How to Use The Misrepresentation Act 1967

Misrepresentation Act 1967

Been mis-sold a contract? Use the Misrepresentation Act 1967

This is a much underused Law. (It doesn’t cover Scotland but Scottish Law is broadly similar). It protects the consumer from being mis-led or mis-sold goods or services. If you enter into a contract and purchase an item or service because you believed a statement (not an opinion) regarding it, then you can end the contract, get a refund and claim compensation. There are three types of Misrepresentation where a false statement was made:

Fraudulently – statement made by someone that they know is untrue, believe it is untrue or is made recklessly
Negligently – statement made carelessly or without reasonable grounds for believing its truth.
Innocently – statement made without fault

Fraudulent/negligent statements
If you entered a contract as a result of a fraudulent or negligent statement you can cancel the contract. You can also claim damages in most cases. These claims are on the basis of negligence or fraud. The person who made the misrepresentation has to disprove the negligence. So for example, if you book a holiday on the basis that it is a holiday where children are not allowed and find that when you arrive the place is overrun with children then this is a clear breach. I used the Act  as part of a complaint for a story regarding misrepresenting a holiday booking.

Innocent statements
This is considered to be when either party enters into a contract having reasonable grounds for believing that his or her false statement was true. The contract is usually just cancelled in this situation.

Under Section 2(2) Misrepresentation Act 1967 the court has the discretion to award damages instead of allowing you to end the contract if it deems it appropriate. It cannot award both, judged on nature of misrepresentation and losses suffered.

Limitations
If you chose to continue with the contract although you were aware of the misrepresentation you will not be able to end the contract or claim damages. For example if you booked a holiday knowing that the hotel described in the brochure was family friendly but you knew this was a mis-print due to other factors in the brochure or had had it pointed out to you and you proceeded with the booking you will have, in law, “affirmed” the contract.

You need to act quickly after discovering the misrepresentation. For example, if you have been sold a mobile ‘phone contract on the basis of receiving 500 free texts a month and you have continued to use the ‘phone for a few months before complaining about being charged for them a court may say that you should have complained the first month in which you were charged. All cases are different though and are assessed as such.

I quoted this Act in a case against NatWest and Sunmaster. Which category of statement do you think they fell into? Have you used this Act? Will you now you know about it?!

You could also use the Consumer Protection from Unfair Trading Regulations 2008.

You are also covered by the Consumer Rights Act 2015 if the item does not match the description, is not fit for purpose or of satisfactory quality.

More details on how to complain in the book How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

I have stopped comments for this post as the answers for people’s questions are in this post and in the links. Please read them and for how to complain effectively see Tips.

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201 Responses to How to Use The Misrepresentation Act 1967

  1. isabel says:

    Hello,
    Would it be classed as misleading in that I booked a hotel room at the express by holiday Greenwich inn at £186 in November based on their website saying they only had a few rooms left. Now I see the same room and date is £153. They are trying to tell me prices fluctuate but I only bought in advance because their website said only a few rooms left. ..Please help.

    • The Complaining Cow says:

      Common practice I’m afraid. Had it actually said that the prices were likely to go up and you based your decision on it then it would have been a breach of the Consumer Rights Act 2015 but it didn’t. They all do this – with that stupid box coming up saying “x number of people are looking at this room right now” and similar stuff. All luck of the draw I’m afraid. Sod’s law.

  2. MP says:

    Would this apply when I was told prior to completing a 50% deposit payment (for my wedding dress) and signed paperwork/invoice that there were no nasty terms and conditions in their contract, that the deposit is actuallu non-refundable?

    • The Complaining Cow says:

      Not really, quite a standard term, especially when work is started on bespoke item, if you change your mind and they have started work they should not be out of pocket. However, if the item is in breach of the Consumer Rights Act, e.g. not of satisfactory quality then the deposit is part of the total of which you are entitled.

