Problem with the fitting of a carpet

Question: Can you explain my rights against a carpet store that I’m in dispute with?

We had a new carpet fitted in our through lounge and dining room. The carpet has been joined between the lounge and dining room and it looks awful. The fitters have explained that this has to be done because the rooms are so large and they would not be able to get a piece of carpet that big. They told me that the previous carpet we had down was also joined in the same place.

This may be the case but the original carpet was joined so well that I hadn’t even realised it was joined. The new carpet is joined so badly that at one end of the room I can place my finger in the gap. The manager of the carpet store is coming out to see me next week.

Answer: When you pay for a service such as carpet fitting the law states that the job should be done with reasonable care and skill. From what you say it sounds as if the carpet store’s fitters have fallen below that standard with the fitting of your carpet.

The store will now have to put the job right and at no extra charge. It may well be that the only way of doing this is to replace one piece of the carpet and make sure the join does not show. It is a shame for the carpet store that they will have to pay out for more carpet but if they have failed to do the job properly they are liable for putting it right.

Goods 'out of warranty'

Question: bought a very expensive top of the range television last year. Last weekend we were watching the TV when it suddenly blew.  I went to the shop where I purchased it the next morning only to be told that as the TV was more than a year old and I didn’t buy an extended warranty they couldn’t help me. The manager mentioned that they had had several identical complaints about the same model and it seems there is a manufacturing defect – she suggested I speak to the manufacturers. They say the TV could be repaired but as my guarantee has expired I will have to pay a hefty repair bill. I feel like piggy in the middle and don’t know which way to turn.

Answer: First of all I should make it clear that you don’t have to buy an extended warranty in order to make a claim for faulty goods – despite the impression that some shops give. Whenever you buy goods you have statutory rights. These rights are against the shop rather than the manufacturer and they do not disappear after a year. Any goods you buy must be of a satisfactory quality and this includes lasting for a reasonable length of time.  It sounds as if your television has a fault, which means it has not lasted as long as we would reasonably expect. Under these circumstances you should ask the shop for a free repair.

Tips

There are some benefits to buying extended warranties (some offer cover for accidental damage for example) but think carefully before you buy one;

• Ask to see the terms and conditions of the warranty and read the small print – there might be so many exclusions that the warranty isn’t worth it
• Consider the cost of a warranty – sometimes they can cost almost as much as the product – it might be cheaper to pay for any repairs that you need or even to replace the product.
• Shop around – even if you decide to get a warranty it might be cheaper to but it elsewhere rather than from the shop.
• Shop assistants are often on commission to sell warranties – don’t be bullied into making a rash decision if you receive the hard sell.
• When shopping for products it’s always a good idea to do some research. By checking surveys in publications like the Which magazine at the reference library you can try to buy more reliable products that are less likely to break down in the first place.
• Remember that you have rights for faulty goods even after your manufacturers guarantee has expired – don’t be fobbed off into thinking you will be unprotected without an extended warranty.

Lottery scam

Question: I’ve received a phone call saying that I’m a winner of the Canadian lottery. I’ve won a substantial amount of money but I need to pay the gambling tax first. I’ve heard about scams involving foreign lotteries but it all sounds above board (it’s overseen by the government apparently) and I really could do with the money! What should I do?

Answer: My advice is simple – do not send any money! I’m sorry to say that this is yet another scam and it’s currently being investigated by the Office of Fair Trading. This kind of scam is operated by cunning and manipulative fraudsters, well experienced in the ‘art’ of making their scam sound genuine.  Don’t be taken in by schemes that sound official or government backed or by paperwork that looks impressive – there is one simple rule to follow;

Any prize or award that involves you paying up front or buying goods in order to qualify will be a con.

I know the thought of winning a large amount of money is enticing but the scam is designed that way to put you off your guard. Unfortunately these scams often target people who really need the money – but remember that also means you can least afford to be ripped off!

Refused refund

Question: I’ve been refused a refund by a clothes shop in town. I bought some trousers a couple of weeks ago. The changing rooms were packed so I didn’t try them on. They didn’t fit so I took them back for a refund. The shop refused saying they would only refund if they were faulty. They’ve offered me an exchange or a credit note but I just want my money back. I often get refunds from other shops for clothes that don’t fit. Surely I have statutory rights – can I have a refund?

