YOUR
CONSUMER QUERIES ANSWERED
Q: I bought a cordless vacuum broom and have called the company
on a number of occasions to let them know the item was unsuitable
and that I wished to return it.
They have to come to my house to collect it as part of their delivery
service. No one has called me back to arrange a time and every
time I call them they come up with excuses about problems with
my address etc. They won't refund my money until I give them the
item back.
A:This appears to be a Distance Selling contract and so there would
be a right to cancel the order within 7 days of completing the
contract so as long as the order was cancelled within this time
then the consumer has a right to claim a refund but the goods will
have to be returned first. A letter of complaint may help if it
is stated that the refund is being claimed under the Distance Selling
Regulations 2000. He/she should receive the refund within 30 days
of cancelling, if not he/she should contact Trading Standards.
Q: My son ordered a minidisc player online just
before Christmas.
The money was taken from my Switch account the next day. When I
phoned the company two weeks later, they told me that they do not
deliver outside of the UK mainland. I am still waiting for a refund
A: This
is covered by Distance Selling Regulations. Should receive
refund within 30 days of order being cancelled, if not he/she
should
do letter of complaint and contact Trading Standards.
Q: If you have bought clothes
and they do not suit, and you have retained the receipt, are
you entitled to a refund and not just
a credit note?
A:There
are no rights in this case, it depends on the shop’s
policy. The shop does not have to take back the goods at all.
Q: What is the
law during sales on the use of gift vouchers?
A: There
is no specific law but usually they cannot be exchanged for cash
and there may be terms
and
conditions printed on them
or on a notice in the shop – eg a time limit.
Q: I bought an electric scooter
for my son for Christmas. It cost £150.
When we tried to use it, it wouldn't work.
When I went to the shop, four other scooters were already sitting
there, and the owner said he was fixing them, and was not offering
any refunds. He has refused to give me a refund, but
has offered me a new one. However, because so many Scooters have
had problems, I just want
a refund.
A: This is not that straightforward as the answer will depend on
when the scooter was bought. If it was faulty and returned within
a reasonable period of time (approx 3 weeks) then she should be
entitled to get a refund.
Q: My daughter bought me a make-over voucher in Christmas 2002. I
have tried 6 - 7 times to arrange an appointment, but the lady
always says she will contact me, and then fails to do so.
Would I be entitled to a refund at this stage? The voucher cost £40.
A: This
could be considered as a contract for a service and so the service
should be provided within a reasonable period of time.
She should write a letter of complaint stating that she is making
time of the essence and that if she has not been contacted by a
specfic date (about 10 days from the date of the letter) that
she will consider her to be in breach of contract and so will be
claiming a refund. She may need to get the person who bought the
voucher to write the letter.
Q: I was given
a jumper from - it didn't fit. I went to exchange it and I had
the receipt with me. They won't give me a credit note.
They said that I had to choose something else there and then
or come back with the jumper again when they had more stock in
to choose from. There are only 10 days left for me to return
this item.
A: Again
there are no legal rights in this case. She is depending on the
goodwill policy of the shop.
Q: If you return an item to
a clothes shop which didn't fit, are they entitled to refuse
to
give you
your money back? What happens
if they don’t have a more suitable size available?
A: Again there are no legal rights in this case. She is depending
on the goodwill policy of the shop.
Q: My
mother bought a jumper as a present. It didn't fit, she paid £30
for it. It was now in the sale and they could only give her a credit
note for about £19. She had the receipt with her. I don’t
think this is fair.
A: Again there are no legal rights in this case. She is depending
on the goodwill policy of the shop.
Telephone numbers for...
Association of Independent
Advice Centres
Tel: 028 9064 5919
Trading Standards - Tel: 028
9025 3900
Consumerline Tel: 0845 600
62 62
General
Consumer Council Tel: 028 9067 248
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