      • MP says:

        Thank you. I have been offered an exchange (so unlikely they have started making it as given me one month to decide). I cannot find an alternative that’s suitable and they are not offering a credit note or any other solutions. I assume it’s goodbye to my £700 deposit. They also took 50% for alterations after the dress arrived-which I will not require, plus 50% for accessories that I hadn’t made a decision on at that time as I was told they could be swapped at anytime. I feel cheated as it’s clear my dress has not gone into production and they have also taken half the price for things they knew I hadn’t made a firm decision on at the time the deposit was taken 🙁

  3. Brandi nutz says:

    What protects a policyholder from misrepresentation caused by innocent mistake?

  4. Alex Furr says:

    Hi,
    Very useful article. Could I use this act in the following issue.
    I took out a contract with yell.com to advertise my business. The contract small print said minimum 6 months but their sales rep, stood in my kitchen told me twice in the space of an hour that you could cancel at anytime, even after a month with no problems.

    I realised the product want what I needed and mailed them after 2 months telling the to cancel and I cancelled my direct debit. They have now sent the dept reclaimers after me and insisting I signed a 6 months contract, despite what was being said to my face when I signed.

    Any advice would be appreciated.
    Kind regards,

    Alex

    • The Complaining Cow says:

      You can try but if you were to go to court you would need the evidence, so would depend on the contract, the small print of which you are aware. You could argue unfair contract terms under Consumer Rights Act 2015 but this is also business to business so you should take legal advice as consumer law doesn’t always apply.

  5. Hayley lyons says:

    Hello, I bought a property based on the fact it was in place where it clearly isn’t. It was advertised at Poulton le fylde and we were given an fy6 postcode but this postcode was soon crossed out by the mail man. It turns out we are not in Poulton but outside of the border where house prices are cheaper, this is causing us problems now as we want to sell. We purchased the house 6 years ago from An estate agent in Blackpool.

    • The Complaining Cow says:

      A judge would think it reasonable for you to have done your own research and looked at more than one property in the area at the time. 6 years on prices fluctuate and you would have to pull out a heck of a lot of properties that were being sold in the area at the time and compare to even have a chance in court. Personally don’t think you have a tiny chance at all. Sorry.

  6. Simon Langhorn says:

    Hello
    We have agreed a contract for a ‘glass extension’ that in the sales literature has a flat roof and slim profile frame and bi-fold doors etc, if you picture the sleek glass boxes you might see on grand designs. What is being built is more a traditional lean too conservatory with thicker profile section, sloping roof and much bulkier bi-fold doors.
    We were told at the point of sale that the roof would actually slope back a few degrees and drain into a box gutter at the house wall. When the surveyor visited to do the detailed design work, he said we could not have a flat roof. After much discussion we accepted this and finally agreed to a 5degree pitch but as a result, now in construction, we have much bulkier crossbeam frame at the front because it has to absorb the roof load.
    Misrepresentation?

    • The Complaining Cow says:

      Would depend on what you had in writing and what you agreed to in writing to be able to take it further. Not misrepresentation if you agreed to changes, mis sold perhaps if told you wouldn’t have bulkier frame.

      • Simon Langhorn says:

        Ok thank you it’s with their board of directors now so will see where we get to. Many thanks

  7. Aitchy Aitch says:

    hiya
    i bought i kitchen from a high street diy supplier. i specified that i wanted a white kitchen. at point of sale, when i was entering the credit agreement and getting all my sales documentation, the salesman printed the kitchen design in a different colour. i told him, ‘no it should be white, i want a white kitchen’ and he printed it in white for me. i signed the credit agreement.
    months later the kitchen is installed and it isn’t white, nor even available in white.
    i complained at the time (less than 10 days after installation) but was told by the high street diy supplier i was deemed to have accepted the kitchen. i am now trying to sort out a settlement on it and various other issues do to with the work done by them and their installers. which acts am i covered by?
    the kitchen was never available in white, so i feel it was mis-repesentated to me and therefore mis-sold to me. but too much time has passed to get it taken out (+ i can’t bear to have them attempt to do anything else in my home anyway). so i’m trying to sort compensation etc

    • The Complaining Cow says:

      Depending on when you bought the kitchen you need to use Sale and Supply of Goods Act 1994 or Consumer Rights Act 2015. Use the tips here email the CEO quoting relevant law plus misrepresentation.

