation by the trader. For example, if the goods are not delivered or are not what you ordered, or a holiday was wrongly described or you did not get what you paid for, you may be able to claim from the credit card or finance company.
It is sensible to approach the trader first. You can, however, make a claim against the credit card issuer or finance company without going to the supplier first. You do not have these rights if you pay with a debit card (where the money is taken out of your account immediately) or a charge card (where you must pay all you owe within a few weeks of receiving the account).
This area of law can be interpreted in a number of ways. You may wish to seek advice from a Citizens Advice Bureau or a Trading Standards Department before you proceed.
Settling up early
You may find that part way through repaying your loan, you have enough money to pay off the whole amount owing in one go. If so, you could be entitled to a rebate of some of the charges you would have paid over the rest of the life of the loan. It depends on the type of agreement you have with the lender. It can sometimes cost more than you expect to settle up early and in a few cases you could still have to pay more than the original amount borrowed. Even so, settling early will cost less than carrying on with the repayments plus interest for the full length of the loan.
Getting out of debt
"The sooner you face any debt problem, the easier it will be to solve it"
The sooner you face any debt problem, the easier it will be to solve it. Don't ignore it and hope it will go away. If you do, you could end up in court, lose the goods you've bought or find it difficult to get credit in future. You might even lose your home. Even if you aren't up to your neck in debt, it's surprising how quickly it can build up and how long it takes to pay back.
Work out exactly how much you owe, who you owe it to and what you can pay back. This will help sort things out in your mind, and help your creditors to see where you stand. Contact the creditor(s) as soon as possible to explain the problem and try to come to some agreement about repayments. Your debt won't be written off but you might be able to pay it back in smaller payments over a longer period of time. This will probably cost you more in interest payments in the long term but may be more manageable now.
Follow a five point action plan:
1.How much do you owe? List your debts. Work out when payments fall. Identify the priority debts.
2.How much do you earn? Work out how much money you have coming in. Are you claiming all the benefits you are entitled to? Are you paying too much tax?
3.What do you spend? List your essential and less essential spending. Compare it with your incomings. What do you have left over to offer to creditors?
4.Nothing left over? Are there any areas in which you can cut down your spending? Is there any way in which you could earn extra money?
5.Talk to your creditors. Send them a financial statement showing your income and outgoings. Explain your offer to pay off your debt.
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There are certain basic legal rights you have when you buy goods or services. These rights apply to goods bought or hired from a shop, street market, mail order catalogue or doorstep seller. They include goods bought in sales.
And when you pay for service, the law entitles you to certain standards.
Buying goods
Consumer Information Line
0345 22 44 99
OFT guidance on where practical help may be obtained.
Open UK office hours; local call rates within the UK.
Leaflets from the OFT:
A Buyers Guide
Buying Goods
Buying Services
Unfair contract terms
The law says that goods must be:
of satisfactory quality - they must meet the standard that a reasonable person would regard as acceptable bearing in mind the way they were described, what they cost and any other relevant circumstances. This covers, for instance, the appearance and finish of the goods, their safety, and their durability. Goods must be free from defects, even minor ones, except when they have been brought to your attention by the seller for example, if the goods are said to be shop-soiled.
fit for their purposes, including any particular purpose mentioned by you to the seller - for example, if you are buying a computer game and you explain that you want one which can be played on a particular type of machine, the seller must not give you one that cannot;
as described - on the package or a display sign, or by the seller. If you are told that a shirt is 100% cotton, then it should not turn out to be cotton and polyester.
These are your statutory rights. All goods bought or hired from a trader - whether from shops, street markets, mail order catalogues or door-to-door sellers - are covered by these rights. This includes goods bought in sales. When you decide to complain, bear in mind how the item was described. A new item must look new and unspoiled as well as work properly, but if the goods are second hand, or seconds, then you cannot expect perfect quality.
