A Guide to the Consumer Rights Act 2015

CRA

 

The Consumer Rights Act 2015
This Act came into force from 1st October 2015, when the following Acts were  repealed/amended:

 

Supply of Goods (Implied Terms) Act 1973 will cover business to business contracts and consumer to consumer contracts only.
Sale of Goods Act 1979/ Sale and Supply of Goods Act 1994 will still apply to business to business contracts and to consumer to consumer contracts.
Supply of Goods and Services Act 1982 will cover business to business contracts and consumer to consumer contracts only.
Sale and Supply of Goods to Consumers Regulations 2002 will be replaced
Unfair Contract Terms Act 1977 will cover business to business and consumer to consumer contracts only.
Unfair Terms in Consumer Contracts Regulations 1999 will be replaced.

For goods and services purchased before October 1st 2015 see this post.

For more details on how the Consumer Rights Act 2015 covers digital goods, see this post.For tips on how to complain effectively using this law see this post.

The sale and supply of goods
The person transferring or selling the goods must have the right to do so and the goods must be of a satisfactory quality. Goods must be of a standard that a reasonable person would regard as satisfactory. Quality is a general term, which covers a number of matters including:

  • fitness for all the purposes for which goods of that kind are usually supplied – appearance and finish
  • freedom from minor defects
  • safety
  • durability

In assessing quality, all relevant circumstances must be considered by the retailer, including price, description, and their own or the manufacturer’s advertising. Goods must:

  • be fit for a particular purpose. When you indicate that goods are required for a particular purpose, or where it is obvious that goods are intended for a particular purpose and a trader supplies them to meet that requirement, the goods should be fit for that specified purpose.
  • match the description, sample or model. When you rely on a description, sample or display model the goods supplied must conform
  • be installed correctly, where installation has been agreed as part of the contract.

The consumer can reject the goods within 30 days unless the expected life of the goods is shorter e.g. highly perishable goods. You can also choose repair or replacement in this time and up to 6 months after purchase as it is assumed that the fault was there at the time of delivery unless the trader can prove otherwise or unless this assumption is inconsistent with the circumstances (for example, obvious signs of misuse). If accepting repair you still retain your legal rights.

If more than six months have passed, you have to prove the defect was there at the time of delivery. You must also prove the defect was there at the time of delivery if you exercise the short-term right to reject goods. Some defects do not become apparent until some time after delivery, and in these cases it is enough to prove that there was an underlying or hidden defect at that time.

All these rules also apply for distance selling and digital goods.

The Act defines ‘digital content’ as meaning ‘data which are produced and supplied in digital form’. Therefore a huge array of digital-format products fall within this definition such as:

  • computer games
  • virtual items purchased within computer games
  • television programmes
  • films
  • books
  • computer software
  • mobile phone apps
  • systems software for operating goods – for example, domestic appliances, toys, motor vehicles, etc. In many cases digital content is supplied in a format that can be physically touched such as a Blu-ray disc containing a film. Increasingly, however, digital content does not have a tangible form – for example, a film downloaded to a computer or a virtual car purchased when playing a computer game.

Digital content rights are slightly more complicated and you can find out more details here.

The contract for the supply of services
A contract is an agreement consisting of an offer and acceptance. When a consumer buys services from a trader, both parties enter into a contract which is legally binding. In order for a term to be binding it must clearly be part of the contract and be legal. Terms given to a consumer after the contract is made are not part of the contract and they have no effect. A contract can be verbal but it is advisable to detail important terms in writing so there can be no dispute later on.

All services should be carried out:

  • with reasonable care and skill.
  • information given verbally  or in writing to the consumer is binding where the consumer relies on it.
  • the service must be done for a reasonable price (if no fixed price was set in advance)
  • the service must be carried out within a reasonable time (if no specific time was agreed)

You have up to 6 years in which you can bring a claim against a trader.

