Introduction

When you buy goods and services you have certain legislation that is designed to protect you.

Two of the most used pieces of consumer law are the Sale of Goods Action 1979 (amended 1994) and the Supply of Goods and Services Act 1982.

There are many other acts but the above laws are the ones most frequently used.

Sale of Goods Act 1979

This act allows you to buy goods, which are:

  • of satisfactory quality
  • of the description
  • fit for their purpose

If you buy goods, which prove to be faulty, or are not as described or fit for the purpose they were intended then you are entitled to a refund.

However in order to get a refund you have to complain about the goods and return them to the shop within a reasonable time- do not leave it for over 1 month before you complain.

Once the reasonable time period has elapsed you can then only claim damages, which would take the form of a repair or a replacement if a repair would not be successful.

Supply of Goods and Services Act 1982

This mainly relates to services i.e. building trade and garages hairdressers etc.

This law states that a service should be:

  • carried out with reasonable care and skill
  • be of a reasonable price
  • be carried out in a reasonable time

If the above were not complied with then the trader would be in breach of that law.

How to complain

Step 1

Go back to the trader or contact the person providing the service to try and resolve the complaint.

If that fails…..

Step 2

Put your complaint in writing.

Keep a copy.

Give a time period for reply. Fourteen days is reasonable.

Send the letter recorded delivery.

If that fails…..

Step 3

Contact Consumer Direct on 08454 040506. They will offer you consumer advice. If they feel the case is complex or that the consumer needs assistance, you will be referred to a consumer adviser at Waltham Forest Trading Standards Department.

Step 4

If the officer at the Trading Standards department has not been able to mediate between the consumer and the trader in order to resolve the case, the consumer will have to take action in the county court.

Helpful Information - Buying Goods

  • Keep your receipts- in case you need to return faulty goods
  • Shop around to compare prices before you buy-cannot return goods if you see then cheaper elsewhere
  • If you pay a deposit you have entered into a contract- a trader can keep the deposit unless if it written on the contract that is refundable if you change your mind.
  • Any contract made when using a credit card that is between £100.00 and £30,000 gives you extra protection. I.e.: if you put £50.00 out of £100.00 of the total purchase price on the card then you did not receive the goods or the company went out of business then you could claim the full £100.00 back from the credit card.
  • When signing any contracts especially those for credit read the contract to make sure it is correct.

Helpful Hints - Services

  • Know who you are dealing with – get name and address telephone number of company.
  • Get a least 3 quotes- in writing
  • Quotes are better than estimates as it is a firm price an estimate could change.
  • Do not pay the total price in advance try to make staggered payments i.e.: deposit payment on delivery of materials and balance on completion.
  • Check if the tradesperson has public liability insurance, if they are members of any trade bodies and try and go on a recommendation.

Other useful information

Guarantees are not a legal requirement but if you are given one then the trader must adhere to terms stated.

If someone calls at your door uninvited then this is called an unsolicited call and any contract entered into can be cancelled within 7 days under the Door Step Selling Regulations.

If you buy goods via the telephone, internet or catalogue then you have 7 days in which to cancel the contract under the Distance Selling Regulations 2000.

In either a contract for goods or services if they are not delivered/carried out in the agreed time then you can make time of the essence. This means you would have to stipulate a time when you wanted items delivered or work done by.

 

It would be best to put this request in writing and if it was not adhered to then you could ask for a refund.

Retailers cannot display a sign, which says that you are not entitled to a refund in any circumstances.

If goods are faulty you are entitled to a refund as long as you take them back in a reasonable time.

If a retailer wishes a sign can be displayed offering a refund on goods if you change your mind stating that you return them in a certain time and with a receipt.

Credit

Hire Purchase Agreements

These are usually used to buy cars and the car does not belong to you until you have paid off the entire loan.

If you have any problems with the car then the Finance company are the ones you should complain to, as they own the car until the last payment is made.

Interest Free Credit

This form of credit allows you to obtain goods but payment is deferred for a set period of time i.e.: 6 months.

However do not get caught out as many people do.

You must pay the whole amount owed by the date they give you if not then you will be liable for the interest on the whole amount form the date of purchase

Consumer Advice - Some basic Do's and Don'ts

Do:

  • Get a receipt and keep it safe.
  • Check prices.
  • Check small print.
  • Complain in writing, email, fax or letter.
  • Shop around compare prices and standard of service.
  • Act on recommendations not glossy adverts.
  • Use members of trade associations - another avenue to complain to - check first to see if they really are who they say they are.
  • Use a credit card for items over £100, gives you another means of redress with the credit card company.
  • Know who you are dealing with and their correct address.

Don't:

  • Pay cash in advance,
  • Pay a deposit unless it is stated as refundable.
  • Use the telephone only to complain to the trader.
  • Employ a builder or plumber without seeing other examples of his handicraft first,
  • Buy a second hand car without contacting the previous owner on the log book first.
  • Accept credit notes instead of refunds,
  • Only accept a repair if it suits you.

Complain to Trading Standards (via Consumer Direct)

If you have been ripped off, or unhappy about something you have paid for, or you just may want some further advice, then please call Consumer Direct on 08454 040506.

Contact us

Waltham Forest Trading Standards
Environment and Regeneration
Waltham Forest Council
Sycamore House
Forest Road
Walthamstow  E17 4JF

Email wfdirect@walthamforest.gov.uk
Tel 020 8496 3000