Many traders have goodwill policies which go beyond your statutory rights. For example, some stores will allow you to exchange goods which are not faulty, such as clothes which are the wrong size.
If things go wrong
Credit notes: when you reject faulty goods you may be offered a replacement, free repair or credit note. You do not have to agree to any such offer. You can insist on having your money back in full. If you accept a credit note you will not usually be able to exchange it for cash later on. So you may be left with an unwanted credit note if you cannot find anything else you like in the shop. Moreover, some credit notes may be valid for only a limited period. If there is something wrong with what you buy, tell the seller as soon as possible. If you are unable to return to the shop within a few days of making the purchase, it is a good idea to telephone to let it know about your complaint. Make a note of the conversation and to whom you spoke.
If you tell the seller promptly that the goods are faulty and you do not want them you should be able to get your money back. As long as you have not legally accepted the goods you can still reject them - that is, refuse to accept them. One of the ways you accept goods is by keeping them, without complaint, after you have had a reasonable time to examine them. What is reasonable is not fixed; it depends on all the circumstances. But normally you can at least take your purchase home and try it out. If, however, you delay in examining what you have bought, or in telling the seller about a fault, then you may lose your right to reject.
Note that if you signed an acceptance note on receiving goods this does not mean you have signed away your right to reject. You still have a reasonable time to examine them. Letting the seller try to put faulty goods right also has no effect on your rights - if the repair fails, you still have any right to reject that you had when you agreed to the repair.
Once you have, in the legal sense, accepted goods, you lose your right to a full refund. You can only claim compensation, and you have to keep your claim to a reasonable minimum. Normally you have to accept an offer to put the goods right, or the cost of a repair. But if the goods are beyond economical repair you are entitled to a replacement, or the cash value of a replacement if none is offered.
"If you received the faulty goods as a present, you may have to ask the person who bought them to complain for you"
Some goods have manufacturers' guarantees. These are useful when your statutory rights no longer apply. Claiming under guarantees often results in fewer quibbles than relying on your statutory rights, provided you complain within the guarantee period. Use this link for more information on guarantees.
Do not be put off by traders trying to talk their way out of their responsibilities.
The law says it is up to the seller to deal with complaints about defective goods or other failures to comply with your statutory rights. So do not accept the excuse that "it's the manufacturer's fault". But you may have additional rights against the manufacturer under a guarantee.
You have the same rights when you buy sale goods as at any other time; the seller cannot get away with notices saying there are no refunds on sale goods. Think twice before you buy from a trader who displays a notice like this. It is against the law, and local authorities can prosecute the trader. Use this link for more information on exclusion clauses.
You have the same rights even if you lose your receipt. A receipt, however, is useful evidence of where and when you bought the goods.
You may be able to claim compensation if you suffer loss because of faulty goods; for example, if a faulty iron ruins your clothes.
Presents
If you received the faulty goods as a present, you may have to ask the person who bought them to complain for you, or to authorise you in writing to complain on his or her behalf. Only the buyer has the statutory rights described earlier.
Returning goods
You are not legally obliged to return faulty goods to the seller at your own expense. If an item is bulky and would be difficult or expensive to return to the shop, ask the seller to collect it. But this does not apply where you complain about faults after having accepted the goods, or if you got the goods as a present.
Private sales & auctions
You have fewer rights if you buy privately (that is, not from a trader) or at an auction. But if you are injured by defective goods, or they cause property damage costing you
275 or more, you have certain rights regardless of how they were bought or whether they were a gift. If in doubt seek further advice.
You have no real grounds for complaint if you:
were told about the fault;
examined the item when you bought it and should have seen the fault;
did the damage yourself;
made a mistake when purchasing the item;
simply changed your mind about the item.
Under these circumstances you are not entitled to anything, but many shops will help out of goodwill. It is always worth asking.
Buying a service
More details on the law: These pages can only give a basic guide to consumer law. Copies of the legislation are available from HMSO.