      • Aitchy Aitch says:

        thanks. i’ll let you know how i get along. apols for taking so long to return to this.

        do you have a view on the furniture ombudsman? the supplier of my k & b have occasionally mentioned them. however, i have read elsewhere that the furniture ombudsman’s decisions have better protected the interests of their members (diy stores etc) rather than the interests of consumers.

        • The Complaining Cow says:

          Personally not used Furniture Ombudsman but I think very good. Often people don’t like the ombudsman when they don’t see in their favour…

  8. Mike connor says:

    Purchased a 3 in 1 hot water tap which stated cold water
    Filter aswell , plumber fitted but only boiling water
    Contacted company they said it was a mistake on website
    & would not offer refund where do i stand

    Thanks m connor

    • The Complaining Cow says:

      Please read the advice in the post above plus links within it. Also Tips. Even if mistake on their part you still have right to refund see above.

  9. Laura says:

    Hello hope you can advise. I accepted a job offer and left my previous employment because of this. My role did not materialise after working for 3 months with the new company as they did not win the contract – I was told the contract had been won before being asked to hand in my notice (have recorded telephone call to prove) now I’m being made redundant. With no job?

    • The Complaining Cow says:

      Employment Law not consumer so can’t advise sorry. Sounds damn dishonest though. I’d give CAB a ring they will be easily be able to advise on this.

  10. Sant says:

    I purchased a car at a cost of £18,000 from a large car supermarket dealer that had advertised only one owner from new. 2 weeks later, when I received the logbook it stated 2 previous owners. The dealer advised they will investigate and get back to me. Am I able to cancel the sale agreement and return the car for a refund? I have driven about 500 miles since purchasing the car and receiving the logbook.

    • The Complaining Cow says:

      Please see post above and links within it. Take a photo of mileage at point of informing the garage.

  11. Mark B says:

    Hello

    I entered into a Car Lease Hire agreement. I was told at the time that I would have to put a £500 ‘refundable’ deposit. I changed my mind and went back to the dealer. They refused to give me back my money but I stood firm. They then said that would refund my money within 24 hours. Needless to say I did not get the money despite promises made. Unfortunatly, they took my paperwork and would not give it back to me, so all I have is a bill of reciept :o(

    Can I claim under the Misrepresentations Act 1967 and, if so, what are my chances of success ?

    Many thanks.

    • The Complaining Cow says:

      Depends on terms and conditions set as to whether it is Misrepresentation. If it says non refundable for change of mind for example, although you could claim Unfair contract terms for that possibly. Please see the links in the post. Complain to ceo of company find contact details at ceoemail.com. They must give you a copy of paperwork and they must make you aware of terms but see all that in the links.

      • Mark B says:

        Thank you.

      • Mark B says:

        Just to let you know, I received a cheque from them today !

        Personally, I thought they would have tried to hang-it-out as I did not have any paperwork.

        I guess it is a case of lessons learned by me and I will be more circumspect when handing over my money in a form of deposit. In future, I will demand to see where it says I have to BEFORE I do. If it does not, I will walk away.

        Once again, many thanks.

  12. Emma says:

    I have just purchased a new car on Finance. The salesman told me when I viewing the car (before purchase) that it comes with Mirrorlink technology and explained that I could connect any Smartphone to it and it would mirror the phone’s screen on to the car dashboard screen so I could use any App including the SatNav of my phone. I have just taken delivery of the car only to now find that this system only works with a limited amount of smartphones (about 30 in all) and of course, mine isn’t one of them. For me this was one of the major factors in choosing this particular car only to now find that this option is actually useless. I feel this car has been mis-sold to me – would I have a case to return the car? Thank you

    • The Complaining Cow says:

      Put it in writing see if company is member of motorcodes and their arbitration scheme if necessary. You will need to prove that he said “all” smartphones which would be difficult-you should also look in any paperwork about the car and what it states. If that states “all” then it is a breach of the Consumer Rights Act 2015. as not matching description.

