Being a MoneySaver doesn't mean you have to accept worse service. Cheaper isn't worse, you have exactly the same rights and expectations as any other customer. Of course, it's important to be aware of what you're rights are to enable you to fight your corner too. This guide is to help you be a 'sad fart', don't worry, as you'll see later, I'm not insulting you, it's my start point to remembering your rights.
Your agreement is with the retailer, not with the manufacturer.
Complain to them. If the goods were faulty when you bought them, then the retailer must sort it out for you. If it tries to fob you off telling you to go to the manufacturer, it's wrong. Plus you have your Sad Fart rights....
- Goods should be of satisfactory quality and as described.
The Sale of Goods Act 1979 ensures goods should be of satisfactory quality and fit to do the job intended for them. Fit for purpose means both generally e.g. hi-fi speakers should play music but also specifically for any purpose you've asked. E.g. if you've asked ‘will they fit my
- Examine goods and complain immediately.
The amount of time you have to check whether goods are faulty depends on what is reasonable for that product. E.g. it takes longer to check a speedboat than a kettle. However in truth you really should try and complain within a week. Do that and you are entitled to a full refund.
Leave it longer and providing the goods were faulty when you bought them your right to a full refund may be lost. However you're still entitled to a replacement, a reduction, or a credit note.
- Proving goods were faulty when you bought them.
Where the goods are faulty, take them back within 6 months and the shop has to prove they WERE NOT faulty when you bought them. After 6 months you must prove they WERE faulty when you bought them.
By law you have up to six years to make a complaint, but this doesn't mean goods must last six years, they must last what most people would consider to be a ‘reasonable' length of time. So if there is wear and tear that breaks the product then the likelihood is you have no claim. Yet if it was an unreasonable fault, you do.
If there is an argument over whether the goods are faulty or not – the burden of proof is on the consumer.
- When you're not covered.
If you knew the goods were faulty when you bought them.
If you've seen them anywhere else cheaper.
If you bought the goods for the wrong purpose.
However, though you don't have a right this doesn't mean you shouldn't ask. Many shops will allow it.
Pay the right way!
Credit Cards are better than debit cards
This right is for those who have no debts or can at least pay a specific card off in full each monthl, that way there's no interest charged, so you can get the benefit of extra rights without any cost (there are other benefits too such as earning cashback, cheaper spending when abroad, special protection for web spending and ID fraud protection too)
Don't worry it's not going to get too complicated. All this stems from Section 75 of the Consumer Credit Act 1974, which is about 'credit giving' cards, and that's why this protection is sexily named "Section 75".
As when you spend on a credit card, you're effectively entering into an arrangement to borrow (even if you pay off in full) then you get these rights, and this is why you don't get the same rights with debit cards.
The Core Rule is if you pay for goods worth over £100 even partially on a credit card then the credit card company is equally liable with the retailer. That means if you have a problem such as non-delivery of goods, or with any of your above statutory rights, then you can go straight to the credit card company rather than the retailer. This is often extremely useful, as the retailer may've gone bust, or be being obstructive.
Recently it was challenged in court that this protection didn't apply if you're buying goods abroad, yet the Court of Appeal upheld consumers' rights. So buy abroad and you're protected. That means, if something goes wrong with a good bought abroad, you can simply make a claim directly against the credit card company, without contacting the foreign company. Discuss this
What about Debit Cards?
There is no statutory protection, but both Visa and Mastercard allow their member banks a dispute proceedure called 'chargeback'. This effectively allows your bank to ask the bank of the company you made the purchase from to get the money back.
How chargeback works
Complain to your bank not more than 120 days after realising your goods won't be delivered and the transaction can be disputed. Your card issuer can then claim the money back off the merchant's bank. It's worth noting many bank staff don't know about this procedure, so you may need to explain it do them (also remember this is only for Visa or Mastercard Debit cards).
At this point the onus is on the acquirer bank (ie not the company but its bank) to get the money back in a transaction that hasn't been adequately completed.
How chargeback compares to Section 75 protection
This is no where near as strong as section 75 consumer credit act protection, but there is a chance if you start procedures this way you can get all your money back. It's more likely in non-delivery of items, but also possible where the company has gone bust.
The key difference is that when you complain on a credit card under section 75, the credit card company itself is legally liable, with the chargeback it's just about the Visa/Mastercard process and that is no where near as weighty plus you can't go to court.
Extra Briefing: Settling an old debate |
Can you force a shop to sell you goods if you see them mistakenly under-priced? No, sorry. If they're mis-priced the shop can refuse to sell you them. There is no contract until it has accepted the cash. Before that point they can refuse (and if it is on the internet even if they have accepted that case, it can argue using the Law of Mistake that the transaction isn't finalised). However, you can report them for misleading prices to the trading standards office. See extra briefing on Misleading Prices. |
Buying on the internet (applies to mail order too)
- You have the same rights as in a normal shop, including at Christmas time
Providing you are buying goods from a UK based company, then it works exactly the same way as walking in a shop, the only exception being.... - You've a right of seven days to cancel
Under Distance selling regulations, you have seven working days to cancel after receiving the goods or if it's a service you have seven working days to cancel the contract, which actually means you have more rights when you buy stuff on the web (or mail order) than you do for buying in a shop.
