Retail Customer's Rights.

[PCPLOD178]

The Sale of Goods Act, 1979, gives retail customers legal rights with regard to 'fitness for purpose' and quality, but some retailers, especially those selling electrical goods, impose their own company policies to deny these rights to its customers. For instance, if a customer cannot produce the receipt, some retailers will simply refuse to either refund the cost price or replace the item, claiming that it is against company policy.

 

The problem with receipts is that if you purchase, say, a television set, from a supermarket, and then the weekly shopping, the television is included in the long receipt. One supermarket chain refuse to issue a separate receipt, and who keeps all their till receipts ?. The Sale of Goods Act does not require a customer to produce the receipt, all you have to do is return the item to the store where you purchased it with some evidence of when and where you bought it. You don't even have to return it to the specific supermarket or store, any in the chain will suffice, and do not be put off when the manager tell you that you have to return it to the store from where you bought it.

That evidence can be your bank statement if you paid by cheque or card, or if it was cash, then your word will suffice providing you can establish on the balance of probability that you bought it from that store.

 

One High St. electrical shop manager tried to **** me off because he said I could have bought a very expensive T.V. recorder from anywhere, but when I made enquiries, I discovered that the model concerned was marketed exclusively by that chain.

 

Some will tell you that you have to send it back to the manufacturer, this is another ploy to persuade you to give up. It is the retailer's responsibility to deal with your complaint, not the manufacturer. Ignore the warranty, that will have T's and C's buried deep in the bumph to give them a 'get out of gaol free' card. It is the retailer, I repeat this because it is specified in the Act.

 

'Fit for purpose' simply means what it says on the tin providing your complaint is not trivial, say a tiny scratch where is cannot be seen.

 

If the manager still tries to put you off, politely remind him of his obligation under the S of G Act, and if he still refuses, then you raise the stakes by sending a formal letter to the store informing the manager of your intention to taking the matter to the small claims court. Include the date you bought the item, how you paid for it, details of your complaint, and a summary of the manager's response. Allow the store 14 days to respond with an amicable solution, and give warning that following the expiry of that period, you will take legal action without further notice.

 

I will prepare a specimen letter and further instructions on how to take the complaint to the small claims court, and if anyone needs help, get in touch with your e mail address and I will send copies to you.

 

In most cases, your claim will be indefensible inasmuch as the retailer cannot file a logical defence in answer to the complaint, in which case, you ask the court to strike it out and issue a result in your favour. Example, I bought a bed which, after six months sagged around one side and in the middle. The store's 'technician' claimed that I had been sitting on the edge and using the bed as a trampoline. A girl in the office dealt with the summons and filed a defence to that effect. The court struck out the so called 'defence' and ordered the store to pay up.

 

Most stores will not even use solicitors to deal with your legal claim, they get some clerk or other to deal with it in the hope that you will give up and abandon the case.

 

In another case, I was beaten up and held prisoner for two hours whilst the hospital where I was being treated cleaned up one ward bathroom of hardened excrement on the floor and around the sink and toilet bowl, and removed a corpse from the next toilet. I discovered these conditions and tried to leave, so the ward sister got the security guards to intervene.

 

The police didn't want to know when I eventually escaped, and so I issued process against the hospital and took the police to the Court of Judicial Review to order it to do its duty. The hospital chose to use the Coroner's Officer as their legal eagle on the basis that he, like me, was ex police, but he was useless, incompetent, and didn't have a clue. When the case finally ended up on the desk of a solicitor, the hospital trust settled out of court.

 

My advice therefore is to stick it out, don't be put off, the law is there for your protection. You can ask Citizens Advice Bureaux in the first instance what to do, and more than likely, they will take you through the procedures.

 

DO NOT BE PUT OFF.

 

Get in touch and I will discuss these things further with anyone in need of help.

 

P.C. PLOD.

[kidley]

Very interesting and useful information P.C.plod. Thanks

[999tigger]

Are you a policeman?

 

Here is the CAB link to consumer rights for anyone interested.

 

http://www.adviceguide.org.uk/england/consumer_e.htm

 

Keep your receipt peeps and remember you have certain rights plus shop staff rarely know the law as to your rights.

 

Dont buy vouchers.

 

If you want extra protection then use your credit card for goods over £100.

[kidley]

The Sale of Goods Act, 1979, gives retail customers legal rights with regard to 'fitness for purpose' and quality, but some retailers, especially those selling electrical goods, impose their own company policies to deny these rights to its customers. For instance, if a customer cannot produce the receipt, some retailers will simply refuse to either refund the cost price or replace the item, claiming that it is against company policy.

 

The problem with receipts is that if you purchase, say, a television set, from a supermarket, and then the weekly shopping, the television is included in the long receipt. One supermarket chain refuse to issue a separate receipt, and who keeps all their till receipts ?. The Sale of Goods Act does not require a customer to produce the receipt, all you have to do is return the item to the store where you purchased it with some evidence of when and where you bought it. You don't even have to return it to the specific supermarket or store, any in the chain will suffice, and do not be put off when the manager tell you that you have to return it to the store from where you bought it.

That evidence can be your bank statement if you paid by cheque or card, or if it was cash, then your word will suffice providing you can establish on the balance of probability that you bought it from that store.