  13. Andy Walker says:

    I just bought a dining table and chairs (Furniture Choice) and found that the table has marks on it that were not on the images of the table on the sellers website.
    I have spoken to the seller and they have mentioned that these might be old photos on the website and they sent me a couple of images from their showroom table, which has the same marks, although the close up images from the table on their website has no marks and that’s the image that convinced me to but it.
    They have mentioned I can send the whole lot back but I’ve got rid of table & chairs we had and will have to wait until they get it back to get any refund. I’m just really disappointed

  14. Jacqueline says:

    Hello

    I wonder whether you can advise on what I think is a mis-sold holiday. I went to a travel agent for advice on destinations for a holiday to celebrate my son’s 4th birthday. We had only two non-negotiable criteria: A flight less than 3 hours and there must be a waterpark as our son wants to celebrate his birthday there. The agent suggested Salou as it met our requirements, stating that not only is the flight short but there are two massive waterparks to choose from. Fast forward 8 months and I’m looking online for waterpark tickets to find out that neither waterpark will be open whilst we are there, they open a month later. I feel this is mis-selling as our decision was based on inaccurate information given to us. What do you think?

    • The Complaining Cow says:

      The Package Travel, Package holidays and Package Tour Regulations 1992 cover the package holiday. Your contract is with the tour operator and not the agent. However should you specifically ask the agent to act on your behalf and s/he says a specific booking request has been carried out and it hasn’t you can claim for this against the agent. Various posts on holidays on the blog and more information and templates in the book.

  15. Louise says:

    Hi, I’ve recently registered with a professional dating agency and prior to joining I asked them to search their system against my specific criteria requirements. I was sent the results via email. I felt quite positive as a result and registered. After a bumpy start I relayed this info to the MD and have since been informed that this number is entirely inaccurate! All comms via email which I’ve saved. Can I approach them under this Act and request a full refund? I feel as though I’ve been misled to part with my money.

    • The Complaining Cow says:

      Not clear – who misled? You relayed the info to the MD? Of the company or one of the results? If it simply that the person you wanted to meet has given wrong contact details then it could be an administrative error or simply a mistake by the person. In any case the website will say that it is their terms and conditions that they are not responsible for the information given by members. It has been in the news recently about these agencies not being responsible for vetting their members in anyway as some have attacked and raped women on their books, so if they can get away with not dealing with reports about members attacking other members you won’t get them on anything less.

  16. Sharon says:

    Hi I was contacted by phone asking if I found my that my Facebooks ad worked, which I agreed they did. I was offered a one month ad (plus one month free) to be shown round 1 million people on Facebook in a 50 mile radius of where I my business was for £100. I had a drop in business at the time so took up the offer only to find out they were a marketing company, which they did not initially say. I was also to be given a portal link to see the ad and stats about the ad.

    The advert did not go live till day 8. The portal took me to a blank page and on asking got told thats what customers wanted so they can alter the ad themselves.

    I usually have a good increase in views from a FB ad but nothing changed even though it was suppose to be shown to maybe 30 + thousand a day now? I felt very dubious and cancelled the ad on day 11 as I was going away.

    I came back to a report saying I’d had 50 thousand page impressions to my site, but on my stats I had had 3, none from FB. My views are normally in the 100s not thousands which is why I know the report is false and I have kept copies.

    They will not give me a refund / partial or full because it went over 7 days? And because my credit card company took the payment back off them, they are now asking me for the payment plus a £45 charge extra to be paid within 14 days or they are sending debt collectors and will black list me. I have never not paid anything in my life. Can they do this thanks?