Unfair contracts
The law creates a ‘fairness test’ to stop consumers being put at unfair disadvantage. A term is unfair if it tilts the rights and responsibilities between the consumer and the trader too much in favour of the trader. The test is applied by looking at what words are used and how they could be interpreted. It takes into consideration what is being sold, what the other terms of the contract say and all the circumstances at the time the term was agreed. There is an exemption for the essential obligations of contracts – setting the price and describing the main subject matter – provided the wording used is clear and prominent. There is also an exemption for wording that has to be used by law. If you have been misled into making a decision that you would otherwise not have made then the company is in breach of this law.

The Consumer Rights Act contains equivalent rights and protections to the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999. This means that, though there may be some technical differences in the way these aspects are implemented, from a consumer’s point of view there would be no difference – under the Consumer Rights Act the consumer may argue that a term is unfair in the same way as they would have under the aforementioned Acts.

When you use this Act please also follow 20 Top Tips for Complaining and why you should write not phone.

 

 

To ensure that you know your rights and how to use them take a look at How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results, as one reviewer says you’ll get more than your money back the first time you use it!

 

 

 

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85 Responses to A Guide to the Consumer Rights Act 2015

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  2. Hans Hoekstra says:

    everybody hates the “contact us” forms online and not finding a proper email address to complain to… Distance Selling regs state that a “contact us” form is not enough and a proper email address must also be present on a seller’s website.

    Who enforces this ?

    • The Complaining Cow says:

      Distance Selling Regulations no longer apply and they did not state that an email address had to be present. As of 13 June 2014 the Consumer Contracts Regulations apply. The information about the seller must include a geographical address if payment is taken. When you place an order, the seller becomes obliged by law to provide further information in writing or by email.

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  9. Jane says:

    Hi I purchased a summerhouse on the 26th December and it was delivered on 15 February. My builder came to erecting it today and discovered that it was 1.2 metres bigger than described on the website. Do I have any rights to have it returned and refunded as it is much bigger than described. They said that it could be built without the porch but that was the whole reason I bought it. Any advice gratefully received.

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  21. Sarah Hayes says:

    Myself, my partner & our two children had been invited to wedding in Cyprus. The mother of the groom asked us to meet her at the travel agency (Thomas Cook) where she always booked through and told us they’d get us a good deal. We advised them of dates when we were going and the whereabouts in Cyprus our friends were getting married. The travel agent then proceeded to book us in at the hotel next door to the one the wedding was taking place at, said it was a good hotel and that unfortunately they couldn’t show us any photos as they didn’t have it in the brochures as it was through their partner, Flexitrips. We paid the deposit and booked this 2 week AI trip for 2 adults & 2 children, £3327. A few weeks later, when next going to make payment against the holiday, I took a look at the reviews of the hotel online, only to discover they were abysmal and that it was nicknamed Panaretti Prison. I raised these concerns with the travel agent when going in to pay and they assured me not to worry as it was to be renovated. Alas, we are due to fly out on the 20th August and the reviews remain the same, no renovations have taken place and we’ve also found out that there is no entertainment on offer, something that with 2 children we feel is important, given the length of the holiday and the amount paid, I feel very unhappy at the mere thought of going away and wanted to know if I was in the position to make a complaint to the tour operator and request that they amend our booking to alternative hotel?

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  24. Simon Woods says:

    On the 8th of this month I entered into a contract with a marketing company to display my business on their customer leaflets.

    Initially my issue was that I had not received any correspondence from
    them with the promise of templates being sent to me on the Monday
    morning following my appointment, 3 days prior, therefore forcing me to miss their target of receiving emailed artwork within 7 days. Which falls under their terms and
    conditions (.5).

    Furthermore, it was during the physical conversation with the sales rep that
    I would have the sole position of utility provider amongst the advertising
    space on offer. However on further inspection of their terms post appointment their T&C article .7 states;

    “No client’s advertisement shall enjoy a preferential position or monopoly
    rights on/ within this advertising medium.”

    This directly contradicts the information I was given and henceforth would
    have made me not commit to the agreement.

