Roland Posted September 10, 2010 Report Posted September 10, 2010 Alway handy to have reposted, or kept close at hand I guess. See also: The seven biggest broadband rip-offs Nearly half a million complaints a year!The CAB helped resolve both these complaints, but they are just the tip of the iceberg. According to Consumer Direct, there were 414,000 consumer complaints in the first half of 2009, a fall of 3% on a year ago, and independent car dealers topped the "rogue" lists.However, in legal terms, disputes about second-hand cars and most goods, which are not supplied with a service or associated finance, should be straightforward.The 1979 Sale of Goods Act entitles the purchaser to a product that matches the description, is suitable for the purpose for which it is sold, and is of reasonable quality. Having problems with a company? Visit our legal self-help section Reasonable expectations:There are a few rules of thumb relating to expectations and cost. A new washing machine should not be expected to break down after 15 months. Don't be put off by talk about expired guarantees. That is the first red herring used by many retailers.Whether a guarantee has run out or not does not affect your statutory rights for goods which should last a reasonable time, typically up to seven years in the case of consumer durables like a fridge or washing machine, or even a big flat screen TV.However, if you paid £100 for a 15-year-old car, you might not have such strong grounds if it broke down after 15 months. Of course if it broke down immediately, that is a different matter. It is a question of reasonable expectation.The trouble with enforcementThe trouble with cars, especially those sold privately, is not so much of consumer rights as of enforcement.If a disagreement gets to the Small Claims Court (the likely legal destination for matters under £5,000) it might be easy to get summary judgement after you have paid your £80 to £120 fee, but much harder to get your money back from the other side, even if they fail to dispute your claim.Every year, thousands of such cases fail because defendants move home, can't be traced, or where there is a lack of assets to be seized.Fortunately, the vast majority of consumer purchases should not be a problem so long as you follow a few golden rules.1. Buyer bewares. Use your common sense to check what you are buying is of good quality and that you have a chance of getting redress if it's not. Buying something expensive from a foreign website you have never before heard of is a typical case where you may be putting yourself at unnecessary risk. 2. Read the small print. Everyone knows the advice, but few follow it. Don't sign anything without reading it, and never feel under pressure to sign. Insist on taking your time, perhaps even a day or two. In financing deals, consider not just the initial cost, but the interest rate and the total cost and whether that is reasonable and affordable.3. Move quickly. Most goods sold over the internet, by phone or mail order are subject to a seven-day cooling off period. This means that you can change your mind for any reason.4. Don't use the item. The moment a product seems defective or unsuitable, stop using it. Keep all packaging, labels and instructions. Retailers are reluctant to take back clothes that have been worn, products that look dirty or used, or anything where it looks like they are being taken for a ride.5. Know your basic rights. Don't be fooled by guarantees and insist on the quality of merchandise or service that is rightfully yours by law. When you purchase an item or service, you enter a contract, which is enforceable by law, even if nothing has been written down. The Department of Innovation, Business and Skills are launching a "know your rights" campaign later this year to increase awareness of such issues.6. Be polite but firm. Most retailers will behave reasonably if approached politely. Angry confrontations are likely to harden positions unnecessarily. In any negotiation, give the other side the opportunity to make a gracious retreat. 7. Don't pay up front. With building work, double-glazing and many other services it is sensible to avoid paying up-front if you can. Irrespective of the statutory rules, it strengthens your negotiating position enormously should something go wrong. 8. Keep records. Always keep receipts. If a dispute isn't solved immediately, make sure you keep detailed records too. Dates and times of phone calls, letters and visits are vital if your case ever goes to court, gives you the upper hand in negotiations and gives you confidence that you have the full facts.9. Escalate your complaint. If you are getting nowhere with a call centre, ask to speak to a manager. The higher up the decision chain they are, the more power they have to bend rules, make payments or give other concessions. A well-written letter copied to the press office, chief executive or chairman can work wonders. Use the company's website to find the person's exact name and office, and market the letter 'confidential' to ensure personal attention.10. Don't let it get you down. Don't suffer alone. There is always help available, either through a consumer help - line, trading standards, or through your local Citizens Advice Bureau.MSN correspondent Nick Louth is also a specialist advisor at the CAB. *Names and some details have been changed to protect CAB client identities.Useful resources for consumer informationWhat consumerCitizens AdviceHM Courts ServiceConsumer Direct 08454 040506Laugh your way through the recession with a signed copy of Nick Louth's 'Funny Money' Related linksContact the Citizens Advice Bureau • Seven broadband rip-offs • What would you do to fix the banking system? • Are the banks good value? • Free brochures on ways to invest Print off.... and / or copy and paste on to a Word Sheet.
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