High street shops stamp on consumers legal rights

Leading high street shops are fobbing off customers by denying them their legal right to return faulty goods or have them returned.

According to a study by Which?, the consumer watchdog, popular retailers including Argos, Comet, Currys, John Lewis and others were misrepresenting the law over repairs, replacements and refunds.

Researchers visited over 60 shops with a complaint about a faulty fridge that had recently strayed out of a one or two year warranty.

The study revealed that staff in just 16 stores accepted that the retailer still had responsibility to resolve the problem, despite the time since purchase. 

Out of the 60 shops, 44 gave advice that was rated ‘very poor’ or ‘poor’ by the watchdog’s survey.

According to the Sale of Goods Act 1979, consumers have limited protection for up to six years after purchase, regardless of the store or manufacturer warranties. 

The Act declares that when a product is purchased it must be of satisfactory quality, fit for purpose and meet its description. Should the item develop a fault when it should not reasonably have happened, the shop may still be responsible for rectifying the problem.

Consumers were advised by the watchdog to ask for a no-cost repair or replacement.
 
"We've uncovered some appalling ignorance by staff which could deny consumers their basic rights when returning faulty goods,” said Which? Executive Director, Richard Lloyd.

“When people's budgets are tight the last thing they need is to be given the wrong advice that could prove costly.”

The research found that many stores would direct consumers to the manufacturer. However, it is the retailer that is legally responsible for sorting out any problems.

If you disagree with what you're offered when you make a claim under a guarantee or warranty, you can complain to the company in writing or contact the Financial Ombudsman for advice.

It's also worth noting that when purchasing goods on a credit card you're protected by Section 75 of the Consumer Credit Act. The law of Section 75 means your plastic must protect anything you buy over £100 for free, so if there's a problem or the company goes bust you can still get your money back. 

This vital legal protection was put in place in the 1970's so that you're never in the position of paying debt for something you didn't receive or was faulty. Whether it's a flight, kitchen, iPad, games console or something else, if you pay on a credit card it's the card company's responsible too.

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2011-11-15 14:49:28 © Moneyextra.com