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). But as well as reading this post you should also see the more updated law Consumer Protection from Unfair Trading Regulations 2008 (updated 2014). 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?!

More recent Acts

People think of misrepresentation and think ah there’s a law about that. Yup this one. However, you now have more cover with more recent laws, so you should also see Consumer Protection from Unfair Trading Regulations 2008 (updated 2014).

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, information, advice, laws and template letters How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

 

Share this
  •   
  •   
  •   
  •   
  •   
  •   

201 thoughts on “How to use the Misrepresentation Act 1967”

  1. Just booked a two day break with a friend two rooms with EXPEDIA you find out where you end up when they take payment so you get it cheaper. However you can filter so we wanted a spa and four star hotel. Even put on the booking form to be sent a menu of spa treatments for my best friends birthday.
    When I had paid notification came through yes four star but NO spa. Contacted Expedia to let them know about there mistake, re the advertising on the website. I was informed that the hotel probably does do spa, despite me telling the person on the phone it didn’t as I had rung up all ready to book some treatments. They continued to ring them up etc and said that someone would be in touch and they would probably place us in a hotel with a spa facility as it is advertised on the website. However having fallen foul before to this kind of thing I also sent an email. the response I got was quite simple

    “Will we be touch shortly looking to revert me? ”

    I have replied to that with a few choice quotes of law extracted from this blog and await what they say now. It sounds like they think they can just REVERT the money.

    I am assuming they meant refund. However I can see from the website they have not changed anything they are still advertising the mystery hotel as having spa facilities.

    Unfortunately it does not and I that was the purpose of booking a hotel with a spa

    What are your thoughts?

  2. I’d be interested on your views as to whether this applies for a different situation. In brief, bought a cinema ticket at the O2 Cineworld. Says on the O2 website 4 hours free parking for Cineworld customers – no separate terms and conditions, no subject to first come first served etc.

    Get to the O2, parking is closed unless you want to pay £30 for arena parking. Instead we are directed to the NCP (not run by the O2) where we pay £11.

    Contact the O2 – terrible response times, terrible attitude, but their current reply is basically ‘tough’ the O2 was busy that night, car parks were closed and parking was limited to £30 arenasrking to restrict cars (I am challenging this but yet to receive a reply after 7 working days now – chased, no reply). No mention of this on the website. They won’t refund as the NCP isn’t run by them.

    I thought perhaps it was breach of contract – I’ve been sold a cinema ticket with parking and I don’t get any parking. They tell me to take it up with the cinema but it isn’t the cinema telling me I get free parking it’s the O2.

    Could this be misrepresentation? I’d be interested in your thoughts.

    1. I’d say it was nudging the Consumer Protection from Unfair Trading Regulations 2008 – misleading practice. However it says on the website “Cineworld does not own or operate any car park and conditions of use are subject to change” and therefore they are covered. i.e. the change here was that the car park was full. I think the wording is poor and misleading and they should change what is written but you’ll be lucky to get anything I think. I would certainly have a go though!

      1. Thanks for the reply. My issue is more with the O2 who state on their website that Cineworld customers get free parking for 4 hours with their ticket purchase – no mention of subject to change. I don’t think this is Cineworld’s fault at all – it’s the O2. Unless I’ve missed something else?
        To be honest I’m now more annoyed with the terrible way they have managed my complaint than my actual complaint in the first place – I bet that’s not an uncommon scenario!

        1. Issue is always with whom you give the money – that is with whom you have the contract.

  3. I bought what I believed to be a 3D copy of Dracular retold on Bluray from local Asda store. I believed it was 3D because it had a special 3D cover on it unlike other Bluray on display . Only when I tried to watch it did I discover it was not in 3D.
    I complained to the store but they won’t refund because it had been opened. I believe the goods are are being misrepresentated by the cover.

    What do you think?

  4. Id appreciate your time and knowledge over a purchase of a second hand bicycle through cash converters.

    I found giant road bike online through cash co. web store that liked the look of and so phoned up the branch to see if it was still available which it was, and so they reserved it for me. The next day i travelled to the store, briefly tested the bike, agreed a price and travelled home.

    after a service at my local bike shop i notice the invoice is for a different model of bike and when i questioned it i realised that my bike was a completely different model to the one id seen advertised online through cash co’s website – lesser quality components and older vintage than what was described.

    I quickly phoned the branch where i had bought it from and the chap wouldn’t help me as i had tested the bike, bought it instore rather than online and basically should’ve known better.

    The issue I’m having is that i specifically phoned and reserved the bike that was described online, there was no mention of it being anything other than whats was stated online and i feel I’ve been misrepresented as they have given false information to persuade me to purchase. – i also took screenshots of the description before it was taken down

    my question is if i have any leg to stand on? and if so what would be the best recourse?

    thanks in advance

    samir

  5. I would appreciate your views regarding a recent purchase I made, and if it could be deemed as a misrepresentation.
    I purchased online a hands free bluetooth car kit, with Ipod and mobile phone connection, complete with full installation by an engineer.
    It was described as ” An in car solution that will work in conjunction with your existing audio system and will offer bluetooth hands free, music connectivity”.
    After the device had been fitted,I discovered that it would only work, while the engine is running, as soon as I stopped the engine the device powered down, even through my existing audio system will continue to work, without the engine running but with the key still inserted in the first position while stationary. So I would not be able to listen to music or use the device if I’m waiting stationary in my car for long period of time.
    I informed the engineer the next morning, and he said he would reroute the power to a aux live,when he was due to return a few days later, to replace a faulty lead.
    He did return and try, but he told me that unfortunately because of the type of electrical system in my car he was unable to do so.
    He said there may be away to remedy it, by fitted a new switch but he was not sure.
    I emailed the company the next day, and they replied saying there devices are only designed to work while the vehicle is in motion.
    I emailed them stating that if I had known that, I would not have purchased this item and it was not stated on there website, or in the description of the device, and that I had expected it to work, the same way as my existing car audio system.
    I stated that there description of the device of “works in conjunction with you existing audio system” was misleading as I expected it to work in the same way.
    Do you think based on this information there may be a case/claim for misrepresentation.
    I would just return the kit for a refund but they will charge me me to remove it, and not refund me for the initial fitting.
    I have since found out that it is possible to install the device to work so that the engine does not need to be running, and I have offered to pay for the additional part but they will not fit it unless I pay the fitting fee, which is excess of £89.
    I appreciated any advice you can give me.
    Many Thanks,
    Jeremy

  6. I’d really appreciate your knowledge regarding my car purchase and resultant PCP agreement.
    In Nov 2013 I purchased a car from Parks of Hamilton, at time of purchase I spoke with the Senior Finance Officer and I asked him a specific question which was ‘Can I return the car after 12 months?’ he answered this question very simply by saying ‘Yes’ I asked this question 3 times and each time he simply said ‘Yes’. On that basis I then agreed to the PCP agreement and sign the required paperwork.
    After 12 months myself and my partner returned to Parks of Hamilton to look at taking out a new car together and I was told I couldn’t return the vehicle without paying a minimum of half of the outstanding finance which works out to be 36 months payments. This information had not been disclosed when I asked about returning the vehicle prior to signing the PCP agreement and I feel grossly mislead.
    I raised my complaint via their Compliance Officer who dismissed the complaint. I then raised the same complaint via the Financial Ombusman who have also initially dismissed this although they commented that the Parks of Hamilton Finance Officer ‘..did not lie, he just didn’t provide full information..’ which I feel is recognition that he lied by omission and wasn’t clear or transparent in his dealings with me.
    I have now appealed the decision and I have 14 days to submit my evidence. Any information or expertise you have in this area would be greatly appreciated.
    Kind Regards,
    Chris.

    1. Please see this post not providing full information I believe is misleading and causes you to make a different decision.

  7. We booked a holiday for last October 20th (1 week) through on the beach, it was to a place called Aqualand Corfu, i will post my actual complaint below. Can i use this Act, as i believe that ‘On the Beach’ misrepresented the holiday and had a duty of care, they are trying to say that they are not responsible as they are only a booking agent.