    Additionally there was no mention of this being a non refundable contract
    deposit at the time of signing which I believe to have been negligently omitted. Once again I would have taken additional time to consider my options.

    I have contacted the company at my earliest opportunity to highlight the issues and
    to allow sufficient time to find a new tender for the advertising space being offered.

    They have responded and maintained the position that a contract had been signed and will continue as set out. I obviously do not agree.

    Where do I stand?

  25. Marc says:

    Apple advertise the iPhone 7 as water resistant (in the advert the person is using it in the rain), I accidentally dropped it in water and have been told that the Apple warranty does not cover liquid damage. There was no disclaimer on the advert and the only mention is on their website but I didn’t purchase it directly from Apple. My argument is that it is protected under IP67 which means it has been tested to work for at least 30 minutes while under 15cm to 1m of water; mine was floating on the surface in a ziplock back for 15 second. Apple have told me I would need to claim off my insurance policy. Can I argue this is is a misrepresentation or a false representation of the product?

    • The Complaining Cow says:

      Contract always with retailer not manufacturer. Water resistant would not cover you for dropping it in water – that is quite different so the advert is not misleading. However, if it is described as being able to be submerged under x level of water for x length of time and your phone was not as deep and less time then the item is not as described and you are entitled to refund, repair or replacement. You’re welcome.

  26. wendy says:

    Hi,

    I booked a holiday with Easyjet which their site advertised a hotel with a spa/solarium and massage. I booked this and found out once I was there, there were no such amenities. I contacted Easyjet when I returned to the UK and haven’t heard anything since this month (Nov). I feel like I was falsely advertised these amenities on their site and misled to believe they had them. They are saying that this is incorrect. I have sent a complaint to the advertising authority but not sure where to go from here.

  27. Niki says:

    In July 2016, I ordered some furniture, (a corner sofa and a matching set of plain oak dining/lounge furniture including a round dining table complete with 4 chairs, a lamp table and a nest of tables), in store from Harveys Furniture at Chichester. As I was having some building work carried out, I paid a deposit, and arranged for delivery at the beginning of December. Harveys asked that the balance of payment should be made at anytime before December, which I duly did.

    Delivery was arranged for 2nd December. On that day, they delivered the sofa. They had completely forgotten about the dining furniture. I re-arranged another date for delivery for the following week. On this occasion they delivered the lamp table, the nest of tables and the 4 chairs, but no table. I re-arranged the delivery for the 20th December. On the 20th they turned up with the wrong table (it was a painted table) and no table legs! My husband sent it away.

    Now the manager of the store and customer services have admitted that not only is my table not available, but that it was not available at the time of the purchase in July! I have asked them to refund the cost of the round table, and said that I would accept a small, square table in it’s place, but that I expect it to be free of charge as compensation for having to take 3 days of work to be available for the ‘deliveries’, and for having had to make an extra 3 trips back to the store, and generally for all the hassle they have caused me. They have refused to do this. Can I now ask them to take all the oak furniture away and refund my money in total?

  28. Mark says:

    We paid a deposit of £4500 to a company for a kitchen on the understanding that all details could be sorted out at a later date as the money was paid prior to a final survey and before any units had been ordered by the company or any contract signed. We subsequently lost faith in the company and asked for a refund which was declined. The company states that deposits are non-refundable and has also refused to participate in mediation. Do you think this company is acting within the terms of the 2015 Consumer Rights Act by refusing to refund the deposit?

    • The Complaining Cow says:

      Will all depend on what you have in writing otherwise hard to prove. If you have it all in writing you need to check what t & c says – but then you can still go for unfair contract terms under this and other laws. Also see if member of furniture ombudsman.

  29. Florence says:

    I entered into a contract with a company called Student Support Centre. They gave all the story about how the company will help my child’s education. After sometime trying it out, I found out that the service is not suitable for my child at all. My child requires a personal tutor and not some DVD which was made since 2005. After trying to see if I could make any good use of it, I persisted but have called it quits because it is not doing him much good. Syllabus has changed since and requirements for exams have changed. This was one of the main things I raised with the sales person,who clearly said the syllabus changing does not make any difference. Now I am required to carry on paying for what I don’t use anymore. I believe this is financial misrepresentation. The sales persons are trained sales people and not teachers which I later found out. This is clear misrepresentation.

