Consumer Product Review

If you have purchased goods that are damaged or faulty, you should know that you are protected by the law in the United Kingdom.

The Sales of Goods Act of 1979 provides you with rights regarding the goods that your purchase. You have the legal right to expect purchased items to be of “satisfactory” quality. If there is some fault in the goods that could render them unfit for their purpose, or detract from the appearance, safety and longevity of the item, you have the right to bring the item back to the retailer. If the goods must be assembled, then they must include assembly instructions, and all items must match those used in samples, displays and demonstrations.

If you find something wrong with an item, you must take recourse against the retailer and not the manufacturer. Even if you have used goods for some time, you still may be able to bring the items back. The law specifies that you are permitted a “reasonable” amount of time to use the goods before determining whether or not they are satisfactory. In some cases, this can mean up to a few months or more.

The retailer can offer to repair the goods in which case they must make such repairs within a reasonable time frame. Also, there should be no cost to you for the repair. They can also choose to replace the item with another of satisfactory quality, or they can choose to refund your money.

Even if you find a fault with goods after the “reasonable” time period has expired, you still have courses of action that you can take. For example, if you discover the problem within six months, and the fault is not due to actions on your part after the sale such as wear and tear, and misuse, you can still get the item repaired or replaced. The burden falls on the retailer to prove that the fault occurred only after the sale took place.

Retailers may refuse to refund, repair or replace your goods unless you can show them proof of purchase. You do not need your till receipt to document your purchase. You can also use your credit card or bank statement in such cases.

In instances were more than six months have elapsed before you find a fault with your goods, you still may be able to get something from the retailer. In many cases, shops will want to maintain good customer relations, and they will be willing to compromise if you can prove the item was faulty when purchased.

If you are dealing with goods purchased at auctions, second-hand sales, etc., you still have the same rights as when dealing with retail establishments. However, there will be a difference in terms of the definition of “satisfactory quality” when dealing with such goods. You may forfeit your rights under the law though if you know of the defect before the purchase or the fault is a simple one that can easily be corrected.

Technorati Tags: Consumer Advice, Consumer Information, Returning Damaged Goods (UK)

It is a law in the UK that when goods are purchased by a consumer either online, by way of fax or phone, mail order, or digital TV there must be a cooling off period provided in which the customer has the right to cancel the contract.

Online Services, Mail Order, or Orders by Phone

When ordered by one of the above methods, Distance Selling Regulations apply. In the case of services there is a seven day cooling off period from the time the order was placed. The day after the seventh day will mean the cooling off period is over and the customer’s right to cancel under this law will no longer be valid. When talking about goods that have been purchased, the cooling off period will end seven days after the goods were received. When filling out orders online, be sure to check the terms of service for the goods or services that are purchased, as the supplier will likely indicate there who is responsible for postage should any items need to be returned. The decision to cancel must be provided in writing. This means the company must receive the cancellation notice by email, fax or letter. Once they receive the cancellation notice, a refund must be provided within 30 days of the receipt of such notice.

If you do not receive a written confirmation of the order at the time you receive the product or service the cooling off period will be extended until 7 days after such receipt, or up to another 3 months. There are exceptions to the cooling off period and cancellation rules, however, that one should be aware of. Timeshare arrangements or package travel as well as transport, catering and leisure services, and accommodations do not apply to these rules. Any custom made products or perishable goods also will not be included as cooling off period items. Any magazines or newspapers, premium-rate website or telephone services, or services that begin prior to the cooling off period being over will not be taken into account either. Any computer software, videos, or audio recordings that have been opened will not fall under cooling off period cancellation rules. Any goods regularly delivered to a home or workplace as well as any gaming, lottery, or betting services or goods do not fall under these rules either.

Doorstep Seller

“The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008″ are also known as Doorstep Selling Regulations. For any purchase made of over 35 pounds from a trader who has sold you goods either at your workplace or home there is a 7 calender day cooling off period in which you can get a full refund by canceling the contract. These rules also apply to goods purchased at trade fairs or marketing presentations. Timeshare agreements fall under the same rules as a doorstep seller with one exception. The cooling off period for a contract that is signed in the UK is 14 days.