    Good Afternoon,

    As per conversation with your Resort Advisor I am writing to complain about the holiday which we have just returned form in Aqualand Corfu.

    The main reason for selecting this Hotel was the wonderful Water Park (Details of which are at the bottom of this email in Blue), I have also included the description of the hotel etc from your website.

    At no time during the booking process was it indicated that it was end of season and the hotel would be closing down on the day we left.

    Waterpark
    As you can see below the water park is massive , some 75000 sqm, full details below. When we arrived there as only a small area open with 5 slides, only one of which (the yellow one) was safe to use. The black and yellow was dangerous and had inflicted injuries on a number of the guests, the two blue kamikaze slides only had trickles of water so would cause scraping injuries who dared to use it.

    The slides were not at all supervised, anybody was allowed to ascend to the top of the slides and take their chances on them, young kids included.

    There were three men (don’t know their role) who sat at the park, mainly playing football or texting .

    Most of the park was cordoned off with red and white tape.

    It was dirty, dilapidated and not maintained.

    There was a sign saying open until the 12/10/14, something we were unaware of.

    It only opened 12:30 until 4pm.

    One day, whilst walking along the side of the slides the drains seemed to overflow all over the path with stinking water.

    It appeared that the park had been closed for some time, the water in the lazy river and other parts were green and dirty.

    One kids area was completely unsupervised, although signs suggested waiting for lifeguard before going down the slide, this kids area was filthy with flies and dirt in the water.

    2. Rooms

    We booked a maisonette , which should have had cooking facilities, ours had a microwave and a fridge, when we asked to move we were told that no other rooms were available.

    The downstairs had mould on the wall, next to where my son (6 years old) was to sleep, he ended up sharing with us.

    Our neighbour had cooking facilities, but like us, there was not a single plate / pot / utensil to be found, we at least expected a kettle and cups, something else we were told was not available.

    3. Orion Pool Bar / Restaurant / Main Bar

    The bar was full of flies, when I asked why the electric fly killers weren’t switched on, I was told that these are only used in summer when they have a fly problem. The bottles of drink had flies all around the lid, the barman even had 5 flies on his hand whilst serving me on one occasion.

    The snacks consisted of ham and cheese or cheese sandwiches which you could toast on dirty sandwich toasters, the four snacks were put out at 10:30 and left until 12, by which time they were inedible.

    The food in the main restaurant was luke warm and left out for prolonged amounts of time, not once was the temperature of the food checked. This is downright dangerous, especially on the fish evening when the mussels or fish were not hot.

    Drinks dispensers were dirty in the main restaurant, the Orion Pool Bar dispensed flies into my orangeade on the last but one day.

    None of the pools on site were cleaned by the Orion Pool Bar, people were writing their names in the bottom of the pool.

    The roof top restaurant was closed.

    Most of the Bars were closed, there was only one open at any given time, when we arrived we asked where the main room was, only to be told that this was it (Pegasus Bar).

    Only 3 of the Paid cocktails out of about 10 were available due to lack of ingredients, I asked for a mojito on the first night, I was told it was end of season and nothing would be replenished. I managed to buy a couple of drinks from the shop in reception on the first night, however this was also virtually empty and was not restocked.

    4. Sports and Entertainment

    Firstly sports, although the animation team tried their best, the equipment they were using was badly worn and in need of replacement. We were told that we could only use the Tennis / Volleyball area between 5 and 6 in the evening as it was locked up, this was also chargeable.

    Evening Entertainment, well where do I start?

    Probably the worst I have ever seen, your website stated “Day and evening entertainment activities by professionals are also available.” .

    The main stage area was closed, apparently this is also where they keep all their costumes to put on shows.

    The week went a little like this:

    Friday Day – 1 Mini Disco in Pegasus Bar, which consisted of 4-5 songs played on a small system on a table, worst I have ever come across.
    Music Quiz consisting of 30 questions.

    Saturday Day – 2 Mini Disco (See Above)
    Miss Aqualand – Given the amount of guests, this was ridiculous.

    Sunday Day – 3 Mini Disco (See Above)
    Karaoke – Sung by kids, Animation Team didn’t even attempt to sing.

    Monday Day – 4 Mini Disco (See Above)
    Poor Quiz
    Highlight of the evening was Bingo, however the prize money was considerably less than the money which was collected.
    Pool table outside the bar was out of order and not fixed for the remainder of our stay.

    Tuesday Day – 5 Nothing at all day or night, which wouldn’t have been so bad except there was nothing for miles around.

    Wednesday Day – 6 Mini Disco (See Above)
    Bingo (See above)
    Karaoke – Sung by kids, Animation Team didn’t even attempt to sing.

    Thursday Day – 7 Mini Disco (See Above)
    Some sort of quiz, questions included:
    1. Guess the Animation teams age

    2. Guess the Animations Teams name.

    3. Musical chairs.

    Not once were there Professional Entertainers, usually we go out when the animation team performs, however we could not do this due to the fact there was no alternative. I could not even use the internet as I had paid 20 Euros for the wifi which only worked once during the week. I also need the internet as I run my own business.

    Additional Areas:

    The kids playground was dangerous with trip hazards and equipment missing handles.
    The bus only ran if there was a minimum of 15 people, this meant that on two occasions we couldn’t go to the beach. Others were told that they couldn’t go to Corfu Town.
    We had to wait an hour and a half for our transfers on the day of arrival.
    I have taken a number of photos which I can provide to you.

    To summarise , we feel very disappointed with “on the Beach”, this holiday was completely misrepresented on the website, at no time was it made aware to us that it was end of season (I have never been to Corfu before), also at no time was it indicated that the main reason for going , would be virtually closed I.e. The Water Park.

  8. Hi, my son purchased a car from a “friend” …he has now discovered that the car is a Category C – obviously he has gone back to this person to ask him why and his response is that he did not know. Do we have any recourse under the misrepresentation act?

    Thanks

    1. Not nearly enough details sorry – please see links in the post and contact details. Please read before contacting.

  9. I recently bought a VW Golf from a gentleman who had advertised his car on the AutoTrader website. I contacted him, asked questions as to the general state of the car, including any bodywork to which he replied that apart from a minor scuff caused by his wife in a car park, it was fine. We met, the car superficially looked ok, he said he was a trainee barrister, which added a sense of trust and honesty to the proceedings. We agreed a price and I left with the car.

    I use autotrader because it has an automatic check on any vehicle that is advertised whereby the seller enters the car registration and that is automatically cross checked within the car industry against any insurance write-offs. This requirement is clearly stated to the seller and is stated in AutoTraders terms & conditions – part 2 (ii)):

    Before you confirm that you would like to submit your advert, we will use details sourced from the Motor Insurance Anti-Fraud and Theft Register (MIAFTR), operated by Insurance Database Services Limited, to carry out a check to see whether the vehicle you wish to advertise has ever been written off (“Write-off Check”). We do not permit the advertising of CAT A or CAT B vehicles on Auto Trader and will not accept advertisements for vehicles that are determined by the Write-off Check to be in these categories. If the results of a Write-off Check determine that the vehicle is in CAT C or CAT D, the advert may be accepted but will include a statement advising of its write-off status. Links to information about what CAT C and CAT D means will be provided within the advert. You will be informed of the vehicle’s write-off status before placing the advert. If you no longer wish to proceed with the advert, you should not submit it. You can find more information about CATs A, B, C and D at: Insurance Categories.

    I immediately booked the car into a VW dealership to have a full service and check, this was completed at the next available time, about 2.5 weeks after the purchase. They revealed various problems caused by the inadequate repair following a serious accident. I did some digging and it turns out that the car had been involved in a Class D insurance write-off.

    After subsequently contacting AutoTrader, it turns out that the gentleman had advertised the same car before but this had correctly revealed the Cat D status. He was not successful with a sale so advertised it approximately 8,000 miles later, which is the advert I replied to. This did not have the Cat D warning as it transpires, as confirmed by AutoTrader, that he had entered a car registration for a different vehicle, which matched the manufacturer, the colour and the age of the car he was selling. The automatic insurance check was inhibited so the Cat D warning was never given.