Answer: I’m afraid you’re not entitled to a refund. We have statutory rights whenever we buy something from a shop – but they cover matters such as faulty goods not unwanted items. Many shops are happy to refund unwanted purchases but they do this out of goodwill. The downside of this is that most consumers now think it’s one of their statutory rights. In fact the shop is doing more than it has to by offering you a credit note – they could refuse to take the trousers back at all. I suggest you take the credit note and hopefully you can find something else in the shop.

Tips

• Shops don’t have to exchange or refund items unless they’re either faulty or misdescribed.
• If you have any doubts about something you’re buying you must check the shops returns policy before you buy.
• Many shops will have a sign that tells you what their policy is but they don’t have to.  If you can’t see a sign ask the shop assistant about the policy.
• A sign in a shop that states ‘No Refunds’ could be illegal as it gives the impression the shop won’t refund even faulty items. If you see a sign like this in Swindon let us know.

Any shop that does give refunds will want to see your receipt so make sure you keep it.

A change of mind over double glazing

Question: I think I may have got in to something that I can't get out of with a double-glazing firm. I noticed them replacing some windows for a neighbour of mine. When one of the men knocked on my door a couple of days ago saying he had noticed my windows were looking a bit worse for wear I let him in. He was offering a very good price - a special offer that I could only get if I signed up on the day. So I signed up to have my windows done and paid half up-front with a cheque. As soon as the salesman had left my house I realised I had done a foolish thing. My wife is furious as she says we cannot afford it. She telephoned the company and cancelled the windows but the company will not let us have our deposit back. What can I do?

Answer: The first thing you will need to do is check your paperwork. Because you agreed to have your windows done after an un-solicited visit from a salesman you should have a right to a seven-day cooling off period. This means that you can cancel the job within seven days of signing up and get back any money that you have paid – as long as the work hasn’t been started.

The firm should have notified you in writing of these rights and explained how to go about cancelling. Send off your cancellation straight away, through the recorded delivery system and keep a copy for your records.

If the firm has not given you notice of your right to cancel the contract may be unenforceable against you. Furthermore the firm may well have committed a criminal offence - you should send the documentation to us at the Safer Swindon Shop and we will pass it to our colleagues at Swindon Trading Standards.

Tips

Should a doorstop seller approach you in the future you should consider the following;

• Remember doorstop sellers are highly persuasive and will always expect to make a sale - do not be pushed into making a hasty decision, a good deal will always be available tomorrow.
• Ask yourself if you really need the item - and can you really afford it?
• You should always shop around to ensure that the seller is offering the best goods or services for you at the best price.
• Check whether you have cooling off rights - if the salesman is uninvited and the items cost more than £35 you should have seven days.
• Read the contract thoroughly (including the small print) in order to ensure that all matters discussed are included and that there are no hidden terms that you have not discussed.
• Get the details of the name address and telephone number of the seller and check that the details are correct. If something goes wrong you will need to be able to contact them.
• Remember, if it sounds too good to be true it probably is!

Returning earrings

Question: My mother purchased a pair of earrings for my birthday from a store in Swindon. I wore them on my birthday and but the stone fell out half way through the evening. My mother took them back to the shop with the receipt but the sales assistant refused to give her another pair pointing to sign on the wall stating ‘No refunds or exchanges on earrings’. Surely this is unfair?

Answer: From your letter it appears that the shop is wrong and your mother should have been given a refund or exchange. The Sale of Goods Act gives her the right to a refund if an item she has purchased is faulty and she complains within a reasonable time.

It is quite acceptable for a shop to state that she couldn’t return goods if for example you simply didn’t like them - but no shop can take away a consumer’s right to a refund for faulty goods.  Speak to the manager and press for the refund your mother is entitled to. If you encounter further problems speak to a consumer advisor at the Safer Swindon Shop in Havelock Street or call us on 01793 525387.

It sounds as if the shop might also have committed an offence by displaying a sign that attempts to restrict consumer rights. Officers from the Trading Standards Section will investigate this matter and ensure the sign is removed.

Tips

• The Sale of Goods Act 1979 (as amended) gives consumers rights when they have purchased faulty or misdescribed goods
• Depending how quickly a complaint is made the consumer will be entitled to a refund, repair or perhaps a replacement.
• Consumers do not have a right to a refund or exchange unless the goods are faulty or misdescribed – shops don’t have to refund or exchange items that are unwanted gifts or clothes that done fit for example.
• A shop can refuse to do anything without proof of purchase – the best form of proof of purchase is a receipt so make sure you keep it.

It is a criminal offence for a shop to display a sign that attempts to restrict consumer rights such as ‘no refunds’ or ‘sold as seen’.

