Friday 17 July 2009

I want my money back!

Talking to one of our friends, yesterday, we learnt that her daughter goes through irons and washing machines like other folk go through peanuts. What interested us in this instance, however, was that the daughter in question had suffered a broken-down washing machine ten months after buying it from Argos. She didn't have the receipt, however, so when she'd returned to the Llandudno branch from which she'd bought it, the manager told her that - as she didn't have the receipt - he couldn't help her and she'd have to take it up with the manufacturer.

There are times when one wonders why managers are so unbelievably badly informed - unless he was simply trying it on. If the Argos senior management read this, they should weep. Here are the facts:

1. You DO NOT NEED a receipt. Yes - it does help to be able to prove you bought it at the store, but it isn't a legal requirement, and they cannot try to weasel out of their responsibilities in that manner.

2. Your contract (that's what happens in law when you buy something) is with the retailer and never, ever with the manufacturer. Any shop manager who tries to tell you otherwise should be the first up against the wall come the revolution.

3. If you've been sensible enough to buy it with with a credit card (note: NOT a debit card) or on HP, then you also have a comeback against the credit card company or the HP company.

It's hard to believe that managers are still trying this one, but they are and you need to be well prepared to argue your case. There's more:

4. If you buy something that breaks down within six months, it's up to the shop from which you bought it to prove that the goods were fit for purpose – or 'as described' – when it sold them. The shop is also responsible for proving that the problem was caused by you (for example, because you had an accident with the item that damaged it). Beyond six months, it's up to you to prove that the problem was the retailer's.

And here's the really interesting bit, which few folk know: Under the Sale of Goods Act, the retailer must either repair or replace the goods 'within a reasonable time but without causing significant inconvenience'. If the seller doesn't do this, you are entitled to claim either:

* reduction on the purchase price, or
* your money back, minus an amount for the usage you've had of the goods (called 'recision').

If the retailer refuses to repair the goods, you may have the right to arrange for someone else to repair it, and then claim compensation from the retailer for the cost of doing this.

You have six years to make a claim for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.

Now, does this mean that something is guaranteed for six years, instead of the measly 12 months all shops try to tell you? The answer to this is an unequivocal yes and no....

More seriously, it all depends on the cost. Here's an example. One of the most used items in the kitchen is an electric kettle. Suppose you pop into Comet and pick one up for a fiver. Fifteen months later, it goes belly up and stops heating. Comet will tell you it's out of warranty, but it isn't beyond the contract claim period as specified in the Sale of Goods Act. However, a court would almost certainly decide that for a kettle costing only a fiver, you were probably lucky it worked for the full 12 months and you'd get nothing. If. on the other hand, you invested £165 in an electric kettle (yes - there are some that cost that) then it would be reasonable to expect it work for at least four years, and you would be covered.

There's a critical word in that sentence: reasonable. It's how the courts often decide all sorts of matter involving consumer law and more. For now, however, if you remember nothing else, remember that when you buy something it's the shop that has to sort it out and not the manufacturer. For all facts on consumer law, you might be interested in joining Which?

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