    He clearly committed fraudulent misrepresentation.

    The car was bought on behalf of my elderly, pensioner father who has limited resources. It has been a huge concern to him that his savings were in jeopardy by this act from this supposedly honest trainee barrister.

    I will be rescinding the contract but I feel it right and proper to ‘punish’ the individual and compensate my father for the stress and worry he has endured over the past couple of weeks, not to mention my time and effort in uncovering these facts.

    The car was with approximately £9,000, the subsequent car service cost £500. Would I be able to claim damages and how much could I likely claim? Is there any criteria involved when deciding what they should be?

    Many thanks for any assistance you can give.

  10. Hi –
    Having searched on icelolly.com and booked a 5 night break to Majorca with Travelsoon, I have come across a problem which I hope you may be able to offer advice on how to handle it.

    My search on icelolly.com was (you can still do the same search for the exercise to see the results ):
    Airport – Manchester
    Destination – Majorca
    Date – 10th May – (fixed dates not +/- 3 days)
    5 nights
    All Inclusive

    Grade – Then further filtered – 4 star

    I came across “Hipo Palace Hotel Hipotels” – liked what I saw and called the agent offering the best price which was Travelsoon. I quoted the code. The agent told me the code was indeed for the date, duration and flights but told me it was an entirely different hotel. She went on to tell me that the hotel I was enquiring about wasn’t an option and not available. I had a look at the hotel she was offering on the icelolly code and it was far inferior. She went through the search with me while I was on the phone, saw what I saw on the screen, said she couldn’t understand it and would pass it on to the “technical department”. I ended the call and continued my search. 10 days later, this hotel is still advertised on icelolly.com on this search.

    I continued with the same search, but further filtered for resort – Palmanova
    Came across – Intertur Hotel Hawaii Mallorca

    Again, the agent offering the cheapest price was Travelsoon. I made my call and spoke to the agent – nice chap!
    I changed my flight times with Ryanair to go early and get a full day in resort for which I was prepared to pay more.
    I received my Ryanair flight confirmation on an email from Ryanair during the call – all was in order.
    24 hours later I received my hotel and transfers confirmation from Travelsoon.
    My hotel voucher and transfer vouchers were not for:
    Intertur Hotel Hawaii Mallorca.
    They are for
    Intertur Hawaii Torrenova Aparthotel Palma Nova

    This is not the hotel I had seen on the image and read the text for associated with the icelolly code quoted, but is, I have since found, the inferior hotel next door.

    I immediately called Travelsoon and explained the situation. From the reaction, I had the impression this was not the first time she had heard this complaint!

    She quizzed me on what the agent had specifically said to me during the call and asked if he had quoted the hotel’s name back to me – I honestly can’t remember catching the extremely slight difference in hotel names (if he did) and if he had I wouldn’t have noticed anyway!
    Travelsoon have said they are going to request a recording of my conversation with the agent to see if he had made it clear that he had said:
    Intertur Hawaii Aparthotel Torrenova Palma Nova
    and not
    Intertur Hotel Hawaii Mallorca.
    And they are going to call me back “within 48 hours”
    I have said I don’t want to stay at the hotel I have booked but I want to stay at the hotel that was advertised on the screen image and text on the code I quoted.
    I have followed my call up with a non confrontational email covering the facts and have also sent a message to icelolly.com via their site.

    Sceptically, I feel that I may have a battle on my hands.

    My question is:
    Is my battle with Icelolly.com for false advertising/ misrepresentation or with Travelsoon for not being aware of the clarity of their advertising on third party sites which I have seen on 2 separate occasions and have sadly fallen victim to on the second occasion.

    Points worthy of note:
    a) The inferior hotel I have booked did not even come up on my initial icelolly.com search because I filtered 4 star and it is 3 star – ergo, I didn’t see that there was another hotel with a similar name – if I had, I would have known to double check I had the correct hotel. As it stands the 3 star hotel wasn’t on my radar until after the event.
    b) Does this type of booking come under “distance selling” regulations? I believe there may be some argument for the difference in hotels not being picked up during a conversation when the on screen details were so similar.

    Once again sorry for the long message, I’m hoping you can point me in the right direction before I continue

  11. My wife and I bought a bungalow last year and subsequently found that a rear extension has been added to the the original construction. No application for approvals is on record for that extension. The seller stated in the standard questionnaire that no extension had been constructed.
    As an unapproved extension will have a negative impact on any future sale price or sale-ability it is necessary to regularise the situation. The seller claims that she was not aware of the unapproved extension , even though she lived there for twelve years and has no responsibility as the construction was before she purchased.
    I believe this to be a matter of misrepresentation , possibly innocent, and damages would be appropriate .
    Any comments are welcome

    1. Would have thought that the surveyor should have picked up on that one. This isn’t Misrepresentation. You may have a case against the surveyor – contact him/her.

  12. The surveyor said he failed to identify the extension as the roof had been painted . Also I expect the small print would excuse any liability and qualify his report only as specialist opinion.
    Seems to me that an untrue statement on a contract document by the seller on which the buyer relies would constitute misrepresentation with the burden of proof on the defendant to prove otherwise.
    The contract questionnaire becomes meaningless if one has to check each and every answer for accuracy.

    1. The surveyor should have picked it up. I certainly wouldn’t recommend taking the seller to court!! If you really think you have a case (I personally don’t sorry – but I do think you may have a case against the surveyor) take some legal advice. This kind of thing could be very costly.

  13. We employed a builder who we are taking to court for a variety of reasons but we have a query with regards to the Misrepresentation Act that we feel he could fit into.

    He verbally quoted a sum for internal partitioning however following “completion” of the works it apparently did not include things like skirting, coving, wall sound insulation etc.

    He also made a false fire breast and that too apparently did not include insulation, or double boarding which I have found out is the standard in terms of heat and fire retardation. It also didn’t include the formation of a hold for the flue even though he knew it was a balanced flue.

    In addition, the exterior of the extension he was building he stated that we could not have K-Rend, yet the house is rendered in this. Having discovered after the alternative render has been applied ( cement and a paint that did not match the colour of the house) that K-Rend could be applied. He then had to hack off the render and replace it with K-Rend. We suspect that the reason he stayed it could not be used was that it is pricier than cement and paint. So we are trying to build a picture of his lack of honesty.

    He also damaged Bi-fold doors and a lantern roof when re fitting it, through negligence. But he advised us at the time, that his staff were more than capable to install these high cost items. They weren’t and the consequence is that we had to pay a huge sum to have them fixed and this is the crux of the court action.

    Can we use this Act or would the Consumer Protection aspect be better? Would love a chat if at all possible.

    1. Use both. See the posts and take the information from both of them. See also Tips You need to get an independent report from another builder on the work and costs.

      1. Tesco are not members nor are any of the supermarkets so you can’t use it.

  14. Message I sent to our wedding florist.. They will no offer an apology or resolve dispute. Does this qualify for misrepresentation? I have photo evidence.

    ‘Unfortunately I was very disappointed with the outcome and I feel terrible having to contact you about this but i feel like I should give you my feedback, with respect and privacy.

    The bridal bouquet was not as expected. It was far from being a ‘perfect spherical bouquet’, as you had proposed and unlike many of the other bridal bouquets I have seen of your work via your website and Facebook – it looked rather standard, nothing special and very flat. When we met I discussed the importance of me not wanting any greenery whatsoever and unfortunately the stems we not fully covered in the white fabric finish you had proposed.

    The bridesmaids bouquets were unusually placed on a very obvious black wrist strap which completely stood out – especially in an all white wedding. It was noticed immediately by the bridesmaids themselves who were also disappointed. It did not compliment the overall colour scheme of the wedding as proposed.

    The two ivory rose corsages were completely different for the mother of bride and mother of groom. One was a single Rose and the other was several roses. The ‘corsages’ were wilted and had to be removed before the wedding breakfast began.