  30. Matthew Berrington says:

    I purchased a 2012 Vauxhall Antara on 26th August 2016 with 32845 miles. On January 4th 2017 with approx 42,000 miles done, the differential assembly has failed internally causing major damaged to the whole gear box and casing. Can I claim against the dealer under the Consumer Rights Act 2015 for Unfit for Purpose or Not of Satisfactory Quality?

  31. Laura says:

    Can you give advice on negative reviews I got threatened with legal action and told to take my review off when I was unhappy well extremely unhappy with attitude and manner they dealt with me. I never been treated in that way before. I struggled to find guidance on how it’s safe to but a negative review. I have now lost confidence in reviews after this. How can you protect yourself if posting a negative account when it’s your opinion you can’t prove they spoke to you in an ill manner or that they demand as it’s in terms giving you 15 minutes to check your order isn’t damaged and once signed is not their problem if it’s damaged afterwards. I had to unpack my item on the drive luckily delivery man was very kind and said he dreads this company as his manager always ask why he took so long. They didn’t reply to my email asking when I would get item until I got a late last minute email in generic format saying I had 48 hrs in which it could arrive anytime so yes was happy with service. They said I caused slander so spoke to Trading Standards citizens advice and information commission and still no guidance. This scary me into taking my review down I just wish to save others as I wouldn’t want anyone to experience that.

    • Laura says:

      Sorry for typo mistakes I’m also dyslexic and not ashamed to say it I struggle to read their terms also recommend 2 people to be available to receive item when I said I hadn’t any confidence in their approach I got told it was in my terms you tick a box when ordering I thought it was a don’t share your information box I didn’t expect terms like this.

      • The Complaining Cow says:

        Don’t think any company has ever taken someone to court over a bad review. It would hit the news and give them terrible publicity. They would have to prove it was libellous. Write reviews anonymously if it makes you feel better. If they threaten again I’d threaten them with taking them to court for harassment. You would need to take legal advice on that.

        Please see around the blog, tips, the above post and book etc.

    • The Complaining Cow says:

      As regards the further email sent. Slander is verbal, libel is written so that’s wrong in any case, they have even threatened using the wrong word so how likely is it that they will do anything?!!! See all the bad reviews everywhere have any of these people ever been sued? No. You can’t find anything because my suspicion is because it is ridiculous. They would have to prove you were lying just for starters. The cost of taking you to court (plus the negative media publicity drawing attention to the review and I guess others like it about their company) would far outweigh any benefit. I doubt that they have taken any legal advice or they would have used the correct terminology. If they are a member of an ombudsman such as the Furniture Ombudsman you could phone them and tell them what has happened but I guess if they act like this that are not. If you are still worried then contact CAB again, they DO have legal people. I would be amazed if you get a letter from a lawyer or even from the company requesting that you take down the review or they will take legal action. Go straight to the media if you do. Meanwhile contact TrustPilot.

      If you are still looking to get money refunded please follow the tips and advice on the blog and in the book where all you need about consumer advice and laws in getting redress is. Libel/slander is not consumer law, but unless you have said something like they are thieves (and even then they’d be pushing it in my non legal opinion) I personally can’t see it.

      Look up libel (not slander) and you will be able to see for yourself if you think you come anywhere near to causing it. If so take legal advice or take it down. Put it into context, your review would have to be different to any other review out there.

      If it is in their terms and conditions that you cannot put a bad review anywhere that would be an unfair contract term. See the post above. If you need further advice about getting redress from the company please see post above, tips and the book.