When you pay for a service - for example, from a dry cleaner, travel agent, car repairer, hairdresser or builder - you are entitled to certain standards. A service should be carried out:
with reasonable care and skill - a job should be done to a proper standard of workmanship. If you get a new extension to your house, the walls should not start to crack and the roof must not leak;
within a reasonable time - even if you have not actually agreed a definite completion time with the supplier of the service;
at a reasonable charge, if no price has been fixed in advance - if the price was fixed at the outset, or some other way of working out the charge was agreed, you cannot complain later that it is unreasonable. Always ask a trader how much a particular job will cost. The trader may only be able to make an informed guess at the cost and give you an estimate. If you agree a fixed cost it is usually called a quotation. A fixed price is binding whatever it is called.
Where materials (such as bricks or wallpaper) are used in the provision of a service, or the service involves fitting goods (such as double-glazing or radiators), the materials and goods are covered by the law in the same way as when you buy them directly.
Whether you are buying goods or services, it could be worth checking, before you part with your money, whether the business or person providing the service is a member of a trade association. Membership does not guarantee satisfactory work, but if anything goes wrong, it could make it easier to get things put right. In some sectors trade associations are very active and have codes of practice. If a trader does adhere to a code of practice this may also benefit you if a problem arises.
Unfair contract terms
"A new law to stop unfair clauses in contracts with consumers"
You are not bound by a standard term in a contract with a trader if it unfairly weighs the contract against you. This applies particularly to exclusion clauses. But a new law means that, in contracts concluded since 1 July 1995, other kinds of unfair small print are also covered.
Examples are penalty clauses and (except in special circumstances) terms which give the trader the right to vary the terms of the contract (for instance, by increasing the price) without you having the right to withdraw.
The new law applies to standard terms - those you have not negotiated yourself - in contracts for goods and services that you buy as a consumer. Terms that define what you get and how much you pay are not covered unless they are unclear. So the law cannot be used to argue that a contract does not represent fair value for money.
It is for the courts to decide if a term is unfair. If you think a term is unfair and you do not wish to be bound by it, you may wish to seek advice from your local trading standards department or citizens advice bureau. You can also write to the Director General of Fair Trading. When he receives a complaint about a term, if he considers it unfair he can take action in court to stop its use in future contracts. He cannot, however, get involved with individual cases.
Consumer safety
"It is an offence for a supplier to sell goods unless they are safe"
It is an offence for a supplier to sell goods unless they are safe. This applies to both new and secondhand products, but not to antiques or to goods needing repair or reconditioning, providing you were clearly informed of this fact. If you believe you have bought unsafe goods, you should contact the trading standards department of your local authority. Prompt action may help prevent accident or injury to other customers.
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While holidays are meant to be enjoyed, they still need a little planning and preparation to make sure you get a good deal and to give you some protection if things start to go wrong.
A few simple precautions will help to ensure that you are not disappointed.
Choosing your holiday
Association of British Tour Operators
55-57 Newman St
London
W1H 2AA
0171 706 2458
Association of Independent Tour Operators
133a St Margarets Rd
Twickenham
TW1 1RG
0181 744 9280
Air Travel Organisers' Licence Civil Aviation Authority
45-59 Kingsway
London
WC2B 1RG
0171 832 5620/6600
Choose travel agents and tour operators who belong to a trade association that has a code of practice. Look for ABTA (Association of British Travel Agents) or AITO (Association of Independent Tour Operators) on brochures or invoices.
All package travel tour operators must be bonded or protect the prepayments they hold by other specified means. This means that if the tour operator ceases trading before you travel you should get money back. If you are already abroad, you should be able to carry on with your holiday and get home without any extra payments, although if your tour operator is not a member of ABTA or AITO, and does not hold an ATOL, you may have to pay some expenses up front and get your money back after you return.