    The top table was proposed to include chapel candles of different heights to bring impact to the table. Unfortunately the top table was not as proposed and did not meet expectations at all. All the candles were the same height and size.

    The wedding cake was proposed to be dressed with masses of white roses. I can appreciate that roses come in many shapes, styles, shades of colours.. Although upon discussion i feel that I did express my wishes for a very white theme. I found the cake to be covered with very yellow and almost green toned roses.

    The hero arrangement was a beautiful feature, Thankyou.

    I can appreciate that I did not have the biggest of budgets – for the most prestigious of flowers and whitest of roses which do cost more and I hope that this message does not come across rude in any way, as I do not intend it to be.

    I just wanted to share with you how disappointed I did actually feel’

  15. The small claims court hearing this week held that a misrepresentation had been made and awarded the amount of the claim in full plus costs to the claimant.
    Also the judgement indicated that the surveyor was covered by the small print.Live and learn.

    1. Well as I said, take legal advice but as it takes months to get to court I guess that you already had taken legal advice before asking my opinion. I am not a lawyer and do not specialise in housing contracts. I take no legal advice for most consumer issues but here I would do which is why I advised it. Feel sorry for the seller though if they have had to pay up thousands of pounds if the mistake was innocent. Shouldn’t it be the people they bought from? Or will they be taking them to court?

      1. I was given legal advice which was not encouraging , rather dismissive .
        One of the irritating consequences of being old is that one gets the feeling from time to time that one is being treated as a semi -comatose dribbling geriatric .)
        The seller admitted in court that she knew that the extension existed when purchased and hence the the answer given on the TA6 form was not accurate . Any assumptions that it is only matters which occur during ownership are not correct. As we used to say ” an assumption leads to a screw-up”
        Thank you for your time.

        1. Ah so she lied! Surprised she admitted that in court! Well then yes she deserved what she got!

  16. We had a local plumber give us a quote for fully refitting a bathroom and the removal of 2 sinks (one in the room which was to be a bathroom).
    He gave us a quote of £3000 which was for a fully fitted, tiled bathroom (complete to walk in and use!) where 2 qualified and experienced plumbers (he was one of them) would be on the job. It would take around 2 weeks to complete.
    We declined the offer as we found the price was expensive (my brother has a plumbing business in another part of the UK to us), and off he went. A few days later he then rang asking if we had a change of mind. We agreed to him doing the first fix in the what is to be the bathroom and remove the sink in the other room. He quoted us ‘around half’ the price at £1500, possibly up to £1900 with contingencies. We agreed to go ahead with it as the price was ok and he could supply us with the relevant certs that we would need if the local council requested them.
    He started the job – him and another (quite young lad) came the first day at 10 till 4, then after that came in the morning (we had been warned now by this time to check and write down the hours he was there) and left about 9.30 until 12.30 came back and had his lunch in his van for an hour. He left the young lad while he was away until the last day and he took him with him. When we confronted him, he said that he had needed materials and had gone to the local suppliers.
    Anyhow to cut a long story short… He finished the job and went off. Then a couple of months later he submit an invoice. Asking for £3000, we challenged this and he provided a breakdown where he was requesting payment for the hours that he and his helper did not work. As it was a quote, we were quite shocked, especially as he had quoted us £3000 for the full job. We have refused to pay, and it is going to court soon to produce evidence. We have been made aware that he has now ceased trading and started working for another company but his solicitor states that it is still our debt and he can pursue us and that they wont confirm if he is trading or not.
    The evidence we have is photographs of the work he did and text messages of him changing his mind on the helpers wages. He was charging £20 ph for himself and £13 ph for his helper. I’m a bit confused as it was a verbal quote (no paperwork) and unless we have CCTV how would we prove that he had left for the morning and what he had originally quoted.
    However, we’ve just found out that his helper who he calls his plumber mate was actually a local 17year old, who is unemployed who he pays cash in hand. We have this lads details and found out that this is correct.
    Can we counter sue him for the monies paid to him for the helper and can we go down the route of the misrepresentation act or consumer protection. I understand that he has done this quite a lot over the years he has been self employed.
    We are in Scotland so not sure if that’s holds a bearing on things?

    1. Please see this post
      This post re unfair trading
      This post re Supply of Goods and Services Act
      and the post above
      You can counter sue for any out of pocket expense you have incurred
      Report to tax office

  17. Invited at a conference in Prague, I was contacted over the phone by “X housing service” claiming they would be in charge of organizing the accommodation for the invited speakers. I had already booked a room at hotel A, but “X housing service” told me I shall book through them at hotel B since all the invited speakers are staying there. “X housing service” told me that the costs would be much less. I had specifically asked if hotel B would be close to the main station and was told it would be just 100 mt away, so in walking distance. Thus I cancelled the reservation at hotel A and booked through “X housing service” at hotel B for 2 night at 110 Eur.
    It turns out that “X housing service”: 1) is not recognized by the conference organizers as the official organization for hotel accommodation for the conference participants and for the speakers; 2) none of the speakers is staying at hotel B; 3) hotel B is 7 Km away from the main station. Additionally, there is a discrepancy on the amount stated on the booking form and the amount on the invoice, where the number of nights is now 3 and surcharges are applied for a total of 200 Eur.
    “X housing service” is refusing to refund me, claiming that the reservation is non-refundable. I have filed a dispute with my credit card but it is not clear if this would work.
    Is this a misrepresentation act?

    1. Please read the post and the links in it to give you the information you need to complain. A complaint isn’t an Act. You may say in a complaint letter/email something about xxx that is in breach of xx Act. Please also see tips.

  18. Hello Complaint Cow

    We think the estate agent treated us unfairly and mis-sold the flat (letting the flat) to us.

    We rented a flat and moved into the new flat on 1st June and discover cat fleas bite on the 2nd days we moved in. ( added the link for the photos).

    When we do the flat viewing , a cat was in the flat and the agent told us that no pets are allowed in the flat and the previous tenant only looked after it temporarily. Also on our tenancy agreement, if we bring any pets into the flat we need to have the flat professionally cleaned with de-infestation and provided the receipt to prove the cleaning.

    Now the agent denied all the faults. And every time they offer us solutions makes us feel inferior. They claimed we already entered the tenancy and the fleas problem is our problem. They claimed they did not see any fleas when they did the check after the previous tenant moved out and it is not our business to check if the previous tenant have done the cleaning. We asked for the receipt to prove that the flat was cleaned with de-infestation but the agent cannot provide the proof. Also they said it is not necessary for every tenant to clean the flat with de-infestation before the new tenancy if they checked the flat is clean.

    We complained and requested the full agent fee (£300), deposit ( one month rent) and all the cost we spent due to the fleas issues ( hotel stays due to the de-infestation clean, medical cream and the one month storage space fee for our furniture). In addition, to end the tenancy after the first month. We really want to leave on the first week but we need to find a new place. The agent now said the landlord is very good to let us go and they only refund £100 agent fee, deposit and 5 days rent which do not even cover our hotel stay.

    We now need to complain again and wait 8 weeks to escalate the case to the property ombudsmen.

    The agent said they helped us to do the tenant referencing and rectify the fleas issue promptly but we feel that they should not claim no pets are allowed in the flat when we viewed the flat.

    Do you think they mis-sold the flat to us?

    Thank you

    1. I would say so. Threaten legal action. I would say you are entitled to redress for the bites too. More details about further action you can take in the book.

      1. Thank you very much for your reply and I will buy your book to learn more about how to complaint.
        I think it is very important to know your right and how to get things right.
        We will insist our claim and take the legal action if necessary.

        Thanks again!