  32. Maria says:

    Hi I bought a bed on the 4th of January. It was to be delivered on the 6th Feb but the bed was not packed onto the van. We re-arranged for the bed to be delivered on the 15th Feb and only half the order arrived as they forgot to pack the other half! We need the bed to be delivered by the 18th. The earliest they can deliver the remaining half is the 20th, the customer service team say there is nothing they can do. Do I have any rights?

  33. Peter Croft says:

    Fraudulent Amazon transaction.
    Someone hacked my Amazon account, changed my email address and tried to get goods sent to Indonesia. They place an order which arrived at my house, left on the doorstep, not signed for by me.
    The seller wants me to return the goods to them, at my expense.
    Do I have to pay to return the goods or does the seller have to arrange for collection by their agent. If they have to arrange to collect from me, how long do I have to hold them and can I treat them as my property if they do not collect?

    Thanks.

    • The Complaining Cow says:

      Can’t really use consumer law as this is fraud. That’s criminal. However, I would suggest that you contact your bank and Amazon and the money should be refunded. As for the seller – he is also a victim of fraud. You should write explaining situation and say that they should supply return of postage label by a certain date. After this date you will dispose of the item. This is a well known scam. In effect the item has been stolen – the thief who hacked your account was “meant” to pick up the item but you beat them to it. It’s still theft, it could have gone missing. Therefore the company is lucky to still have the goods if it wants them. Otherwise they would/should claim on insurance for theft I would think. You will reported (or you should have done) the hack to police/ and therefore have a crime number which you could also provide. This all makes you a very helpful person when they have been defrauded…

      • Peter Croft says:

        Thank you very much for your help, Complaining Cow.

        I have taken your advice and made a report online using actionfraud.police.uk.

        Peter

  34. Rachel says:

    I bought a camera online which was described as ‘new’ on a UK website. I researched the camera and believed I would get a UK model with a 2 year warranty. When it arrived the packing slip stated it was a European model with 1 year warranty, and that it was in a damaged box. I emailed the seller to say this was not the online description and asked to return it. I also checked with the website customer services who agreed that a customer can only see ‘new’ as the description. The seller has insisted I pay to return the item which have done. He has also reminded me that his conditions include a restocking fee. Surely I have been mis-sold the item and should not pay these costs?

  35. My daughter bought a £287 AEG heat pump tumble dryer from John Lewis.
    It was a display model. A non-display model is £380.
    They have used it 6 times and questioned us about the lack of water in the collector tank.
    There is a split in the water conducting tubing and the water spills out on the base of the tumble dryer… and then the floor.

    John Lewis will refund the £287, replace for a condenser dryer with a smaller drum load and a higher (less economical) rating up to a value of £300 or allow my daughter (so nice of them) to contact AEG to get it repaired.

    I have read The Consumer Rights Act 2015 but cannot see if the Trader should replace the tumble dryer with one of similar value or replace with one that was agreed upon in the ‘verbal’ contact of sale. (more expensive that that what she paid)

    I would appreciate it if you could clarify this last paragraph.

    Thank you.

    • The Complaining Cow says:

      Buying an ex display model you have the same rights as when buying any other model so everything in the above post still applies.

  36. Debbie says:

    i bought 2 iphone 5s on contract from talk talk for my daughters aged 8 and 9 at christmas. they were set up to use our wifi at home so not to use data allowance. We received a very large bill of hundreds of pounds. which did not go through in bank. we have had numerous conversations with a promise of them getting back to us which they do not. They have cancelled the contract and expect us to pay nearly £1000. They say they’re not at fault. We have rung several times only to have to start from begining to get to a manger whom said will get back to us in 3-5 working days did not and we had to ring yet again and start with customer services. The last time were told Letter sent out stating not at fault to which we are yet to receive! I’m at present waiting on another promised call back. we have not paid as can not afford that amount and are trying to resolve the issue. I Know feel I would not want to be with this company anyway after such poor treatment. so would gladly pay for phones and get sim only package but do not see why have to pay such a large bill. if you could offer any advice on how to proceed. thanks

  37. Mihcael says:

    I run a small business and I hired the services of another company to manufacture a number of products for me that I would then sell via an online store. I paid a 50% deposit on the order.