Package holidays which include flights must be protected by an ATOL (Air Travel Organisers' Licence) granted by the Civil Aviation Authority (CAA). Every ATOL holder is examined each year by the CAA to ensure that it is fit to hold a licence and is financially sound. This does not mean that the company cannot fail, but it is less likely to. You should look for the ATOL number in brochures and on invoices.
Paying for your holiday
Consumer Information Line
0345 22 44 99
OFT guidance on where practical help may be obtained.
Open UK office hours; local call rates within the UK.
There are advantages in paying for your holiday by credit. If it turns out to be a disappointment because it was wrongly described or you did not get what you paid for, you may be able to claim against the credit company as well as the travel agent or tour operator. This is the case even if the travel firm goes out of business before your holiday begins or while you are away. Use this link for more information on the extra protection when you use credit.
Travel insurance
"Arranging your own insurance is usually cheaper than buying standard policies offered by the operator"
It is a wise precaution, although not a legal requirement, to take out travel insurance. Sometimes a holiday operator has a policy of insisting that customers take out its own travel insurance. Or operators may offer discounts on holidays only if particular travel insurance is taken out. In those circumstances, you should satisfy yourself that the package (including the insurance) represents good value for money. If taking out travel insurance is a condition of taking the holiday you have no right to opt out of that requirement. Making your own insurance arrangements is usually cheaper than buying standard policies offered by the operator. Check the details of any travel insurance policy very carefully.
They should cover at least the following:
cancellation or cutting short of your holiday;
illness or injury while you are away;
loss or theft of your belongings;
delayed or missed departures;
liability for accidents to others.
Make sure you know what is excluded and what procedure you would need to follow in the event of having to make a claim (for example, reporting a theft to the local police).
Holiday problems
If you have a problem whilst you are on a package holiday, bring it immediately to the attention of the tour operator's representative at the resort. If necessary ask for a complaint form, or put your complaint in writing in a separate letter.
If things are not put right straight away, collect evidence about the problem such as photographs, and statements from other holidaymakers. Once you get home, check what your holiday brochure said. It is an offence for operators to misdescribe what they offer you. Then contact the tour operator and send them copies of your evidence (always keep the originals). Explain what went wrong and tell them how much compensation you want. Do not give in if you are offered much less than you have asked f
or: keep pressing for what you think is fair.
Contact ABTA or AITO if the tour operator is a member. ABTA provides an independent arbitration service and AITO an independent dispute settlement service which you can use if you wish. Alternatively (or if the tour operator is not a member of ABTA or AITO) you can take your case to the County Court (or Sheriff Court in Scotland) under the small claims procedure. Use these links for more information on arbitration, on going to court, and on where to get help.
Timeshare
"If you sign a timeshare contract in the United Kingdom, you have a cooling off period of 14 days in which you can cancel the contract"
Timeshare Council
23 Buckingham Gate
London
SW1E 6LB
0171 821 8845
Be careful - some companies use dubious tactics to sell timeshare. For example, you may be offered a prize or a gift as an inducement to attend a presentation where you will be under a lot of pressure to sign on the spot. Unless you are seriously considering buying from the company concerned, do not go.
If you sign a timeshare contract in the United Kingdom, you have a cooling-off period of 14 days in which you can cancel the contract (and any related credit agreement) and get your money back. You probably will not have this right if you sign a timeshare contract abroad. If you are uncertain about your position you should not sign but wait until you get home and seek legal advice.
If you buy timeshare and you find you have not got what you paid for, you may still be able to get your money back, provided you paid on credit. This does not apply if you just change your mind.
If something goes wrong, get advice straight away. Contact a solicitor or seek advice from a body such as the Timeshare Council, the trade association in the United Kingdom.
While furnishings and electrical goods are covered by the same rules as any other purchase, the trade associations have set up codes of practice to help you resolve problems. And there are other precautions you can take.
Householders spend hundreds of millions of pounds on home improvements or repairs each year. Although many home improvements result in satisfactory work, complaints about the trading practices and the work of builders are all too frequent.