    The terms said no refund after 7 days but I feel misled and also that no add even exists? They emailed me after 3 weeks to say the ad was cancelled but are now saying it was out there all the time and I have to pay for it? But I know it hasnt because a recent ad brought more custom again that I added to FB myself? I dont know what to do. Thanks

  17. Hi,
    We recently booked a hotel room which stated next to the list of amenities for a regular room that it would have a queen size bed and bathtub, on arrival the room was so small that it only had a king size bed and a shower tray, also it states free parking but then find that it only has enough parking for a 1/3 of the rooms and the rest would have to park on the street and pay. am I within my rights to complain for falsely advertising the room?

  18. Kayla says:

    Hi, I’ve booked a package holiday with First choice, I was told by the travel agent that the hotel is very quite and ideal for families. I booked as I was led to believe the spaces for free child places would go and would have to pay a lot more. I’ve found out the hotel is undergoing work at the moment and I contacted the hotel, they confirmed this, know one can confirm that work will be finished, only saying it is scheduled to be finish on 4th July, we fly out on 14th July. I’ve also read reviews and it states hotel is really busy and full of children in which I don’t mind but I’m taking my daughter who is autistic and I feel that this would cause her a lot of distress and if any work is going on she will need to wear her ear-defenders the complete time, I want her to enjoy the holiday. I really feel upset and believe that I’ve been completely mis-led. I want to change the holiday destination, even go for less days but they’ve said I would have to pay £50 per person!!! 7 in total are going, I haven’t got that, taken 2 years to save for this holiday. Do I have any rights? Thank you

  19. Steve W says:

    Hi,

    I agreed to buy a new car last Tuesday as the salesman told me (over email) that had two available and I could have one early May. This essentially made me buy the car faster because I wanted the quick delivery rather than the 6-8 weeks it would take for normal manufacture.

    A free days after my order I asked about delivery and was told it was in 6 weeks (start of June)…

    The offer of the available car was not mentioned and now the salesman won’t answer my emails.

    • The Complaining Cow says:
      • Steve W says:

        Thanks, I’m not sure how that helps me.

        • The Complaining Cow says:

          Not provided services with reasonable skill and care, breach of contract so long as you had everything in writing about what you were getting for your money then you can prove breach of contract. See Tips for complaining and see New cars.

          • Steve W says:

            Thank you I will write an email to the salesmans manager tonight.

          • Steve W says:

            Hi,

            I contacted the MD of the garage but all I got was a general statement about how cars are subject to the manufacturing process etc.
            I really don’t know how to move forward, I said that I wanted the car by the date stated on my order form but I’m being fobbed off. I was straight up lied to and now I’m stuck.

          • The Complaining Cow says:

            I have given you all the posts regarding cars, ADR schemes and legal rights and tips. After you have gone through all of this then your only option is legal action but frankly if all you are disputing is a delay in delivery then you are extremely unlikely to get anywhere. You have probably signed terms and conditions that state something about delivery and for cars I would not say that it was unfair terms. It is certainly not a case I would take on.

  20. Gary Frewen says:

    Hi

    Could you advise if I was mis-sold a License agreement. I was told I would be the sole personal trainer in a gym if I used this company as they also had an agreement with the gym. When I first started there was another personal trainer working there which prompted me to complain as I was paying a monthly rent for this license. My area manager advised me to speak to the gym manager as this should be happening, to which the other personal trainer was told he could no longer work there. I have since reviewed my contract and it states they grant the license to the licensee on a non-exclusive basis. I have evidence in the form of the gym manager and the personal trainer at the time that I was the sole personal trainer however the contract states otherwise. I also note that I had been offered a job at another gym before accepting this agreement but the whole reason I opted for this agreement was because there were other personal trainers working in the other gym.

  21. Sarah Kennedy says:

    Hi I am wondering if you could help me.

    I bought a house 2 years ago from a builder. My solicitor raised a query about an internal wall being removed in the kitchen in 2001, and asked to see building regs. I have in writing from the vendor ‘not a load bearing wall so no building regs required’.

    I now have reason to believe that this was in fact a load bearing wall. It looks to me like there is some sort of support in place, but I have no idea if this is suitable, and there are no building regs. There are cracks around this support that were not there when we bought the house.