    The products I received were of very poor quality, definitely not fit for purpose. The company made no attempt to replace them and have refused requests for a refund.

    I am looking to recover the funds but want to know what rights I have and which Act is the one I should be looking to use as the basis of my claim.

    • The Complaining Cow says:

      Please read post above. You’re welcome.

      • Michael says:

        Hi. Thanks for your previous reply. I have been reading through the Act thoroughly. A lot to get my head around.

        One question I have is regarding section 5 Implied terms where transfer is by sample.

        In my business I provided a prototype that was then used to produce the final product by the company I hired.

        Would the prototype fall under the definition of a sample? I am particularly looking at part 2 (c) which is really where the bulk of my complaint would rest. The final products were defective and not like the prototype provided.

        • The Complaining Cow says:

          CRA is for business to consumer. You would need to research b2b. Obviously they can’t do this and your option if they don’t pay up is Court but different things apply when it is b2b which I don’t cover. Try CAB but again they may not be able to help, or Trading Standards or a solicitor if you can’t find what you need through googling.

          • Michael says:

            Thanks for the reply.

            I should have said I am referring to the Supply of Goods and Services Act.

          • The Complaining Cow says:

            Advice exactly the same, although only use SOGA for goods prior to October 1st 2015 as was repealed.

          • Michael says:

            I’m a bit confused so seeking clarification. At the top of the page it says:

            Supply of Goods and Services Act 1982 will cover business to business contracts and consumer to consumer contracts only.

            Is this still the case?

          • The Complaining Cow says:

            “The Consumer Rights Act 2015
            This Act came into force from 1st October 2015, when the following Acts were  repealed/amended:”

            The CRA covers consumer to business. I don’t deal with business to business as the site is about consumer rights. I have however provided you with as much information and help as I can. Please follow advice given in previous comments. You’re welcome.

  38. Momo says:

    Hi,
    I invested with a binary options company who have been found to be fraudulent as the platform they are using to trade is rigged. As they are in a different juristriction zone to the UK I am taking this up with lawyers in that country.

    I have been advised to contact the bank and file for misrepresentation in order for the bank to refund the money sent. After contacting the bank they have advised to provide T&C’s and further evidence of the transactions , correspondence.

    I only have one chance to file for misrepresentation and I don’t want to miss anything.

    Can you help?

    • The Complaining Cow says:

      Non UK laws if company not in EU and not only that if fraud it is criminal not consumer law. Give Financial Ombudsman a ring and chat through issues and see what they advise.

  39. Jay says:

    Hello, I bought a Panasonic Viera tv from the Official Panasonic eBay outlet, the television was listed as refurb, I used my own you view box on it until this week when I decided to use the TV built in tuner when I discovered it isn’t working properly, the picture keeps showing no signal and is intermittent, upon investigation I noticed the antenna socket centre pin on the TV seems loose, I only bought this television in March, where do I stand on this ?
    Thanks

    • The Complaining Cow says:

      Please read post above and go through Ebay procedure. If out of time for Ebay contact seller direct

  40. good morning my name is patricia miller my benefit cut from the 2 of june and am going to the job centre and from that day i dont eat nothing because am not going to ask no one for nothing because these people is so wicked.have send a letter that have got from mt doctor stating that i cannot work have got mental health. depression anxiety now have got back pain am going to whittington health for my treatment for my back the date is wednesday 02\08\2017 at 14;30 for my spinal surgery and no matter what you said to them they not helping am taking 40 citalopram my back hurts so much can hardley walk sometimes have send a sick note 20\06\2017 so they wrote to me that they are unable to revise the decision the mental health that have got was going to hang my self so they dont see that as a treat so thanks no money no food am staying same way just drinking water that it

  41. Damian nicholls says:

    Hi I wonder if you can help, I’ve been reading a lot about consumer law but still not sure of the answer. We have just had an extension built, part of this included bifold doors, we talked about what we wanted with our builder but never gave a written specification and he never confirmed a spec back to us. We were away on holiday when he got in touch about the doors and some specifics about opening direction and traffic doors, we didn’t talk about having a low threshold, which is the default bifold look and design.