 

One High St. electrical shop manager tried to **** me off because he said I could have bought a very expensive T.V. recorder from anywhere, but when I made enquiries, I discovered that the model concerned was marketed exclusively by that chain.

 

Some will tell you that you have to send it back to the manufacturer, this is another ploy to persuade you to give up. It is the retailer's responsibility to deal with your complaint, not the manufacturer. Ignore the warranty, that will have T's and C's buried deep in the bumph to give them a 'get out of gaol free' card. It is the retailer, I repeat this because it is specified in the Act.

 

'Fit for purpose' simply means what it says on the tin providing your complaint is not trivial, say a tiny scratch where is cannot be seen.

 

If the manager still tries to put you off, politely remind him of his obligation under the S of G Act, and if he still refuses, then you raise the stakes by sending a formal letter to the store informing the manager of your intention to taking the matter to the small claims court. Include the date you bought the item, how you paid for it, details of your complaint, and a summary of the manager's response. Allow the store 14 days to respond with an amicable solution, and give warning that following the expiry of that period, you will take legal action without further notice.

 

I will prepare a specimen letter and further instructions on how to take the complaint to the small claims court, and if anyone needs help, get in touch with your e mail address and I will send copies to you.

 

In most cases, your claim will be indefensible inasmuch as the retailer cannot file a logical defence in answer to the complaint, in which case, you ask the court to strike it out and issue a result in your favour. Example, I bought a bed which, after six months sagged around one side and in the middle. The store's 'technician' claimed that I had been sitting on the edge and using the bed as a trampoline. A girl in the office dealt with the summons and filed a defence to that effect. The court struck out the so called 'defence' and ordered the store to pay up.

 

Most stores will not even use solicitors to deal with your legal claim, they get some clerk or other to deal with it in the hope that you will give up and abandon the case.

 

In another case, I was beaten up and held prisoner for two hours whilst the hospital where I was being treated cleaned up one ward bathroom of hardened excrement on the floor and around the sink and toilet bowl, and removed a corpse from the next toilet. I discovered these conditions and tried to leave, so the ward sister got the security guards to intervene.

 

The police didn't want to know when I eventually escaped, and so I issued process against the hospital and took the police to the Court of Judicial Review to order it to do its duty. The hospital chose to use the Coroner's Officer as their legal eagle on the basis that he, like me, was ex police, but he was useless, incompetent, and didn't have a clue. When the case finally ended up on the desk of a solicitor, the hospital trust settled out of court.

 

My advice therefore is to stick it out, don't be put off, the law is there for your protection. You can ask Citizens Advice Bureaux in the first instance what to do, and more than likely, they will take you through the procedures.

 

DO NOT BE PUT OFF.

 

Get in touch and I will discuss these things further with anyone in need of help.

 

P.C. PLOD.

 

Are you a policeman?

 

Here is the CAB link to consumer rights for anyone interested.

 

http://www.adviceguide.org.uk/england/consumer_e.htm

 

Keep your receipt peeps and remember you have certain rights plus shop staff rarely know the law as to your rights.

 

Dont buy vouchers.

 

If you want extra protection then use your credit card for goods over £100.

 

My Bold may be useful

[xdbx]

The problem with receipts is they're thermal paper, most of the time the info fades after a few months.

[999tigger]

My Bold may be useful

 

Ok missed that, but you could have just quoted the bit you higlighted.

[kidley]

To save space you mean? i will remember for the next time. Thanks for your understanding.

[Firemansam]

What a fantastic thread PCplod.

 

I'm sure a lot of forummers will put your knowledge to good use over the coming few weeks.

 

I, like you take real exception to some snotty nosed manager insisting... "it's company policy" which as you say doesn't hold water, but does put some people off.

 

Well done again!

[Squiggs]

The problem with receipts is they're thermal paper, most of the time the info fades after a few months.

 

Yes, with higher value purchases we always used to advise customers to sellotape over or laminate their receipt if possible because of this.

 

Because on the other side of the coin, a few "customers" DO get snotty and high handed, possibly because although they are mistaken, they believe that they are right and don't entertain the possibility that they could have erred in any way at all.

 

At work I once encountered a very sarcastic shouty woman making damned sure that everyone could overheard her disgust at the refusal to accept a returned item without proof of purchase.

 

The problem being that the item was product which, although a brand stocked by many different stores, was a model which although physically the same as the version stocked by a multitude of retailers, carried a different model name - that name being a "white label" production produced for ONE chain of retailers, and one chain only. So there was absolutely no way that she could have purchased it from us. Which is why I put "customers" in quotes.

 

There were numerous attempts to explain this but she was too busy being a "champion of consumer rights" making a scene and shouting everybody down to listen to the quite simple explanation of what could be an easy mistake to make.

 

Then she slammed it down and walked out saying that we'd be hearing from solicitors and every known customer action group known to man. I don't think she ever came back for it, it might still be in a back room gathering dust.

 

So...whilst people are right not to be fobbed off by excuses - it also pays to make sure that you are sure of yourself first before all guns start blazing....

 

As my mother always said "The customer is always right except when they are wrong"

[999tigger]

Hence it being fine to use a credit card or bank statement.