You can’t cancel if the service has already started or you have bought personalised goods, fresh food, flowers, or sealed audio, video or computer software that has been opened.
You must also take care of the goods while you've got them as you have to send them back in reasonable condition. - If the goods don’t arrive on time
The Distance Selling Regulations also give you protection if you ordered something online, by phone, fax or mail order and either you or the seller specified a certain delivery date (e.g. in time for a birthday or Christmas) but it wasn’t delivered on time. If this happens you’ve a right to a full refund. If a date wasn’t specified, then delivery should be within 30 days.
Financial services and auctions are excluded from the DSRs, although you are covered for goods bought with the ‘buy it now’ facility on auction sites such as eBay.
- Use credit cards
Use a credit card for extra protection because then the credit card company is equally liable (see above).
- Beware of overseas firms
If buying goods from firms based abroad, beware,
- You've a right to clear information
When buying - Buying on eBay
See a specific article on eBay rights.
- Should be as described
The holiday should reasonably comply with any descriptions. The accommodation that's booked for you should be available and not overbooked. It is a criminal offence under the Trades Descriptions Act if descriptions aren't truthful and accurate. A minute from the beach should be a minute on foot or taxi, not a minute on Concorde.
Photos should not be misleading either. And under package holiday regulations you also have a right to compensation for any negatively misleading descriptions too.
- Always read the t&cs
Always read the terms and conditions. This is where people get caught out. Read the full details of the holiday and what's included and expected before you go. There is no automatic right of cancellation.
- Changes before you go
If they substantially change the holiday terms before you go – you've a right to a full refund. If you still want the holiday, but aren't happy – write and tell them and that you will assess the impact the changes actually have on your trip.
- Problems while you're there
If things go wrong while you're on holiday, always ask for a complaint form there and then. If not you may lose the right to any compensation. You must give them the opportunity to put it right.
Take video or photo evidence or supporting notes from other holidaymakers if there is a problem. Keep details of who, what, where, when, how and why things went wrong and keep receipts of any extra costs incurred.
If the tour operator won't do anything, when you get home you can either take them to court or go to the ABTA tribunal service.
Second
- Sale of goods act still applies
Second hand goods and sales goods bought from shops still follow the same rules, if they're faulty then you can still return them. The idea that because you've bought sale or second hand goods means you can't return them is wrong. They must be of satisfactory quality, but the price must be taken into account. If you buy a car for a fiver, you don't have a right to expect it to run normally. If you are made aware of any faults when you buy them, you can't return them later because of that fault though.
- With private sellers it's ‘buyer beware'
However buy second hand goods from private sellers and you've only a right that the product is correctly described and the owner has the right to sell it. Here it's caveat emptor or let the buyer beware. If the buyer says nothing and no description and you buy it – then that's it – even if it doesn't do what you thought it may – you were not missold.
- Second hand cars specifically.
If buying from a trader your rights are the same as always. However certain factors must be taken into account. A car should be fit to use on the road, be in a condition that effects its age and price and be reasonably reliable. ‘Sold as seen' has no basis in law, your sale of goods act rights still apply.
Note private sellers of cars works like all second hand private sales (see above) however unless stated you have a right to expect the car will pass an MOT.
Second-ha
Prices should be clearly displayed
All pubs and restaurants should clearly display their prices.
- Food quality
The food should be of satisfactory quality, this includes being hot when it's hot food. If it isn't you can claim a full or partial refund depending on the problem. You may want to report them to your local Environmental Health Department, as improperly cooked food, or food served at the incorrect temperature, may pose a health risk.
- The food should be as described
Home made should be home made – if not it's actually a breach of criminal law under the trades descriptions act. And it's a breach of contract so you could fairly deduct the value of the difference between home made and manufactured cost.
- Service charges
You do not have to pay service charges. And if the service charge is included in the food – you are legally entitled to deduct a reasonable amount if the service was not as expected – say 10% - 15%.
- What if they say ‘pay or we'll call the police'?
If you feel forced into paying then pay ‘under protest' and then you can dispute the cost later and make a claim later. This way if you feel they're going to call the police you are protected against such things.
- Toilet facilities
All restaurants should provide toilets for their staff and wherever possible for customers as well. Premises that are open after
- Tap water
Restaurants, shockingly, don't have to provide tap water to the public but if they do they may charge for it. However it is illegal for them to pretend it is bottled water.
If you are unsatisfied then complain to the trader there and then. And only pay what you consider to be a reasonable amount. If you're totally unsatisfied then pay nothing. If you feel forced to pay then say you are doing so ‘under protest' and you will be making a claim against them for distress. Take photos, get evidence and, in certain situations such as hairdressing, others' opinions. If not then you can pursue a claim at the County Court.
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