Civil Advice to Consumers and Traders

Summary

 

Advice is available to consumers and traders regarding their civil rights and responsibilities. Where necessary, the Service can offer assistance in resolving disputes between parties where they involve goods and services.

 

Eligibility

 

This service is available to any Barnsley consumer or retailer.

 

Procedure

 

Enquiries can be made to Consumer Direct via telephone on 08454 040506 or direct to the Trading Standards Service via letter, email or by calling in person.

 

Helplines

 

Consumer Direct: 08454 040506 / www.consumerdirect.gov.uk

 

Charges/Fees

 

No charge by the Service, but it may be necessary for complainants to pay for independent expert reports where matters are in dispute. This can be claimed back later if the other party is at fault.

 

Opening Times/Locations

 

Consumer Direct available 08.00 - 18.30 Monday - Friday and 09.00 - 13.00 Saturday

 

How the customer can help

 

Please provide as much detail as possible, where necessary name and location of retailer, exact nature of enquiry, details of any discussions with other party. It may also be useful to retain any relevant records, invoices, receipts etc.

Keep all original documents and items in a safe place in case they are needed at some future point.

Provide details where customer can be contacted through the day.

Keep us informed of any developments, in particular where disputes have been resolved.

 

Application Form References

 

 

Leaflets

 

A variety of leaflets can be provided on request.

 

Distribution Points

 

Leaflets are available from our offices (please see opening times/locations)

 

Legislation

 

• Fair Trading Act 1973
• Enterprise Act 2002
• Consumer Transactions (Restrictions on Statements) Order 1976
• Business Adverts (Disclosure) Order 1977
• Unsolicited Goods and Services Act 1971
• Supply of Goods (Implied Terms) Act 1973
• Unfair Contract Terms Act 1977
• Unfair Terms in Consumer Contracts Regulations 1999
• Sale of Goods Act 1979 (as amended)
• Supply of Goods and Services Act 1982
• Consumer Protection (Cancellation of Contracts Concluded Away from Business Premises) Regulations 1987
• Package Travel Regulations 1992
• Consumer Protection (Distance Selling) Regulations 2000
• Sale and Supply of Goods to Consumers Regulations 2002

 

Response Times/Next Steps

 

All requests for service and complaints have a maximum response time of 3 days

 

Owner Officer Contact Details

 

Regulatory Services - 772468

 

Additional Notes

 

A national helpline, sponsored by the Department of Trade and Industry, called Consumer Direct was launched in August 2004. There is a single telephone number (lo-call) 08454 040506 available to consumers and businesses to obtain first-line advice. Where necessary, detailed cases needing further assistance will be referred back to the local Trading Standards Service, but customers will not be able to contact the Service directly by telephone for initial civil advice.

 

Frequently Asked Questions

 

Q: A Shop Has Sold Me Faulty Goods - What Are My Rights?

A: When buying from a shop the goods must:

• Correspond with their description.
• Be of satisfactory quality - this is what a reasonable person would regard as satisfactory. A new television should not blow up after a week, but a 10 year old car would not be expected to be in the same condition as a new one. This does not apply if the faults are pointed out to you prior to the sale.
• Be fit for their purpose. This includes any purpose for which you tell the seller you require the goods, for example paint for a boat.

If the goods fail to meet these Standards you are entitled to reject the goods and get a refund. You have a reasonable amount of time to do this after which you are deemed to have accepted the goods.

You also have the right to require the seller to repair or replace the goods within a reasonable time and without causing you significant inconvenience. If this would be impossible or disproportionate, e.g. the cost of repair would be more than you paid for the item, or the retailer does not repair or replace within a reasonable time, then you can require them to reduce the price of the goods by an appropriate amount or rescind the contract and claim an appropriate level of damages.

Q: What about services rather than goods?

A: When you purchase a service, such as having a car repaired or employing a builder to repair your roof, you are entitled to expect minimum standards. The service should be carried out:

• With reasonable care and skill
• Within a reasonable time
• For a reasonable price - this only applies where the price was not agreed beforehand.

If these requirements are not met, you may be able to sue the trader for compensation. Alternatively, the trader may be a member of a trade association or professional body to whom you could complain. They may have a Code of Practice that requires certain standards from them.

Q: What If The Goods Were Bought In A Sale?

A: If you have bought goods in a sale the same rights apply as if you bought faulty goods from a shop.

Q: What Rights Do I Have If I Buy Goods Privately?

A: Privately sold goods must be as described and also the seller should have the right to sell those goods. There is no requirement for the goods to be of satisfactory quality or fit for their purpose as with shop bought goods.

Q: Can I Get A Refund For A Faulty Present?

A: The law says the contract of sale is between the shop and purchaser - whoever bought your present. This means that this person should take the goods back. However, if you have proof of purchase such as a receipt, most shops would deal with you as if you were the purchaser.

Q: I Bought A Pair Of Shoes, But They Don't Go With My Clothes - Can I Get A Refund?

A: If there is no fault with the goods then you are not entitled to a refund.

Q: I Have Lost My Receipt - What Can I Do?

A: Under the Sale of Goods Act you require proof of purchase, and this is usually a receipt. There are however other methods such as a cheque stub or bank statement.

Q: The Shop Won,t Give Me A Refund, Only A Credit Note For My Faulty Goods.

A: If the shop bought goods fail to meet the required standard and it is within a reasonable time from the sale then you are entitled to a full refund. If you do accept a credit note you will not later be able to claim a refund.

Q: My New Washing Machine Has Been Repaired But It Is Still Faulty - What Can I Do?

A: Your rights are the same as with new shop bought goods - you may still reject them and ask for a refund. You should tell the shop you still reject the goods when you agree to have the goods repaired. The shop should be given a reasonable time to put the fault right. You could also insist on a replacement.

Q: The Shop Said I Must Take My Complaint Up With The Manufacturer

A: If you have bought faulty goods from a shop, your contract is with this shop and they should sort the problem out. Any manufacturers' guarantees or warranties are over and above your statutory rights which cannot be taken away by the seller.

Q: Are there any times when I will not be entitled to my money back or an exchange for the goods?

A: Yes:

• If you have held on to the goods for a long period of time, you may be deemed to have accepted them
• If you were told about the fault before you bought the goods
• If you did the damage yourself, either by ignoring advice about using the goods or through lack of reasonable care
• If there is nothing wrong with the goods and you have just changed your mind (some shops may be prepared to take the goods back as a gesture of customer goodwill)

Related Links:

• The Office of Fair Trading
• The Department of Trade and Industry
• Rip Off - Tip Off
• Energy Watch
• The Financial Ombudsman Service
• The Office of Gas and Electricity Markets
• Consumer Direct