Financial Products and Services

When it comes to credit agreements one can only get the benefit of a cooling period if the agreement was made somewhere other than the creditors place of business or if the transaction was done by post, online, or by phone. Any agreement signed outside the creditor’s place of business is subject to a 5 day cooling off period, while others are subject to a 14 day cooling off period. The cooling off period will only begin after the creditor advises you of the information.

Any credit, insurance, pension, banking, or investment services or products are subject to a 14 day cooling off period, or 30 days in the cases of personal pensions and life insurance. Regardless of whether you had signed the contract in front of the salesman or not, these rules will be in effect.

No matter what category a purchase falls under, a notice of the cooling off period and steps that are needed to be done to complete any cancellation must be given to you in writing by the merchant or the contract will be considered unenforceable. Any cancellation request you need to send should be sent by recorded delivery as it is not the date the notice is received that counts, but the date the notice was posted. As long as it is within the cooling off period the cancellation notice must be honored.

Technorati Tags: Cancellations, Consumer Advice, Consumer Information, Consumer Product Review, Consumer Rights, Cooling off Periods

Changes have been made to the Consumer Credit Act to be more relevant for today’s consumers

The Consumer Credit Act for the UK was updated in 2006 from it’s 1974 version with laws making business dealings with consumers more relevant in today’s society. This new act has various changes to the old one and went into full effect on 1 October, 2008.

In April of 2007 the Financial Ombudsman Service(FOS), which settles disputes between customers and businesses providing financial services, was extended to also cover consumer credit. The Unfair Relationships Test was also introduced at this time,replacing the existing “extortionate credit” test. Under this part of the Consumer Credit Act, borrowers are allowed to challenge unfair credit agreements and seek redress, in addition to being able to bring disputes before the Financial Ombudsman Service. The 2006 act also provided court procedure for a borrower to seek more time to pay off a debt with the right to apply for a time order. An unfair relationship between the borrower and lender can be determined by any of the terms or related terms of the agreement with the borrower, the way in which the lender exercised or enforced it’s rights under the agreement, or any other thing done or not done by the lender either before or after the agreement. Courts have the power to alter the terms of the credit agreement, reduce the amount payable by the consumer, ordering the lender to provide a refund to the borrower, removing any duties of the borrower under said agreement, or imposing requirements on a lender.

In April of 2008 the Consumer Credit Appeals Tribunal was developed for appeals against any OFT(Office of Fair Trading) licensing decision. The Unfair Relationships Test was extended for all existing credit agreements and the limit of 25000 pounds was also nullified.

On 1 October, 2008 it became a requirement for businesses to provide account information to consumers on a more regular basis, such as statements and default notices. OFT regulation was extended and any business dealing in credit repair or debt administration now needs to have a consumer credit licence. At this time it was also enacted that consumers could now ask for a time order once they received an arrears notice rather than a default notice.

This is a summary of changes in the Consumer Credit Act 2006. Following will be a summation of the other acts that were previously established which people still have rights to under both the new act and the 1974 Consumer Credit Act.

The Alternative Relief Resolution Scheme gives people the right to use the FOS to deal with complaints against any business or person licensed under the Consumer Credit Act. The ombudsman can only deal with a complaint if the event in which the complaint transpired has taken place after 6 April, 2007 or the trader was licensed under the Consumer Credit Act at the time of the complaint. The ombudsman can only act after the business has had a chance to respond to the complaint or more than eight weeks has gone by since the business received the complaint.

Indefinite licences simply states that consumer credit licences will be issued on an indefinite basis. These licence holders must report any changes to the licence and to get the licence there will be an initial fee and periodic maintenance charge. Any group licence will not be indefinite and will have to be renewed every five years.

The Information Sheets section states general information sheets need to be provided with any default or arrears notice. These sheets provide key rights as well as where someone can go if they need help.

There is also a section of the Consumer Credit Act that covers Investigation and information gathering powers. This gives the OFT the right to gather relevant information for licencing of businesses and individuals. It also gives them the right to enter the premises to search and seize information. They can also delegate these functions to the Local Authority Trading Standards Services.