    He gave us the name of the firm he was sourcing them from and we checked their website, in it the spec said low threshold available and it was full of pictures of low or flush thresholds. There were no specific specs or diagrams as you often find on these sites. We said yes based on what we saw. What was installed was different and it had a high external lip, if we had seen this we would have said no, not what we wanted. We spoke with our builder, the door supplier and also went to their showroom. The showroom only has one model, the one we have, but their website has pictures of many others. Now we didn’t provide a written spec to the builder and this puts us at a disadvantage, but we then relied on a website that was misleading. Do any of the consumer law, trades descriptions or web access laws help us here? The company have written to our builder saying tough, but in more words. Any help you can provide greatly appreciated.

    • The Complaining Cow says:

      Your contract is with whom you paid the money. So if you paid the builder direct it is with him. However if you did not provide specifics then he could easily say so. You gave the go ahead on what you saw. If anything on the website was misleading and therefore making you choose something different to what you otherwise would have done, then you through the builder would have a case. You would need to prove that the website was misleading. See above post and The Consumer Rights Directive 2013 Improve Customer Rights (you also have the right to cancel within 14 days when buying off site)and see A Guide to The Consumer Protection from Unfair Trading Regulations 2008 (amended 2014) You will need to prove that you chose a spec that was on the website and the website clearly did not say for xxx purposes (i.e. not for sale).

  42. Chloe Alexander says:

    Hi,

    I placed a £200 deposit on a vehicle from a car sales company. I was told the car had Bluetooth and when in the office asked if the car had full service history. The salesman responded and confirmed “I have the paperwork here.”. I was told my deposit was non-refundable and I signed the order form.

    During the following week I was told the Bluetooth was not working and I would have to pay for this myself. I expressed my upset that this was essential to me and was one of the reasons I looked at this vehicle. Later that day, I received a voicemail confirming they had fixed the Bluetooth. Losing trust in precious information I had been told, I questioned whether the car had full service history. I phoned and they confirmed it did not. I expressed that I was under the assumption it did following the verbal conversation I had with the salesman. The conversation got heated when I asked for my deposit back and I was told I would have to prove the car had been misrepresented as the online advert description did not specify the car had bluetooth or full service history.

    They have confirmed in writing that they are refusing to refund my deposit despite the fact I paid the deposit on the basis that the car had full service history and working Bluetooth. I also explained how distressing the call was with the office staff member who was rude to me and told me to prove it.

    Where do I go from here? I feel there has been breach of contract. The contract being the order form. May I also add that the order form terms and conditions confirms it becomes a contract when both parties have signed, however the copy I have is only signed by me and not the salesman.

    I also feel there was pressuring tactics used as I asked how much the deposit was. I was told it was £500 which I could not afford at the time. The office staff member then told me it is usually £1000 so they were making allowances. I said I did not have £500 to which she responded asking me if any family or friends could help. When I said I would take the risk if someone else purchasing the vehicle they asked if I could pay £100.

  43. Debbie T. says:

    I recently booked an apartment in London, which was advertised as having aircon in the bedrooms. Upon arriving, the company’s greeter demonstrated how to use the aircon units. These units had not been fully installed, which meant hot air was expelled from a back vent while the aircon was turned on. The company sent an aircon mechanic who confirmed the need for further works (cut hole in wall to vent outside, etc). The company is offering 30% refund and a voucher for £300 on a future stay (apartments around the world). I’m American and need advice – is this a reasonable offer? I have asked for a 50% refund on the basis of misleading advertising and have been denied it. Thank you!

  44. I ordered a number of floor tiles from an on-line company about 3 months ago. When my tiler came to fit them we realised we had received a metre squared less than we ordered. The company are refusing to replace the missing box of tiles due to our time delay in reporting this problem.