        1. You’ll be able to pick out all the laws you can use as well as pages of tips etc.

  19. Hi there,

    I would appreciate some advice on the following matter. I have bought a sample sale wedding dress at a shop. I was told the dress was a size 14 and that it could be re-sized to a size 8 without a problem. I was also told it was made by a particular designer but there was no label inside the dress so could not verify. After paying for the dress I found out the following:
    – the dress is in fact a size 16. When you try on wedding dresses at sample sales you are prepared that they are going to be a bit bigger and would need re-sizing but normally this is done up to 2 max 3 sizes difference. I did not check the label inside and trusted the sales person that assured me more than once (when I voiced my concerns about possibly being too big) that it was a size 14 and could be re sized. I should add that they help you dress and pin the dress at the back staright away so could not check the label and also I had no reason not to believe the salesperson. I would not have bought the dress knowing it was a size 16.
    – I have now been told by 3 different seamstresses that it cannot be re sized to perfection as it is too big
    – I have also found out it is not a dress by the designer they indicated and that the dress is missing a part (bolero) form the original design.

    When I went back to the shop and asked for a full refund on the basis of having been sold a dress that does not match their descriptions they refused and said they don’t have a refund policy.

    I do believe that they have misrepresented the dress to make a sale. Not too mention that, as it is, the dress is also not fit for purpose and incomplete.

    Do I have grounds to claim a full refund?

    Many thanks.

  20. Looking for some help please!

    A quick summery:
    A business claims company offered their services to get our business rates reduced, the steps would be as follows
    1) They send a letter to the Valuations Office (VO) explaining we may be over-paying business rates
    2) VO accepts/declines letter and allows us to put together a case
    3) Rating Specialists send in a surveyor and put together the case to the VO

    I was told that costs would only be incurred if we agreed to go ahead with stage 3 and pursue the appeal, we decided not to. We are being chased for a cancellation fee of £1000 for their potential loss of commission.

    Cancellation fee is present in contract, but in my two meetings with the Rating Specialists employee I repeatedly asked him to explain any and all costs associated with the case, this fee was never mentioned.

    Have we been mis-sold? and are we eligible to pay the cancellation fee?

    1. In the contract your word against theirs 🙁 Fight though using the links in the post. Also possibly argue their loss of commission – really likely to be £1,000? If not argue unfair contract under Consumer Protection from Unfair Trading Regulations 2008.

  21. Please help, I am going on holiday next Friday, and I have just received my documentation stating the hotel room is a family room. When I booked, I have an e-mail confirming that the price was for a Family Suite. There is a big difference between the two, and only booked because I was told it was a Family Suite rather than a Family Room. Now I don’t know what to do. They said they are going to e-mail the hotel, but am still awaiting a response. This is our first family holiday for years, and we are flying out on my daughter’s birthday!

    1. Doesn’t sound like misrepresentation, sounds like administrative error. Don’t how you booked the holiday, whether it is package or not or who “they” are which impacts on how you complain. Far more details about holiday complaints in the book. Various holiday posts on the blog, also see tips on how to complain. Refer to proof of booking and state that is what you will be paying for.

  22. Placed an order for a new Kia car and was assured it would be a new updated model, for which they didn’t have an up to date brochure. We did some research and found photos of the up to date model, new looking front and rear with twin exhaust pipes and better wheels. We signed the contract on this basis, but it turned out the new version won’t ever be available in the UK, so the Kia dealer is saying it’s not their fault. We went to look at our brand new car today and we’re very disappointed to see it wasn’t what we expected. After signing the contract we made several enquiries to the dealer just to make sure we were getting the new look car and they assured us we were, even providing a print from a website showing the different model. They are saying we can’t cancel the contact. We have so far only placed a £200 deposit. What should we do?

  23. I bought a range rover costing £70,000 last september and it has had 2 major breakdowns

    Its under 3 years and Landrover has replaced the engine

    I am not happy with the implications of the engine change with regard to reliability and re sale value and have rejected it

    The retailer has not accepted my rejection of this car

    Can I legally be compelled to keep this car please

    Many thanks

  24. back in 1987 i was provided with some quotes to transfer my works pension thru’ a section 32. The quotes all used growth of 13%, 11% and 9%, as was the norm. I eventually chose Norwich Union (having the highest quotes/potential for early pension etc). Come 2015 and retirement day, and plenty of dialogue with NU, it transpires the policy could never pay out more than £6k, as this was written into the contract as a ‘maximum amount’ payable, despite 28 years of letters from NU quoting higher returns, and even in 2015 still telling me there was no restriction… There has been no explanation why there was a limit set, or why they kept quoting higher figures. I am now drawing a pension from this policy as I’m over 65..but the returns are even less than the £6k maximum anyway. NU claim is ‘must have’ been a condition set by my former employer..but even so..why 28 years to find this out ?
    Does the fact the returns are lower anyway nullify any misrepresentation ?

    1. This is specialist and many many more details are needed to advise. Please see a financial advisor or contact the Financial Ombudsman.

  25. I recentley bought a car from a used car dealer, it was advertised with full bmw service history, although the dealer claimed the previous owner had “lost” it.
    The dealer said he would get a new service book and send it to the bmw dealerships to get it stamped, then woukd send it on to me.
    4 month kater i still have not got said service book and after many excuses from the dealer he gas now blocked my number and won’t take my calls.
    The dealership has now changed hands and i have no way of contacting the salesman

    1. You have made statements but not asked for help? Just in case you meant to say “Please can you advise” I suggest you look at this post on cars and tips. Also the post above. All these give you help in what to quote etc. if you want to take the matter further.

  26. Please help. I purchased a 2014 Renault Captur from a dealership in July this year. I saw the advert on Auto Trader which stated it had Bluetooth and usb functions and the Captur brochure also advertised Bluetooth music streaming function on its median nav system. The media nav system was the main selling point of the car pushed by the salesman at time of sale. It was not once stated that the system was not fully compatible with all media devices and that the quality of the music will vary depending on its compatibility.

    After purchasing the vehicle, I paired up my smartphone with the medianav system of the car and realised that the Bluetooth music streaming and usb recognition was not working, thus leaving me with only radio to use as music (as there is no CD player provided on account of the Bluetooth and sub functions of the car).

    When I returned the car to the dealership for this issue to be investigated, the after sales staff admitted that there has been an issue with Bluetooth in all renault cars since beginning of the year and they are currently working on a resolution to it. I then complained to the dealership stating that they had not informed me of this compatibility limitation of the device before purchase and that I wanted to return the vehicle as I would not have purchased the vehicle if I could not use the media system included in it.

    They are insisting that they have not misled me as the system is working as intended.

    Where do I stand??

      1. Thanks for response. I used your case to send them a complaint letter. They have agreed that I was not directed to the telephone compatibility list at time of sale, but as the feature was not brought to their attention as important at time of sale they are disputing it was mis sold. They are also citing the vehicle as being used (1year old, still with 3 year warranty remaining) as an issue in not allowing the return of the car. Is this an accurate legal defence?

        1. You are certainly not entitled to a full refund and should agree an amount to be deducted for the depreciation in value of the car/your use. If it is in writing that it was compatible then there is your evidence that you were missold as it is not compatible. Threaten small claims court and do it. If it’s not written down anyway then you have a trickier job. If they have also admitted that there is a problem then this is also in your favour. More info about complaining and Small Claims Court etc. throughout the blog and in the book including a chapter on cars! Good luck.

          1. Thank you. I have been told Small Claims isn’t an option as the car was bought for over £10,000?
            It had it in writing that there was a Bluetooth and USB function available but there was an omission in the sale, brochure and auto trader advert that these functions are dependent on compatibility?

  27. Hi, I’d appreciate your thoughts. I entered into a fixed term tenancy with my landlord at the start of September. I viewed the house several weeks earlier and was assured that all works on the house would be complete by the time tenants moved in. When I moved in, I found that one of the two kitchens was not fitted with any appliances and the hob and oven were not connected. The third of three bathrooms was not fitted with any units at all (it is an empty room). The property was advertised as fully furnished with three bathrooms and two kitchens, however clearly the third bathroom and second kitchen are not fully furnished. I attempted to contact the landlord on Sept 17th to address these issues but I have not had a reply. I feel I have given the landlord adequate time to make contact with some details on when he will resume work, I would now like to end my tenancy and use the Misrepresentation Act to do so on the grounds that the property was falsely advertised and facilities were misrepresented. Does this sound possible??