    I will be speaking to a trusted builder this week who will be able to tell me if the wall was load bearing. If it was, and the vendor has lied and said in writing that it was not load bearing, what can I do? Is this misrepresentation, and could I sue him?

    • The Complaining Cow says:

      False or misleading descriptions about properties are covered under the Consumer Protection from Unfair Trading Regulations 2008 (amended in 2014) You should also use your surveyor’s report. You can sue but I would take specialist legal advice on this. It may be that you also need to sue the surveyor which would complicate things.

      • Sarah Kennedy says:

        Thank you for the advice. I did not have a full survey unfortunately, I relied on the information put in writing by the vendor on the property information form.

  22. Ross says:

    I have just redeemed a Virgin Experience Days voucher for a Big Cats Photography Experience Day. It was given to me as a present (not sure of the exact cost, but it’s around the £100 mark). The accompanying letter attached to the voucher states “During this 5 hour course you’ll learn how to capture great photographs of big cats and other animals…………”. Upon redeeming the voucher I received e-mailed confirmation and a copy of the itinerary which states “9:30 Arrival, 12:30 Close” which is only 3 hours (far short of the advertised 5 hour duration). On querying this with Virgin/Acorne I was told that their information sheets have now been updated and no longer make reference to the 5 hours duration. Would I be entitled to a refund of 40% of the voucher value to make up for the missing 2 hours?

  23. Bubble says:

    I have just moved into a new house, and purchased a services package (internet) beforehand. I originally brought Sky but after talking to company (cable.com I believe they are called, who sell services on behave of other services provideds, like a compare the market) and told me a better deal with an internet provide called Plus net, saying I could have fibre, unlimited, within 5 workings days etc….
    I cancelled with Sky for this better deal

    I received a letter from Plus net, saying thing thank you, we have your order and its being processed, nothing to worry about your route will turn up 1 day before you go live
    4 days passed and still nothing about my router, I called them up to see what was happening
    In short they were waiting for me to call them…. I had no indication they needed me to call them, they advised the notes where on my ‘’portal’’ ….. I have no internet; how could I check? (in short, no data on my phone, and work I’m lucky to just look at my e-mails)

    So it was lucky I called up about my router or this would have gone on for longer. After about 30/40mins into the call I was then informed that I couldn’t have fibre any more, not enough ports. I was annoyed about this as their copper speeds were the worst out of every one who I had spoken to, and if known I would have stuck with Sky and when would someone call me to let me know? (there reply was… we sent a message on your portal). So my account was put on hold until I spoke to their sales team to talk about a new contract, during the course of that very night with my account ‘’on hold’’ I was receiving Text messages now saying My home phone services will be up and running the next day. The next day comes more texts saying My home phone services is up and running …. Of course this wasn’t the case as … it should be on hold and I still have no router

    I spoke to them again to find out what was happening to my account, and thinking about cancelling due to this, and not getting stuck into a 12month contract with very poor internet. I explained to them that I was aware of a 90Day waiting Period (not guaranteed) to be moved onto fibre

    I said if I could have a clause in my contracted saying that I’m willing to wait the 90days for fibre and if I’m not switched between that time frame I can cancel my 12-month contract with them (with no charge)

    The first person at PlusNet suggested I could ask for that in my new contract, when I transferred I was turned down pretty quickly. After going around for about 10-20mins I then found out that this person hadn’t even asked a manager if it was possible, she was going off what she thought.