However, by taking a planned approach to your building work, you can limit the probable causes for complaint.
Buying furnishings
Consumer Information Line
0345 22 44 99
OFT guidance on where practical help may be obtained.
Open UK office hours; local call rates within the UK.
Qualitas
Conciliation Service
Maxwell Street
Stevenage SG1 2EW
Tel 01438 316 100
If you are buying furniture, shop around and compare goods and prices to get the best deal. Get information from leaflets, catalogues, and labels. Check that upholstered furniture carries a label stating that it meets fire safety requirements. Do not be afraid to test the goods; if you are buying a bed, lie on it for a time to see that it is comfortable. If you are getting carpets fitted, check that the colour and design correspond with the sample you chose and that, when laid, the roll of carpet delivered is not faded or flawed. Do not pay the whole cost until all the work has been done to your satisfaction.
Furniture often has to be ordered and you may have to pay a deposit. Check that you know exactly how much you will have to pay for the goods when they arrive. Use these links for more information on deposits and for advice on taking delivery of goods on order. Some manufacturers and retailers in the furniture and carpet industries subscribe to the Qualitas Code of Practice. Traders who endorse the code should display a logo with the word Qualitas on it. Similarly, furniture produced by manufacturers who subscribe to the code should be labelled with the Qualitas logo. All Qualitas members are pledged to repair, replace or make a refund to consumers for faulty or damaged goods, and to deal with complaints speedily and sympathetically.
Complaints
Direct your complaint to the trader who sold you the goods. Follow the suggested complaints procedure.
If you have made every effort to resolve the matter with the trader and it is more than three months since you first made your complaint, you can refer the matter to the Qualitas national conciliation service, if the trader is a member of the association. The conciliation service is independent. The conciliator, whose decisions are binding on the retailer, will try to settle the matter to everyone's satisfaction. If you are not happy with the decision, you can take court action, using the conciliator's findings if you wish.
Qualitas cannot investigate a complaint until three months have elapsed since you first made your complaint and only if you have exhausted the trader's own complaints procedure. If you cannot resolve the problem with the trader and less than three months has passed, seek help from your local trading standards department, citizens advice bureau or consumer advice centre.
To help resolve complaints, Qualitas also offers an independent furnishings and floor coverings inspection service, which is available whether or not the trader or manufacturer is a member.
Electrical goods
"Keep details of any guarantee or warranty with your original receipt and any service or repair documents; they may be needed later"
Electrical manufacturers are constantly developing their products as technology advances. But are you sure you are going to need all those extra features? Decide exactly what you want. Look at publications like Which? (the magazine of the Consumers Association) and specialist magazines. Then shop around, comparing prices and after-sales service.
Check whether there are any special installation requirements and the servicing and repair arrangements. Some shops are happy to deliver and install goods for no extra charge. Familiarise yourself with the instructions and controls. Some manufacturers provide telephone helplines to help sort out problems. Many home service calls made by engineers to look at new electrical products result from incorrect use of the item.
Find out if there is a guarantee, what it covers, what is excluded and how long it is for. Often you will be asked if you want to buy an extended warranty. If you do, make sure you know what it costs, what it covers, and whether you think the peace of mind provided is worth the extra money. Check the procedures for making a claim. Will the warranty pay for repairs up front or will you have to pay first, and then claim the money back afterwards?
Keep details of any guarantee or warranty with your original receipt and any service or repair documents; they may be needed later. It is a good idea to make a note of serial numbers for future reference.
Electrical faults and repairs
"You are entitled to a repair in a reasonable time. If you feel it is taking too long, tell the repairer"
If a new electrical appliance does not work properly or becomes faulty, first of all check that you have followed the instructions properly and that it is correctly installed and wired. Telephone the shop if you are unsure. If it still does not work, complain.