    1. Depends on what contract says. Contact the council – all landlords now have to have a licence with them

  28. Hi, I required some plants for my aquarium as my existing plants had suffered from excessive algae. Searching the internet I found what appeared to be a reliable supplier, they claimed to be experts in the field of tropical plants. I read all of the reviews on this site, which were very positive. I purchased a considerable amount of plants, which arrived promptly and in apparent good condition. I say apparent because within two weeks my tank was alive with snails, snails are not a good thing for an aquarium. I contacted the supplier who sold me a liquid which would remove the snails, needless to say it didn’t and my tank is still alive with snails. I have contacted the supplier who says snails are natural on aquaria plants and if I didn’t want them I should have bought their artificially cultivated variety, which incidentally are not obviously shown on the site. The only way of cleaning my tank and disposing of the snails is to completely empty the tank of fish and plants (which will be discarded) and sterilising it, that will be a nightmare for me and the fish, not to mention the time and inconvenience, what do you advise as I consider the supply of plants with snails to be contrary to my order

    1. this is nothing to do with misrepresentation but faulty goods and service. Therefore please see this post which will give you everything you need to know to take the matter further and you should also see Tips to help you complain.

  29. Hi,

    We bought a children’s buggy privately a few days ago. It was described in the advert as being in “excellent condition”. We bought it for market value, and had my parents pick it up (i.e. didn’t inspect it).

    On putting up the buggy it was immediately clear that the footrest was broken, as it could only just hold its own weight, and not any down-force from a tiny child. We contacted the seller who agreed that their little girl could “move it with her feet”. Inspecting the manual shows that the foot-rest should lock in place, but in the one we bought the locking clips just rattle around and have no effect.

    In the configuration we would use the buggy (toddler and newborn) the footrest hangs into the face on the newborn, rendering it unusable.

    The sellers have subsequently claimed that it was fine when sold, and that we broke it. I have therefore (destructively) dismantled one of the footrest locks and found that the teeth that cause it to lock were heavily burred, i.e. a consequence of gradual rather than sudden damage which would have shown as a shear. I have photos and video of the damage, and have left the other lock intact so it could be inspected by a 3rd party if needed.

    I was wondering whether a statement like “excellent condition” is considered a statement of fact, or whether it would be considered an opinion?

    Whilst the money involved isn’t significant (I’ve been able to replace the offending seat in the buggy for £90, and the original sale was £200) the sellers seem to have taken pleasure in taking a “you can’t prove anything” approach and so I would dearly love to see if UK law can actually support us.

    Leo

    1. Much more difficult with private sellers. If they won’t give you your money back your only option is court. I think you’d win but you’d have to look at whether it was worth the risk and if you think they would still pay up if you won. More around the blog and in the book.

  30. I’m wondering if you could advise me on my current situation with a well known used-car sales supermarket. I brought a car from them about 8 months ago which at the time I paid £7500 which was resonable for its advertised mileage of 29500miles. Yesterday I was looking through the service history folder and discovered a discrepancy in mileage between service 1 & 2 (15,000 miles at first service and 13000 miles at the 2nd service). Thinking this was a little unusual I dug deeper and found that the car had a speedometer change at 18000 miles back in 2012 which I was not made aware of. So infact my car had in reality 47500miles on the clock not the stated 29500 as it was sold to me earlier this year. Once I discovered this I rang the car dealer immediately and so far they have been very good and are making enquiries with motobility who owned the car prior to them to find out more details. They asked me to scan a copie of the speedometer change record over to them as well as the questionable service history so I have in opinion provided them with sufficient of evidence of misrepresentation. Ultimately they are going to make a full investigation first and keep me posted on the outcome. My concern is that my car has now had a major devaluation in price due to this extra mileage and my car is now due for a service which originally would of been a minor service but is now a major service due to needing a cambelt change etc. They have advised me not to service the car until this is resolved which has me very worried and concerned as we heavily rely on this car for our day to day activities. Would I be correct on saying that under this act that I would be entitled to a full refund for the car in question?
    Or would it be more likely that I will recieve compensation only?
    My concern is that I was originally planning to keep this car for 5 years but considering the higher mileage I will be forced to either potential spend more money on this car than original due to ware and tear issues with higher mileage or be forced into selling the car ealier than intended and end up with another car that could have potential problems.
    Could you advise me on what would be resonable to expect from this dealer as a way in terms of compensation or if I could in fact reject the car?

    Thanks Aaron

    1. Please see the post above for the information you need and the link in it as well. Tips for complaining here. More information about cars here.

  31. Hi, I had a phonecall from a company to do with a claim with my bank. The caller I feel have me mis leading information to sign the contract so I wonder if someone can help me. The caller told me ” when you win, your account would just be downgraded and everything would stay the same,all you’d notice is you wouldn’t be paying the monthly fee. So on this statement because I was planning a move and due to health problems I agreed to sign the contract thinking that when I’ve won I wouldn’t have the embarrassment of going into the bank and downgrading it myself. So weeks went by and I never heard from the company and then I received the compensation, I them found out that my account was still the same, and was not downgraded and I had to do this myself. I have complained to the company but they are denying what was said in the call, I have managed to get a copy of the phonecall, which clearly states what the caller said to me. I have refused to pay their 35% fee because I feel that they have mis led me into thinking that my account would be downgraded when I win. I had to deal with alot of stress and anxiety when I had to go into the bank myself to change the account,explaining the reason why is because I’ve made a claim against them. Surely they can’t say these things for you to sign a contract and then when I’ve won it doesn’t happen and all I get is threatening letters demanding payment without even sending an invoice. Has any one got any advice on the matter? UK law only please

    1. I would need far more detail regarding the account, what the company is, – is it associated with the bank/part of the bank copies of what you signed, what you mean by “won” what the claim was for, was it a no win no fee thing (in which case you would be paying a fee if they got you money) etc. to be able to advise but please read Contact and services for this. Speak with the bank about what the company was that claimed to be from the bank. You need to set up a meeting with the bank manager and take in all the paperwork and have a discussion about what has taken place in the first instance I think.

  32. The company is a financial company who is a registered claims company/debt collector. The company was acting on my behalf because I signed their contract . But the bank paid me the compensation and spoke with me directly. The claim was for mis sold package bank account.
    My partner filled a form in on Facebook thinking she would be getting an information pack, but forgot to tell me. So I received a phonecall from Fairline Financial about making the claim, I have been given the recording of this call. I think they are a no win no fee business so on a successful claim they get 35%. So I signed the contract on the basis of what the adviser told me In the call, so I didn’t have the hassle of going into the bank. The company are not taking into account what I was told in the call, and are asking for their 35% regardless of what was said to me.
    I will contact my bank to see what was sent to them regarding the claim.
    Would i be able to get a lawyer involved?
    This is the callers exact words
    I ask “what happens if I’m currently paying for this account?” the caller answered
    ” what would happen if you do win, would be you account would be downgraded to a normal interest paid current account, all your facilities would stay exactly the same like your account number and sort code, the only thing you’d notice different is you’d not be paying the monthly fee”
    So on this information I was led to believe that my account would be downgraded when I win.
    When I was awarded the compensation my bank account stayed the same. I had to go into my account and be embarrassed and stressed out that I had to explain the reason why I was downgrading. All of which I thought was going to be done as part of the claim.

  33. This photographer uses a mobile as he is a admin assistant and does weddings part time. Nothing wrong with that but is this company experienced enough to have your special day ruined if they make a mistake. On there sites the photographs are of models not real wedding one is on an xrated site a well. Should he not put this down on his advert these are models and don’t mislead the public he actual has done loads of wedding shoots but in fact zeal wedding are just amateur photgraghers who do this part time. I’ve seen pictures of my friend she said he gave her a wedding dress and a bouquet she changed in a public toilet and he took pictures. Now some poor bride will look and think he actual did a wedding is this right? Laws should be introduced to protect consumers from this miselling. I know adverts have models. But now if a model is on an advert for a bank there agancy makes them open a bank account with that company to show they are a real customer. FAKE a wedding photographer zeal wedding shows unreal people as real people must be ugly in there eyes

  34. I purchased 205 litres of “traditional creosote” online from Creosote Sales on 29 October 2015. A drum was delivered on 5 November, which I opened on 23 November and it was immediately apparent that it was not traditional creosote, but an oil based variant. I emailed their customer services requesting an exchange on 24 November, but they have not responded to date.