The Reformed Fitness Test is for credit competence of the licence holder. Once a licence is granted the holder must maintain the standard of fitness upon which it applied for the licence under. When considering fitness relevant circumstances can be taken into account, such as a licensee or applicant being convicted of fraud or engaging in improper or unfair behaviour. They also will take into account the credit competence of a licensee in regards to business practices and procedures as well as all credit activity to ensure that it complies with any legislation.

The Requirements and Penalties section covers the OFT rights to revoke, suspend, or vary existing licences, refuse applications for new licences, grant licences, and impose requirements on both new and existing licences. The maximum penalty for any licensee not following any requirement is 50000 pounds.

The Consumer Credit Act was put in place to protect consumers from unfair lending and business practices. The new revisions to this act increases the consumers rights to act against such companies as well as gives them more rights to settle a debt when dealing with any of these companies. Knowing about these changes can help borrowers in their decision to act if they feel they have been treated unfairly by any lending institution or other licensee. Moving forward consumers now have more options at their disposal if they feel they are met with any unfair practices.

Technorati Tags: Consumer Advice, Consumer Credit Act, Consumer Information, Consumer Product Review, Consumer Rights

Products not “of satisfactory quality” are the responsibility of the seller.  So says the 1979 Sale of Goods Act, which details consumers’ statutory rights in the UK. It defines “satisfactory quality” as what someone reasonable would consider satisfactory after accounting for all relevant circumstances – price, durability, appearance and finish, safety, freedom from defects, and so on. If the customer buys the goods for an express purpose, then the goods are implied to be “reasonably fit” for that customer’s purpose.

The Act governs goods that are inherently flawed when they are purchased, even if the fault is not immediately apparent. Sellers are responsible for the goods for six years after the goods were purchased in England and Wales. In Scotland it’s five years. Note that the goods needn’t last for five or six years, only so long as it’s reasonable for them to last.

Getting a Refund

The manufacturer is not responsible if goods don’t “conform to contract;” this is the seller’s responsibility. Thus, if you want to request your money back for faulty goods then you must contact the seller “within a reasonable time.” A “reasonable” time isn’t defined, but it depends on circumstances. Generally, you should request your money back as quickly as possible.

When You Can’t Get a Refund

If the seller informed you of the goods’ flaws, or those flaws should have been obvious, and you purchased the goods anyway, you don’t have the right to a refund. If you decide you don’t want the good any longer, you can’t request a refund. The Sale of Goods Act only governs goods that were unknowingly flawed when purchased.

Damages

Should the goods not “conform to contract,” you can demand damages for up to six years in England and Wales or five years in Scotland. Damages usually equal the cost to repair or replace the goods. The burden of proof is on the buyer to show that the goods didn’t “conform to contract.”

Repair or Replacement

If you’d prefer, you can request the goods be repaired or replaced in lieu of damages. The repair or replacement must be done “within a reasonable time but without causing significant inconvenience.” After you make this request, the burden of proof is on the seller for six months – the seller must prove the goods were not faulty when he or she sold them. This reversed burden of proof only applies if you request a repair or replacement and it’s temporary; after six months, it shifts back to you.

Sometimes it’s impossible to repair or replace goods. In this case, you can request a refund – either partial or full, depending on what benefit you received from the goods. A refund is partial if you got some benefit. A full refund is warranted if you received absolutely no benefit.

Refusal to Honour Your Request

Given that faulty goods are the seller’s responsibility, if a store doesn’t honour your request you can take it to Small Claims Court. Because you’ll be seeking damages – as opposed to a repair or replacement – the burden of proof is again on you.

Technorati Tags: Consumer Advice, Consumer Information, Consumer Product Review, Consumer Rights, Consumer Statutory Rights

The Consumer Protection Act of 1987 (CPA) enacted by the United Kingdom Parliament is designed to protect consumers from defective products, amend the Limitation Act of 1980, and provide statutory defences to civil products liability claims.

The CPA establishes strict liability for damages resulting from a defective product. Under the CPA, the producer, any person purporting to be the producer or any importer into European Union for commercial sale can be held civilly liable for damages caused by a defective product. The liability is strict and the claimant bringing suit does not need to prove negligence or fault on behalf of the producer. Damages can be recovered for personal injury, death, or even damage to property as long as the property was intended for private use by the claimant and the amount of the damage exceeds £275.