If an appliance breaks down later owing to manufacturing faults you may still be able to claim compensation from the seller, even if the appliance is covered by a manufacturer's guarantee.
The repairer may have to examine the item to locate the fault and is entitled to charge a fee for doing this, so long as you know in advance. Ask if this will be taken off the final bill.
You are entitled to a repair in a reasonable time. If you feel it is taking too long, tell the repairer - preferably in writing - setting out a reasonable deadline. If the repairer agrees with this and the deadline is not met, you may be entitled to claim compensation. If you are unhappy with the repair work, make a complaint.
Electrical trade associations
RETRA
Retra House
St John's Terrace
1 Ampthill Street
Bedford MK42 9EY
01234 269110
AMDEA
Rapier House
40-46 Lambs Conduit Street
London WC1N 3NW
0171 405 0666
DASA
Hazeldene
Wengeo Lane
Ware SG12 0EG
01920 465928
Members of RETRA (Radio, Electrical and Television Retailers' Association), AMDEA (Association of Manufacturers of Domestic Electrical Appliances) and DASA (Domestic Appliance Service Association) operate to codes of practice for servicing and repairs. They should offer a service call within three working days and tell you of any minimum call-out charge.
If goods have to be taken away for repair for more than 15 working days, RETRA members will either lend you a similar item or, if this is not practical, extend the original term of your guarantee by the time you are without use of the appliance.
RETRA, AMDEA and DASA have special procedures for dealing with complaints.
A guide to planning and managing work on your home
"A systematic approach to building work can limit the probably causes for complaint"
Householders spend hundreds of millions of pounds on home improvements or repairs each year. A large number of complaints arise about the trading practices of builders, and in a substantial proportion of cases householders are dissatisfied with the outcome.
These are some typical complaints.
Being pressurised into having unnecessary work done.
Over-charging.
Losing deposits paid to traders who turn out to be 'fly-by-nights'.
Delays to work.
Work left unfinished when the contractor ceases trading.
Poor workmanship.
Difficulty in resolving disputes.
Although many home improvements result in satisfactory work, complaints such as these are all too frequent. If you take a systematic approach to your building work, you can limit the probable causes for complaint. In this area prevention is often better than cure. A systematic approach involves carrying out the following steps:
Planning what needs to be done.
Obtaining the necessary approvals.
Short-listing potential contractors.
Choosing the quotation which offers the best value.
Agreeing a written contract.
Finding out about guarantee schemes, particularly those which are insurance-backed.
Paying in stages in order to keep control of the work.
Knowing what to do in the event of a dispute.
Planning the work
"Whatever the job, you should plan as precisely as possible what needs to be done"
Professional advice
If the job is not straightforward, consider bringing in a surveyor or an architect. For big or complex projects involving two or three skills, such as carpentry, bricklaying and plumbing, they will almost certainly be necessary. They can develop your outlines into detailed plans, help with the design, advise on safety issues and economies, and generally manage the project for you by obtaining consents, getting quotes and overseeing the work.
Choose a professional adviser carefully. If the job is substantial, talk to two or three architects or surveyors. Base your short-list on personal recommendations or the firm's local standing. Choose the one whose approach best suits your own thinking.
Fix the fee in advance. This could be a flat fee, a percentage of the total cost of the work, or based on the number of hours worked. You could seek advice from professional bodies on which method of payment would be appropriate for your work.
Package deals
For jobs like fitted kitchens, conservatories or loft conversions, there are 'package deal' companies who often provide comprehensive services covering design, materials and consents.
Insurance
Check on your insurance cover. Inform your insurance company about the work. It will tell you if an additional premium is needed and of any precautions you should take while the work is in progress, such as making sure the premises are secure.
The contractor's insurance should cover damage to work and materials on your own and your neighbours' property. There should also be cover for death and personal injury. This could be included in your contract. Many small firms may not be insured. In this situation, make sure you are covered by your own policy.
