Issue 146

Legal eagle: Your Rights on the High Street

09th October 2006

Hi everyone and welcome to the second instalment of the law column! I must say that the first issue was a roaring success as lots of random people have been coming up to me to say they are so relieved that they finally know how to pronounce my name! On the other hand, a slight oversight meant that I did forget to mention how to get in touch with your legal problems. You can contact me at waterfrontlaw@hotmail.co.uk so please do!

Moving on, I don't know about you, but I do love a good argument and you can guarantee that Irish politics and the decline in social/moral responsibility in society will most certainly get me going once I have had a few drinks. However, one of my all time favorites is challenging shops that refuse to honor or acknowledge my consumer rights. A particular favorite is shops who display "No Refunds Given" signs which frequently results in me getting very red in the face and my long suffering other half trying to shut me up before he quietly vacates at the nearest exit when he realizes this is futile. So today's mission is to educate all the girlies (and the lads) about your consumer rights in relation to the shopping experience whether it be on the high street, online or from a private buyer (pay attention if you are thinking about calling up about that ad for a second-hand car on the back of the library toilets!).

The basic starting point is the Sale of Goods Act which gives you the right to recompense if the products (or services) were not of satisfactory quality, were not fit for their purpose or did not match their description. In practice, this means that sellers cannot give false descriptions, cannot give misleading prices or try to charge misleading prices and cannot make statements saying you have no rights such as the aforementioned "No refunds" sign popular with side street alleyway shops. It is important to mention at this point that you do not have any rights at all if there is nothing wrong with the product and you simply changed your mind –the exception to this is sales made through distance selling (online/mail order/telephone) where there is a cooling off period and you then have the right within usually 7 days to return the items and not get charged for them. However, with the traditional bricks and mortar environment it is at the retailers discretion as to whether they want to give you a refund if you changed your mind, caused the damage yourself or were told about the fault although many of the leading high street retailers are increasingly doing this as a gesture of goodwill.

Types of sale

Looking at the distinction between different types of sale with new items it is relatively straightforward in that your entitlement to recompense will be automatic if any of the three aforementioned conditions exist in relation to the Sale of Goods Act. Next looking at second hand items (bought in a shop); perhaps surprisingly the same rights do exist as if the product was new. However, if it does break, the price paid will be taken into consideration together with an expectation of lower performance as it has already been used. In contrast, your rights will be significantly lower when you buy privately. Here, the goods must be as described, but a seller who is not acting as a business is not covered by the rules on satisfactory quality and fitness for purpose. In essence, this means that the only way you can achieve protection in private sales is by asking as many questions about the product before you buy and recording the answers so that in the event of a problem you can get compensation on the grounds that the product was inaccurately described to you by the vendor.

What you are entitled to

Contrary to what many retailers still deny, you do not have to accept a credit note and you do have the legal right to insist on a full refund. So do not allow a retailer to bully you into accepting a replacement, free repair or credit note. A very important misconception is that your rights are waived during sales, which is simply not the case. Other lies retailers may say include that "it is the manufacturers fault" which is also untrue as the law says it is the seller's duty to deal with complaints about faulty goods or other violations of compliance with your legal rights. So in both these instances you also have the right to ask for a full refund.

However your right to a full refund only lasts for a very short space of time which is a bit of a grey area in that it amounts to a reasonable period of time to examine the product and report it to the retailer usually amounting to a few days or weeks. After this you can only claim reasonable compensation. Normally you have to accept an offer to put the goods right or the cost of a repair. At this point it is useful to mention that you may have additional protection in the form of guarantees (usually provided free) and under warranties (usually paid for) which may last for many months and years after the product was purchased.

Practicalities- Collecting evidence and making your case

Okay, you know your rights and you know what you are entitled to, so what about making your case? You need to first collect your evidence- receipts are useful but do not worry if you have lost it – your rights still apply although it is important proof of when and where you bought the goods. If you don't have a receipt, some alternative proof of purchase is likely to be necessary such as a credit card bill or bank statement. If you received faulty goods as a present, you might need to ask the person who bought them for the receipt or proof or purchase, or to complain for you. A useful tip here is to write the persons name and address on the receipt at the point of sale and inform the retailer that it is a gift for them.

Your complaint can be in person (ask for the manager) or in writing which may be better legally speaking as you will have a written record of each correspondence which is useful if it eventually goes to court. In a letter, you should record when you discovered the fault or breach of your rights and what this takes the form of i.e. inaccurately described, not fit for purpose or not of satisfactory quality. Also say what you want to remedy the situation and set a deadline for action. If this deadline has passed continue to send further letters (always keep a copy) demanding action. If the trader is a member of a trader association, inform them as they may be able to put pressure on the retailer to meet your demands. If you are still met with no satisfactory response your only course of action is to take it to the courts. This will usually take the form of the small claims procedure which is a very cheap and simple way of reclaiming if the goods are worth under £5K and does not require you to have a solicitor acting- more information can be found at www.courtservice.gov.uk You can also refer your complaint to your local trading standards department who will investigate it www.tradingstandards.gov.uk.Final ly you may find the citizens advice useful to consult for free further legal advice on the matter at www.citizensadvice.org.uk

Disclaimer: The advice given in this article represents the personal views of the author and is in no way legal binding. It is intended to give preliminary information only and it is suggested that students should consult the relevant organisations and professional legal help in the event of problems.

Mairead Moore