The Limitation Act of 1980 was designed to set statutory time limits to bring suit on various civil actions. Under the Limitation Act, a claimant had six years to bring a general tort claim and three years to bring a personal injury claim. The CPA amends this Act and gives a claimant 3 years from the date of the injury or from the date that claimant should have known of the defect to bring suit in a tort or personal injury claim when the cause of action is a defective product. Additionally, the CPA bars any suit brought more than ten years after the product was put into circulation.

While the CPA does not require the claimant to prove any negligence or fault on behalf of the producer to prevail in a claim, the CPA does allow the producer to claim as a defence that it was unreasonable or impossible for the producer to have known of the defect at the time of production. Another defence available to the producer is the alteration of the product after it is placed into circulation. In this case, a producer argues that the defect is caused by the alteration and the product was not defective in it its original form. Defendants are also not responsible for stolen or counterfeited products. Lastly, if a defendant can prove the defect is a result of compliance with a required law, he is not liable for damages suffered by claimant.

The CPA also gives government authorities the power to regulate goods and products to ensure consumer safety. Regulations passed under the authority of the CPA do not affect food, water, gas, or controlled drugs. The CPA endows these enforcement authorities with the power to conduct entry and search of businesses, the power to make secret test purchases of goods and products, and the power to apply for forfeiture and seizure of products which violate safety standards. Enforcement authorities also have the power to detain goods; appeals for the detention of goods must be made in the Magistrate’s Court. Failure to abide by safety regulations or to cooperate with an enforcement authority investigation is a criminal offence punishable by imprisonment and/or fines.

Technorati Tags: Consumer Advice, Consumer Information, Consumer Product Review, Consumer Protection Act, Consumer Rights

The Sale of Goods Act 1979 states that sellers are responsible for products not “of satisfactory quality” up to six years after purchase. Satisfactory quality is what a reasonable person would take as satisfactory considering all relevant circumstances – price, appearance and finish, freedom from defects, durability, safety, and so on. If there’s an express purpose for which the goods were bought there is an implied term that the goods are “reasonably fit for that purpose.”

The Sale of Goods Act applies to goods that have an inherent fault when you purchase them, though the fault may not be immediately apparent. The six-year term is the limit for you to bring a court case in England and Wales; the term in Scotland is five years. This does not mean the goods need to last for five or six years. Goods need only last as long as is reasonable.

Getting Your Money Back

The seller is responsible if goods do not “conform to contract,” not the manufacturer. You can reject goods and request your money back “within a reasonable time.” Such time is not defined, but depends on circumstances. Generally you need to act quickly to request your money back.

When You Can’t Request a Refund

Prior to purchase, if you were informed of the faults, or if the faults should’ve been obvious to a reasonable person, you have no right to request a refund of your money. Neither can you request a refund if you decide you no longer want the goods.

Damages

If the goods don’t conform to contract, you have up to six years from date of purchase to demand damages (five years in Scotland). Such damages would generally equal the cost of repair or replacement of the goods. You must prove the goods did not conform to contract.

Requesting a Repair or Replacement

In place of damages, you can request a repair or replacement. The seller must repair or replace the goods “within a reasonable time but without causing significant inconvenience.” For a period of six months after the request, it is the seller’s responsibility to prove the goods were not inherently faulty. Note that this is a reversed burden of proof and that it only applies if you want a repair or replacement. After six months, the burden of proof returns to you and you must prove the goods were faulty.

If repair or replacement is impossible, you can request either a partial or full refund, depending on any benefit enjoyed from the goods. If you enjoyed some benefit from the goods, you may request a partial refund. If you received no benefit, you may request a full refund.

If the Seller Doesn’t Honour Your Request

Should a store refuse to take responsibility, you may seek damages in Small Claims Court. Since you are seeking damages, you will need to prove the product was faulty.

Technorati Tags: Consumer Advice, Consumer Information, Consumer Product Review, Consumer Rights, Online Shopping, Sale of Goods Act