  35. I was interviewd for the post of director for a national charity and during my interview I asked whether the organisationhad any weaknesses. I was tol that the organisation “hadno waekesses”. three days before I took up post I was told that the main bid for funding had not been secured and thet I would have to make the bid myself once in post. As I had given up a perfectly good job to take up this post I was concerned but there was nothing else for it as I had already left my employer. The funding application has been turned down and it looks as though I will be out of work soon. Was the job misrepresented to me?

  36. I bought a leather last sofa where all the cushions are meant to be reversible, because of the nature of the feather filling you must change the positions else the sofa would sag. Yet you cannot reverse the cushions because the reverse sides are made of fabric. Bear in mind small 2 Seater cost £2000.
    The seller described it “upholstered in full leather.” Would that statement be construed as deliberately misleading?

    1. Please see this post and this one. If you’ve had it more than a few weeks you are going to have difficulty arguing that you didn’t notice the cushions. If the reverse sides are fabric and still match then they are reversible. If description said everything was 100% leather including cushions then you would have a stronger case.

  37. My partner was going away to Australia for 5 months his previous provider at O2 claimed that in order to unlock the phone to put in an Australian sim we would have to pay full price for the handset. Before cancelling his contract (as it was up for renewal) we decided to shop around and was informed in a Three store that Australia is a “feel at home destination” so he would be able to use their services abroad throughout the trip. Therefore we cancelled his previous contract with O2 and signed up to Three. Throughout the first two months we have had to pay for several data allowance “add on’s” costing £5 each time claiming to give him “unlimited data” only to find out that they have been capping it at 4GB and 8GB, when the unlimited total is 12GB. During a call to request an add on an advisor informed us that the “feel at home” allowance only applies to a maximum of 60 days within a year and he will no longer be able their services. I called customer services to complain and they said they can only offer me a laughable £5.00 off his monthly tariff per month due to it being a policy issue! I told them that was unacceptable as they informed us he would be able to use it throughout his trip and now he can’t use it. The advisor explained he should get an Australian sim to stop any further charges but if we had known the “feel at home” stopped after two months we would have done this initially. Yesterday a dispute team member offered to credit his account with £150 to cover paying for an Australian sim in addition to his monthly tariff and claimed that is the best they can offer. I have requested a call back from a manager because since being told two days ago (Australian time) his allowances no longer apply, his phone bill has reached over £150 in roaming charges and allowances. Due to the time difference he has got an Australian sim today so the UK sim will no longer be in use. How can we resolve this and still keep his number? He still has 3 months left in Australia.

  38. Does the misrepresentation act cover my (my sons) circumstances? Can anyone help?. I became aware that my 17yr old son who lives and works independently with his brother, had taken out a mobile sim only contract with ee. and had lied in the shop about his age to get it. the ee shop assistant passed credit checks and didnt ask him for proof of ID. He has since paid his bill without fail till recently, he didn’t understand an extra £10 Charge on his bill. totalling a bill of 29.99. Upon querying the charge my son got uptight with ee call centre and pointed out stupidly he was only seventeen. they had cancelled his services due to job payment before this. After telling me what he had done I advised payment first. which he phoned apologised and paid. but however they now require proof of age before they resume his services. what do I do to help him out of this mess?

    1. Not mis representation. Your son lied. They now know he is is only 17 so of course they will ask for ID. If he has to be 18 to get the contract then he has to be 18! Not sure why you think it would be misrepresentation as the company hasn’t mis represented anything? The only way you could argue anything is that perhaps it was poor service in not asking for ID but not sure you would fare!

  39. I entered into a contract with Sky Tv for fibre broadband in November 2014, we have moved house since then and unbeknown to me i had entered into an 18 month contract.

    I recently called them at the start of December to request a break down of my monthly bill. It was during this phone call that i was told by the operator that i was out of contract with all my subscriptions and was now on a rolling contract, and no further charges would be outstanding for termination of contracts.

    To that end i called BT and they had promised me they would half my telephone and internet bill each month if i switched to them. I authorised the request and am now awaiting the switch over.

    When i called Sky today to ask why my bill was still including sky broadband and land line for next months bill, they told me that it would be re credited to my account but that i owed £87 in early termination fees for quitting my contract 5 months early.

    Now i had previously been told that there was no early termination fees to pay as i was out of contract on all accounts. Now they are saying that it was operator error their side and that i am still liable for the fee.

    If i had been made aware i was still under contract then i would not have terminated early and would have seen out the final 5 month contract with Sky.

    Any thoughts please?

    1. This is why I always say to people do everything like this in writing without exception. You have no evidence that this is what they said to you. Anything in writing you can easily use. You can try asking for a transcription of the call if you know dates and times and if you are very lucky you will get it but I doubt it. You need to go through the contract with a fine tooth comb and see what you signed up to. You could try arguing that under the Consumer Contracts Regs you were not provided with the right information and therefore demand that the cooling off period of 14 days is extended. Use the tips when complaining and ensure you do it in writing. Thank you for saying “please”! have a look at the amount of comments on this post where people are too rude to do so!

  40. Ho could you pleaae telk me if this is misrepresentation. Or anything like. I bought a wedding dress 2 year ago. The dress cost 1300 and any alterations wwre agreed at £20 ( written on the reciept. However i was contacted by the seamstress about 3 month ago saying that she would never do alterations for the amount of £20 and that she didnt know why the owner of the sbop had said that as she was an independent seamstress. Any advice on this matter would be greatly appreciated.

    1. See this post. You have evidence of the cost of alterations and your contract is with whom you gave the money, i.e. the shop. If this shop and seamstress are one and the same then your contract is there. Use the tips to complain and this post.

  41. Hi Team,

    could you please help me and let me know whether the below is misrepresentation or miss-selling:

    In May 2015, I visited the London Wall LA fitness branch to enquiry about their packages as I was interested in joining but wanted to know whether I would get discounts as part of the company I work for provided Gym perks.

    I had clearly explained to the advisor that the only reason I was switching gyms as the previous gym opened too late in the mornings, as I had work at 9am, and it was over overcrowded when I usually finished, around 6pm.

    Either the advisor was not listening at all or he decided to omit the fact that the mornings are peak times at London Wall. I also told the advisor that I was going on holiday so wouldn’t be able to go to the gym for 3 weeks therefore I was just enquiring and would consider my options once I returned as did not make sense to pay for something I wouldn’t use for nearly a month. I ended up being surrounded by another advisor and the manager who claimed that because of this I lacked motivation and made other derogatory remarks. The advisor then insisted on offering additional products, including a 2 hour free personal training session. What was just meant to be a general enquiry ending up with me being pressurised into signing up.

    Furthermore, on every visit, I was unable to use the equipment that I wanted due to lengthy waiting times (and I seriously mean having to wait a LONG TIME) caused by overcrowding during peak times. You may suggest exercises with alternative equipment, but it is extremely frustrating having to change my workout because I can’t use the equipment that I signed up for or having to queue as an alternative equipment is being used too.

    Since I felt that I wouldn’t be able to achieve my goal, as every time I visited I was constantly having to change my workout plan and wait, I decided to cancel my membership.

    I was under the impression that my gym membership would be cancelled after I had visited the London Wall branch to resolve an issue with my direct debit details not being on the system (although it was provided when signing up). The advisor at the desk told me that I had to make one month’s payment to cancel, which I did on the day so my membership should have been cancelled. To my surprise, I received letters from LA fitness saying that my account was in arrears by 5 payments.

    I contacted the complaints team on a few occasions and they offered what they called a “gesture of goodwill” below:
    As a gesture of good will and to bring this issue to a close, we are prepared to offer you the following solution.