    Currently I am waiting for the call back from the manager but I wanted to know if I have a leg to stand on. I have had this happen to me once before with vodaphone , saying I could have an upgrade (when I wasn’t due on) to try and make a sale, this turn down a very ugly route that went on for 4 months with the ombudsman involved

  24. Dave says:

    Hi I booked a UK boating holiday on a self drive cruiser( broads sunrise) the craft was discribed in the brochure as havjing constant hot water but when we went to use the hot water it was cold on returning the boat I said we couldn’t get hot water without running the engine for about 45 minutes the guy that checked us back in said we wouldn’t get hot water instant as that system had been removed a while ago I ask why it was still stated in the description and the reply I got was error on our part

  25. Carla says:

    Hi We went on one of these ‘blanket trips’ in Spain and signed a contract to purchase a mattress from them. The representative said head office would contact us within the next 7 days to get the exact bed measurements and as the mattresses are made to the exact measurements and we could cancel right up to the point that we gave the bed measurements to head office. The company did not contact us for about a month, by this time we had purchased the item elsewhere. They are now saying we have to pay a 20% cancelation fee because we are canceling outside their 8 day cooling off period. We only signed the contract because the rep assured us we could cancel if we changed our minds, but we had to sign now to get a certain deal, exclusive to Spain, this turned out to be untrue as you can get the same deal on-line. Is this misrepresentation?

    • The Complaining Cow says:

      This Act covers the UK. Please see laws covering EU. If you bought in the UK see the link in the post and Consumer Rights Act 2015. You’re welcome.

      • Carla says:

        Hi
        Although we signed the contract in Spain the company is based in Birmingham and the contract says it is subject to English Law.
        I sent them an email saying they were at least contributory negligent, and I have had an email back from the company head office in the UK saying “we apologise for any misunderstanding in relation to the order and as a goodwill gesture will reduce the cancelation charge to 10%”, this is still £130 and they have suffered on loss, it was us that was misled. Can you tell me, do we have to pay this or is this an admission of fault? Thanks in advance Carla

        • The Complaining Cow says:

          As in the comment above – you are covered by the CRA please click link and read post and Tips and complain accordingly.

  26. CJ says:

    I have purchased a bathroom and have been advised that a charge would be refunded if a particular issue did not arise, which didn’t.

    We are now being refused a refund for this amount (on a loan taken via them) on the basis that they did other work not relating to what we were advised this charge was for?

    Is this covered under this act?

    Thanks

  27. Dave says:

    My mum just got back from a holiday in Bosworth Hotel. The brochure pictures a lovely building, bedrooms, restaurant, cocktail bar etc, etc but my mum ended up staying in a newer extension to the historic building being advertised, using none of the rooms pictured. When she asked about the lovely bits she saw in the photos, she was told that was part of the old building and wouldn’t be where she was staying.

    Would this act apply here? The place being pictured and described in the brochure isn’t at all what my mum ended up with. But that’s what she paid for.

    • The Complaining Cow says:

      You’d be hard pushed really unless accommodation was inferior or didn’t match description – would need more detail but you can make up your own mind – by looking at holiday posts and Consumer Rights Act 2015. You’re welcome.

  28. Keith says:

    We have just arrived at a holiday destination to discover the room we have is not the same as the room we have booked. We booked a sea view suite with a whirlpool on a panoramic terrace. We have a sea view suite but no whirlpool and no terrace. The holiday companies website clearly stated that a sea view suite comes with this. Following our complaint to the hotel they state that their website (a separate website) clearly states that a sea view suite does not have a whirlpool in its accommodation listing. They insist that the fault lies with the tour operator and not them although they acknowledge that the tour operators website is incorrect.

    We have spoken to the holiday operator that we booked through. They have now amended their website removing any mention of whirlpools (thankfully we have screen shots of the website before they changed this). The hotel are informing us that all of the rooms with a whirlpool are booked for the week so there is no chance of getting the room we thought we had paid for.

    We have asked to be upgraded to the next level although the hotel cannot authorise this unless the tour operator confirms they will pay for this. Coincidentally the next upgrade room is a private pool room. When we made the complaint I checked the hotels website to see if there were any private pool rooms free for the time we are here. There were. Following the complaint we have now been told that the room is on hold and someone is considering taking it for the week. They cannot release the room for 24 hrs and then will only release it if the other party do not make a reservation.

    Where do we stand? We are torn between trying to enjoy a holiday or coming home and getting the solicitor involved as we have been mis sold a holiday. The only reason we came to this destination and hotel was due to the whirlpool room and sea view.

