Christmas shopping all wrapped up with Ten Top Tips

Christmas shopping rights you need to know

Christmas shopping can be a stressful time – who to buy for and what to  buy them? Where are the bargains? What to do if the recipient doesn’t like what you have bought? What happens if you change your mind? What can you do if there’s a delay in an order?

Here are my Top 10 tips for ensuring you know and use your rights when shopping for Christmas presents and in the sales!

 

 

Change of mind

 1) When purchasing something as a gift, get a gift receipt. Stores do not have to take anything back and give a refund or exchange just because you changed your mind (or in this case the recipient doesn’t like it) but many do and are more likely to do so with a receipt (or any proof of purchase). Many shops will also need this for an exchange too.

2) Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, consumers have 14 days cooling off period for changing their minds when buying something not on the retailer’s premises. There are some exceptions to this, such as bespoke items. Whether or not return postage has to be paid depends on the trader’s terms and conditions.

Delivery

3) Under the Consumer Rights Act 2015 goods must be delivered within the time frame agreed with the seller. If one hasn’t been agreed (you have agreed a time frame if the listing supplies a time frame) the trader must deliver ‘without undue delay’ and at the very latest no more than 30 days from the day after the contract is made. After this time you are entitled to a full refund.

4) You are entitled to any out-of-pocket expenses if the company don’t turn up when they say they will, such as recompense for time taken off work. See Your Rights, Mail Order, Online and Deliveries.

5) Your contract is always with the retailer to whom you gave the money. It is NOT the courier, unless you have paid your money directly to the courier. Always insist on redress from the retailer company, so that IT can get the money back from the courier!

Faulty goods

6) Your purchases are covered by the Consumer Rights Act 2015 and you have 30 days from the date of purchase to demand a refund if the item is not of satisfactory quality, fit for purpose, doesn’t last a reasonable length of time or match the description. After this time the trader can offer a repair or replacement. So you can check the item or give a gift receipt with the present.

7) These rights also apply to digital goods although the 30 day rule does not apply to non tangible digital goods such as downloads.

8) Your rights remain the same in the sales unless a known fault was pointed out at the time of purchase.

Christmas meals out

9) When you have a works or office Christmas meal you also have rights under the Consumer Rights Act 2015. Your meal should be of satisfactory quality and of a similar price to a comparable establishment. If you are not happy with it don’t eat it and take photographic evidence should you need to complain later. You can refuse replacement courses and claim a refund. More here.

10) When you have made a booking for a hotel/restaurant for a Christmas “do” you are entitled to that booking! If it isn’t honoured speak to the manager about immediate compensation, such as free drinks, whilst you wait for your table. If this can’t be done and you have to make alternative arrangements, the establishment is liable for any out of pocket expenses you may incur. More

If you need to complain follow these Top Tips.

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

And see How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results, for load of advice, information, tips, templates and your consumer rights!

 

 

 

Top 20 Tips for Complaining Effectively

How to end 3 problems with your mobile ‘phone (& get your money back)

 

I get so many requests for advice about mobile ‘phone contracts and communication companies generally. I do seriously believe that the communication companies are the worst for communication. So because of this, I thought it would be helpful to write a post about your rights when it comes to mobile ‘phones. You’re welcome.

Problem number 1 – ‘phone develops a fault

Your consumer rights are the same for when your mobile ‘phone develops a fault as any other product, but in my experience people are frequently getting fobbed off with lines such as “Send it back for repair” and “Contact manufacturer”.

If your ‘phone forms part of your mobile ‘phone contract, your claim would be against your mobile ‘phone service provider and you may be entitled to a free repair or replacement as part of your contract. Check the terms and conditions in your contract for what you are entitled. However, regardless of the contract you retain your rights under the Sale and Supply of Goods Act 1994 (for items/services purchased before 1st October 2015) or Consumer Rights Act 2015 (for items/services purchased on or after 1st October 2015) to goods that are satisfactory, fit for purpose and as described. Most companies in my experience will fight this and certainly after a year will say “tough” one way or another. Personally I believe that a ‘phone should last more than a year and I would be prepared to test this in court and set a precedent but unfortunately my phone of over two years hasn’t broken! But I’m ready and waiting to help if anyone wants to try it!

If you bought your ‘phone without any contract then your complaint is always against the retailer and not the manufacturer. You may have a guarantee with the ‘phone and after 6 months you might want to claim on this with the manufacturer, but go to the retailer first who might also contact the manufacturer directly for you.

Problem number 2 – network coverage

There are currently no rules regarding poor network coverage. Even if you move house, you are unlikely to be successful in cancelling a contract for poor network coverage if in the provider’s terms and conditions it allows for breaks in coverage. However under the Consumer Rights Act 2015 a service provider must provide the contracted service with reasonable care and skill. I would argue that the service was not being carried out with reasonable skill and care if they can’t give you any service! It was reported in the media that in 2009 Tom Prescott took Orange to the Small Claims Court and gained £500 plus free cancellation of his contract when he couldn’t get coverage on his 18 month contract. So threaten it and quote this case.

Problem number 3 – mis-sold contracts

It is extremely difficult to successfully complain about mis-sold contracts. That doesn’t mean you should not do it however! It is just that in my experience dealing with mis-selling of a contract was one of the most annoying and tedious complaints to deal with. The fob offs come thick and fast and I’m sure put many people off. I undertook a case for someone regarding this and it was a lot of work and a lot of emails to CEOs and in the end I won and got Ben out of the contract but I’m sure most people would have given up which is of course what the companies want.

Keep records of everything. If the company rings you around the time of the end of your contract make sure anything that they offer for a new one they also put in writing. Although you can request transcript of conversations, (under the Data Protection Act 1998) they are likely to charge for this and again it is time consuming.  If you agree a contract over the ‘phone remember that you have the 14 day cooling off period (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) in which you can cancel.

You also have other Acts of law at your disposal. The Misrepresentation Act 1967 and also the more recent Consumer Protection from Unfair Trading Regulations 2008. For a practice to be unfair under these rules, they must harm, or be likely to harm, the economic interests of the average consumer. Also The Consumer Rights Act 2015.

More on Mobile phone companies called out for overcharging loyal customers and how to challenge and gain redress.

Complaining and taking matters further

lap top on woman's knees phone in one hand

 

See All you need to know about complaining to telecom providers

 

 

 

 

1) Use these 20 Tips on how to complain effectively and especially  www.ceoemail.com to get to the top, you’ll probably need it
2) Use the links to the Acts above and quote your rights from them
3) Threaten legal action if necessary and be prepared to see it through
4) The ombudsmen only cover mobile ‘phone services and not issues with the actual ‘phones. CISAS and Ombudsman Services Communications depending on which service your company is registered with.

Wherever possible complain see Why you should write not ‘phone to complain effectively.

See a great post on SkintDad’s website  – 4 Ways to Stop Overpaying For Your Mobile Phone for ensuring that you are not paying too much for your mobile ‘phone.

 

Terms & Conditions The One Show

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

More information to come on broadband etc. in the following weeks. More tips, advice, details of law and template letters can also be found in the book GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

 

 

Top 20 Tips for Complaining Effectively