    You pay 3 of the outstanding 5 payments, we extend your agreement by 2 months and transfer your membership to LAX Aldgate.

    I then replied with the following:

    Dear Mr John Pell,

    Thanks for your email and I apologise for the delay in responding as I have been on holiday.

    It seems as if you may have taken my previous email out of context. My email was not a request for an early cancellation but was instead explaining that I had visited the London Wall branch to cancel my membership and was told by the advisor that I had to make one month’s payment and then my membership would be cancelled.

    Although the cancellation policy is in the terms and conditions, the role of an advisor is to advise, which I am sure you would agree. Therefore, as a customer, if I was looking to cancel my membership, the advisor should have advised me of the correct process instead of giving me false information. Therefore, the advisor was not doing their job correctly or had intentionally given me the wrong information. Additionally, the advisor that signed me up had promised me 2 hours of free training with a personal trainer however when I enquired with a PT, I was told that I would have to pay. I believe this further highlights the poor level of customer service I was given and the focus instead on sales and getting more membership.

    In regards to my second point about the gym being over crowded, I understand that gyms may get busy at peak times but this is unbearable when you have to wait a VERY LONG time (not a little) before being able to use the equipment. Furthermore, I was even unable to use alternative machines as I had to spend more time waiting to be able to use it. As a result, I spent the majority of my time waiting instead of actually working out. Would you not feel extremely disappointed, If you were paying to use the gym but spent most your time waiting for equipment that were vital for the workout plan you set for the day? Would you not feel extremely disappointed if you decided to change your workout plan and use other equipment but still had to wait a VERY LONG time as it was very busy? If you are paying for something you can’t use and your workout plan is affected, that is a good enough reason to cancel as I feel I would have struggled to achieve my goals.

    I believe the gesture of goodwill that you have offered is unfair given the level of service you have provided, especially from your advisors. I am sure you would agree that a fair solution for both sides would be to extend our agreement by 5 months, covering the period that I was under the impression my membership had been cancelled based on the “advise” I was given by your “advisors”. From your response, it sounds like you are willing to extend our agreement, therefore this is a fair solution as it means that what you consider as “outstanding payments” are covered by the extension and although I am disappointed by the experience I have had with LAX fitness so far, I can finally go back to achieving my goal of staying fit.

    I really do hope that we can finally resolve this issue and mend our company and customer relationship.

    I look forward to hearing from you and hope you have a Happy New Year.

    This then prompted the following response:

    Dear Mr Sala,

    Thank you for your most recent response.

    Your comments regarding the information you were given by the member of staff at LAX Aldgate have been noted and addressed with the General Manager for further review. Please be assured any training or customers services issues will be addressed accordingly.

    Unfortunately we cannot remove the outstanding balance from your account and extend the agreement by 5 months. Your account is now in arrears by 6 months. As previously offered by my colleague, we would be willing to accept 3 payments and extend your membership by 6 months. This is the maximum length of time your contract can be extended by.

    Please contact our Revenue team on 01302 892 437 to arrange the payment of the outstanding amount.

    I am sorry if this was not the outcome you were hoping for.

    If you require any further assistance, please don’t hesitate to contact me,

    Kind Regards,
    * Notice how the their offer went from an extension of 5 months to 6

    I feel what they are offering is an insult since it is clear that I was provided misleading/incorrect information by their advisor when I visited the branch to cancel my membership. Additionally, although I was in arrears by only 5 months, the extension by 6 months would mean a total of 9 additional payments instead of 5.

    Although I’m very disappointed with their service, if I cant cancel my contract, I feel it is fair for both parties to extend the agreement so it resolves the dispute of the period I believed my membership was already cancelled.

    Thanks for your help in advance and I look forward to hearing from you.

    PS sorry about the length of my message.

    1. Please also note how in their latest response they say “Your comments regarding the information you were given by the member of staff at LAX Aldgate “. This shows me a lack of care and highlights that they do not plan on doing anything as my complaint has always been about the London Wall branch. Therefore this person did not even bother read my email properly.

  42. i am already in a monthly contract with o2 which up to now has been fine but there were issues with a monthly payment which to cut a long story short lead to an adviser stating (which i have in black and white as it was over online chat) that i would no longer need to pay for a part of the tariff, yet when the new bill was generated and statement was received i have been request to pay this part too and when contacting o2 again they have basically said sorry for the misinformation but everthing is how it should be so pay ! could i not state that this falls under the misrepresentation act ?? help just need some advice on the direction to take ?!

  43. Hello, I run a small health drinks business. In November 2014 I was contacted by a publishing company that publishes celebrity endorsed magazines. I was offered a last minute deal of an ad and internet-based “extras” in a magazine supposedly endorsed by a well-known TV celebrity doctor, and have written proof from the company that this was to include a readership of 500,000 and distribution throughout WH Smith.

    The magazine was three months late being published and I received none of the promised “extras” and could not locate a copy in any branch of WH Smith or high street newsagent. I also received zero response to my ad and have spoken with others advertisers who also received no response and could not locate the magazine in any shops and who also dispute the claimed readership figures. So I withheld the second half of the due payment (£1080).

    I have since been threatened and intimidated by their finance department into paying the full rate care as they insist I have breached their terms and conditions yet have managed to obtain a letter from WH Smith HQ stating categorically that they have never heard of this publisher nor ever stocked any of their publications.

    The company then issued a Statutory Demand on me personally which I had to spend two weeks away from my business to collate the evidence required to have it set aside. This I succeeded in doing, but how do I now take action citing the misrepresentation act to have my original payment of £1080 refunded to me, with compensation for the time and significant stress expended? Would this have to be through the small claim track?

    1. This is business to business not business to consumer so wouldn’t like to advise. I would threaten them with the Small Claims Court for what you have already paid, but biz to biz you may be able to bring in other things and suggest you take legal advice. Also sounds like possible fraud to me so I would get in touch with Action Fraud as well.

      1. I had a infrared heating system installed , based on facts related to me by the sales rep, and also verified by his main office. My old system was ripped out and the new installed.
        When the new system started to operate with colder weather,it was soon clear that non of the sales blurb was evident. I complaind to the installer who sold me the system and they did a few modifications , with no positive result. This as been going on for about three months, I have asked for said system to be removed and my money returned as the system is not as related to me prior to sale.
        The company has now stopped selling and fitting this system,I do believe through multiple problems with it.can I use the misrepresentation act 1967. In this case, i seem to be getting nowhere. Thank you.

  44. I have had a used approved car from a dealership and was told before the purchase that the mot runs till Nov 2017 via email. To confirm this I called the sales guy and he confirmed it on the phone too. When I went to pick the car I was told the MOT document will be posted to me. After constantly chasing the document, I received it 2 weeks after picking up the car. The MOT actually expires this year in July and has a long advisory list. The sales manager is now looking into this for me. I think it is complete misrepresentation and they should pay for a new MOT with all the advisories sorted. Is there any advice regarding further steps that you can provide?

  45. I signed a contract of 3.42Kwh solar panel contract first. and because it too long to improve our electric system. the salesman came again and said an upgrade contract get my wife signed it. so a 3.0kwh system but same price and cheaper panels. we can not prove the saleman’s word of upgrade. no wruting or recording. can we say it is a fraud? we did not even get a copy of thecontract. but because my wife signed it for me so the company insist it is valid.

  46. Went into EE mobile phones Worcester informed them I required pay as you go phone and that I only would use it for emergency as my wife has her phone attached to her ear.I only required it for when I would be out shopping on my own and contacting my wife. He indicated a row of phones from a couple of pounds to several hundred. Under each ones price it said a ten pound top up was required. I thought that was fair enough and purchased a Mobile. On trying it out at home a message came up that the ten pound top up was for 30 days and would be renewed every 30 days and changed o my credit card that I used for the purchase. I want to take it back as I was misled and return my money. Is that okay

    1. Should be. See also this post. However if you signed a contract then it wasn’t a pay as you go which is what you need. Could be one word against another which will be difficult but see also Tips for complaining.

Comments are closed.