Undue pressure
Avoid being pressurised into work that is not necessary. Such pressure may come from doorstep odd-jobbers who are 'just in the area' or even fast-talking builders looking for bigger contracts.
Do not let a salesperson pressure you into signing something you may have cause to regret later. You have limited cancellation rights. Ask for written information about the deal and any discounts on offer, but beware of 'special offers' which you will get only if you agree to sign immediately. If you are interested, tell the seller you want time to think. Then shop around to make sure that it really is the best deal you can find.
The same principle applies to attempts to sell by telephone. For example, if someone gives you a call to try to sell you a fitted kitchen, do not be pressurised into making a hasty decision. Never give your credit card details over the telephone in response to a call like this.
Obtaining approval
Depending on the nature of the job, you may need approval from a number of sources before the work can start.
Planning permission, from your local authority, for substantial jobs.
Building regulations consent, usually for changes in the structure or services of a property, such as an internal wall or connection to a sewer. Your local authority building inspector will confirm whether consent is necessary.
Special clearance if you live in a conservation area or a listed building. Consult your local authority planning officer.
Particular problems can arise with neighbours and party structures. Common courtesy demands that you let neighbours know of work affecting them or their property. With party structures you should inspect and, if necessary, photograph the structure, so that there is evidence in the event of a later dispute. If you draw up a written agreement with your neighbours covering shared costs, protection against damage, and limiting the effects of noise, give a copy to your contractor.
In London there is complex legislation and a formal procedure governing party structures. The local authority building inspector will be able to advise you further.
A booklet on building regulations is available form your local council.
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rBlzRP= 1.0 About6
1997 Crown Copyright
(Reproduced with permission)
'Useful Things To Know - Advice and Tips
How To Complain
$Getting Credit & Staying Out Of Debt
+Furnishings, Electrical Goods, Home Repairs
General Consumer Rights
A Holiday From Hassles
@1.0 About
This database is not FREE. It forms part of a program called Green Pages which costs
5 to register. You may evaluate it for 30 days after which you should remove it or register it. Many other databases are included in this registration fee. Check the below URL for more details.
1998 Gareth Bq
randwood
GDBwood@aol.com
http://users.aol.com/gbrandwood
1997 Crown Copyright
(Reproduced with permission)
rBlzRP5 1.0 About
'Useful Things To Know - Advice and Tips
How To Complain
$Getting Credit & Staying Out Of Debt
+Furnishings, Electrical Goods, Home Repairs
General Consumer Rights
A Holiday From Hassles
This database is not FREE. It forms part of a program called Green Pages which costs
5 to register. You may evaluate it for 30 days after which you should remove it or register it. Many other databases are included in this registration fee. Check the below URL for more details.
1998 Gareth Brandwood
GDBwood@aol.com
http://users.aol.com/gbrandwood
1997 Crown Copyright
(Reproduced with permission)
rBlzRP5 1.0 About
'Useful Things To Know - Advice and Tips
How To Complain
$Getting Credit & Staying Out Of Debt
+Furnishings, Electrical Goods, Home Repairs
General Consumer Rights
A Holiday From Hassles
A1.0 About
This database is not FREE. It forms part of a program called Green Pages which costs
15 to register. You may evaluate it for 30 days after which you should remove it or register it. Many other databases are included in this registration fee. Check the below URL for more details.
1998 Gareth Brandwood
gareth@brandwood.force9.co.uk
http://www.brandwood.force9.co.uk
rBlzRP5 1.0 About
'Useful Things To Know - Advice and Tips
How To Complain
$Getting Credit & Staying Out Of Debt
+Furnishings, Electrical Goods, Home Repairs
General Consumer Rights
A Holiday From Hassles
uAThis database is not FREE. It forms part of a program called Green Pages which costs
5 to register. You may evaluate it for 30 days after which you should remove it or register it. Many other databases are included in this registration fee. Check the below URL for more details.
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