    • The Complaining Cow says:

      You haven’t said what the timescale was or how you paid. But please read the post above and see the links within. You’re welcome.

  45. Tina Roberts says:

    I purchased a first class return flight from London to Melbourne using the travel agent Bravofly. However on the second leg of the flight the plane didn’t have first class seating and was allocated a seat in business class.

    I have complained to Bravofly and they have advised that it was an incorrect display of the class and that I didn’t pay for the first class ticket albeit that i purchased the ticket on this basis. Where do i stand as i was under the impression i purchased a first class ticket? Likewise how do i know that the agent only charged me for the business class seat?

  46. Deborah Crockford says:

    I purchased two Everlast CM Neo knee supports from Sports Direct. The photo on the box shows a hinged supportive pad on either side of the knee. When I tried the supports on at home, the hinged pads stick out about two inches beyond the front of my kneecap, providing no benefit of any kind and making them impossible to wear for my exercise class.
    When I returned with them to the shop and asked for a refund they refused, even after consulting the manager. They said there was no manufacturing fault and nobody else who had purchased them had complained. I maintained that they were not fit for purpose, and neither did they fit as shown in the photograph on the box. I refused a credit note and said I would take my complaint further.
    Am I within my rights, and what would you recommend as next steps please?

  47. Evelyn O'Sullivan says:

    I purchased a kitchen from Howdens which was fitted by my builder in April 2014. The worktop has worn away in front of the sink, where it gets most wear, but as the worktop is black and it has worn away to a white colour it is really noticeable. I haven’t used harsh chemicals to clean it or in any other way misused it. The rest of the worktops are still in perfect condition.It has been like this for at least a year but I’m only now realising this is unacceptable as I feel it is reasonable to expect a worktop to last more than a couple of years. But is this true and how do I prove it wasn’t just reasonable wear and tear? And if I could get a replacement, there would be costs to fit it so could I claim these too?

    • The Complaining Cow says:

      Please read post above. A kitchen would be expected to last longer than a year. You should follow the tips and threaten legal action. You oculd also go to the Furniture Ombudsman if they are members. You’re welcome.

  48. Flanders says:

    I ordered a Hotpoint washer dryer from a well know retailer after downloading & reading the manual first. (I had to locate this on the Hotpoint website as the retailer only displayed limited product information).
    When reading the cycle instructions it clearly stated whether a ‘dry cycle’ was included and then gave the ‘cycle duration’ in the next column. Noting the average ‘wash & dry cycle’ was an acceptable 180 minutes I happily made my purchase.
    After finding the ‘wash & dry cycles’ were coming out wet I contacted Hotpoint to see if I was doing anything wrong. After a very lengthy & detailed discussion they agreed there must be a fault as a ‘wash & dry cycle’ should be exactly that & they would be happy to arrange for an engineer to come out. However, during the conversation I mentioned the ‘cycle duration’ was still taking more than 180 minutes without drying & was shocked to learn the ‘cycle duration’ stated in the manual only relates to ‘wash only’. I was informed I would need to add between 120-200 minutes drying time making the average ‘wash & dry’ 5-7 hours!!! Who would knowingly buy this!
    In addition Hotpoint advised me their online manual is actually out of date. This was revised in March 2017 (9 months ago) as none of the cycle time are correct but they haven’t got round to updating to this yet.
    On this basis I feel the manual is very misleading and would never have purchased had the combined cycle durations been made clear. Can I return due to ‘goods not as described’ or not ‘fit for purpose’? The appliance is less than a week old.
    I have already contacted the retailer to request a refund, however they say I need to take this up with Hotpoint. Hotpoint say I need to take up with the retailer.
    It feels like I am being fobbed off & really do not want to be stuck with an appliance that is of no use to my lifestyle.

    • The Complaining Cow says:

      Absolutely ALWAYS your contract is with the company to whom you gave the money, so the retailer. Write, using the Tips and quoting this Act. You could also argue you were misled see contracts

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