    Also what happens if we do get an upgrade? We have lost a day of our holiday trying to sort this out and will lose at least half of tomorrow if not the whole day. If I accept an upgrade can I still pursue the tour operator for mis selling?

  29. Orley Kutner says:

    Hi there,

    I recently bought some garden furniture online from a reputable retailer. The picture showed a parasol and in the written description it referred to “sitting under the shade of your pretty parasol”. The furniture arrived without a parasol and only then did I realise there was some small print saying parasol not included. However, the picture and the description are both very misleading. Is there a case u see the Misrepresentation Act?

    • The Complaining Cow says:

      Not really. You can try and use it and the other links but sounds like if in the picture and description you are unlikely to get anywhere. If you bought online you can return within 14 days using Consumer Contracts Regs. – only paying postage if says so in terms and conditions. You’re welcome.

      • orley kutner says:

        Hiya, thanks for your reply. But if in the picture and description and in my order confirmation email it is showing the furniture with the parasol, they are misrepresenting the item. I got duped. I didn’t see the small print. Are they allowed to use such false advertising to sell the product and then just get away with it by adding a disclaimer in the small print? It’s really misleading.

        • The Complaining Cow says:

          As I said, it is worth trying to complain and using the other links in the post. Difficult to comment without seeing everything. Follow the tips and threaten Trading Standards. More details in the book.

  30. Karen Smith says:

    I recently purchased 110 chairs based on a sample chair supplied as it was made to a high standard and very comfortable. When they were delivered they were not of the same quality and had a fraction of the padding of the sample chair. I complained straight away and was told that they did not deem the chairs to be faulty or worthy of replacing. Is this situation covered by this Act?

  31. Kadir Anik says:

    Hi
    I have bought a car privately for £9,650.00. I have done the full vehicle check (including HPI and the mileage check). 2 or 3 days after, the vehicle had a transmission fault on the dashboard. When I asked the private seller about any faults with the vehicle apart from the little dents, he said “the car is perfectly fine”. I have taken it to the garage and have been advised that the gearbox needs replacing and that this problem was there for some time. I have spent £2,250 to get the gearbox replaced as he did not accept to pay for it.
    Do you believe I have a valid case for the seller deliberately misrepresenting the vehicle to me? Your help is most appreciated.

    • The Complaining Cow says:

      This from the AA website on buying a car
      Private
      If you buy privately, it’s a case of ‘Buyer Beware’. You won’t have the same legal protection as you would if buying from a dealer and it’s up to you to ask the right questions and inspect the car thoroughly before you buy. It’s a good idea to get an independent engineer to give the car a thorough mechanical inspection, and to get a car history check to make sure there’s no shady past.

      Because your legal rights are more limited, unscrupulous dealers may masquerade as private sellers: be very wary if a private seller wants to meet you somewhere other than at their home, or if their name is not on the V5C registration document. A dealer pretending to be a private seller is committing a criminal offence.

      The only legal terms that cover a private sale contract are:

      the seller must have the right to sell the car
      the vehicle should match the description given by the seller
      the car must be roadworthy – it is a criminal offence to sell an unroadworthy car and an MOT certificate from a test several months ago is no guarantee that the car is roadworthy today.

  32. Steven says:

    I purchased a brand new car just under a year ago. The advert for the car clearly stated that the annual road tax for the car is £0 (The same advert is still on the website and I have made a copy).
    This week I recieved my road tax reminder and it says it is £30 per year. I have since double checked this on the DVLA website and it is correct, the car produces 116g/km of CO2. The tax cost has not changed in recent years, therefore the dealer must know the advertised imformation is incorrect. They are a large well established multi-franchised dealer and must have taxed many hundreds, even thousands of vehicles the same as mine.
    Also, the car was purchesed on a PCP finance agreement using Suzuki finance.
    In my eyes, this is clearly misrepresentation. What can I do?

    Many Thanks

    Steven

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