Returning goods within 28 days

Question: Am I right in thinking consumers have the right to return unwanted purchases within 28 days? I bought some computer memory a couple of weeks ago. Luckily I didn’t have time to fit it straight away as one of my friends then mentioned he could get it a lot cheaper. I bought the cheaper memory and then went to get a refund. I took it to the shop as good as new – I hadn’t even opened the packaging – and with the receipt. The shop refused to take the memory back saying they don’t have to refund unless the goods are faulty.

Answer: The shop is correct when it says you don’t have to give you a refund on the memory. Many shops offer refunds for unwanted purchases, and most of these limit this to 28 days. As it’s a good will gesture, there is no obligation for shops to do this. The fact that so many shops allow returns is great news for consumers but it does cause one problem – many consumers now believe it’s a legal right and take it for granted they can change their minds.

Tips

• Always ask about the shops refund policy before you buy.
• Always keep your receipt – most shops will ask for this if you are returning unwanted purchases.
• Any shop that offers a refunds policy out of goodwill must stick to it.
• We do not have a system of price fixing in the UK – shops can charge as much as they like so always shop around and get the best price before you decide to buy.

Remember that if you complain within a reasonable time you are entitled to a refund for faulty or misdescribed goods.

Building problems five years on

Question: Five years ago we employed a builder to do the foundations and a small wall for a new conservatory. Another company put up our conservatory and we were delighted with it. However during this summer we started to notice that the wall is cracking in several places, the cracks are small but we are worried that it will get worse if we don’t act quickly. The conservatory company say it is the builder’s fault, I have called him but he doesn’t seem interested. What can we do?

Answer: You have two separate contracts here, one with your builder and one with the company who erected the conservatory. The builder was responsible for carrying out his work with reasonable care and skill. If you can prove that his work was defective you can hold him in breach of contract and he should rectify the work within a reasonable time.  You should write to the builder by Recorded Delivery and invite him to return and inspect the wall and to rectify any defects within a reasonable time scale. If he disagrees with your claims you may need get an independent inspection and at this stage you can contact our Consumer Advice Service for advice on how to go about this.

Tips

• When choosing a builder shop around and get several traders to quote.
• Ask the trader how he deals with complaints and what guarantee he provides in case things go wrong
• Find out if the guarantee is backed by a third party, a 30-year guarantee may be no use if the trader has ceased trading.

Supplier gone into liquidation

Question: I’ve been left in the lurch after I paid a large deposit for a new porch roof. The men arrived to do the job but after a couple of hours they received a phone call and left saying the company had gone bust. I’ve now received a letter stating that the company has gone into liquidation. I ‘phoned the company on the number I had but they claim to be a new company and say they’re not liable to finish my roof.

Answer: I’m afraid this is a common story. It sounds as if you were dealing with a limited company (it would have had Limited, Ltd or plc in the name). Under company law if a company goes into liquidation customers very often lose out. You will be an ‘unsecured creditor’. When any assets left are shared out you will be at the back of the queue and might receive nothing. The people that owned the company will not be personally liable. They can set up a new company - but they won’t have to finish your roof. If the company belonged to a trade association check to see whether your deposit was protected.

Tips

• When having work done look for a company that offers a deposit guarantee scheme – often run by a trade association.
• If you have to pay a large deposit, pay on a credit card.  If the work is left unfinished or shoddy you can claim against the credit card company.  

Always look for an insurance backed guarantee when having work done.  If there is a problem after the work is completed and the company has ceased trading you will still be protected.

Business question: refund, repair or replacement

Question: I was wondering if you are prepared to give advice to businesses or if you only help customers?

I own a mobile phone shop.  A customer has recently complained that the mobile she bought a few months ago has become faulty – the screen has started to fade. I agree the phone is faulty but the problem is that she is demanding a refund. My supplier won’t give me a refund and I can’t afford to lose the money out of my own pocket.  I’ve offered to get the phone repaired and offered a loan phone in the mean time. She still insists on a refund.  

Answer: Firstly, we are more than happy to give advice to Swindon businesses. A very important role of the Trading Standards Section is to work with businesses and help them to get it right in the first place.  Our advice is free and impartial.

To answer your specific question, from what you have told us you do not have to offer your customer a refund. Customers wishing to reject faulty goods and ask for a refund have a fairly short period of time to complain. There is no set deadline as each case is different.  As you sold the phone a few months ago and the customer has only just complained it will almost certainly be too late for her to demand a refund.

Your customer will be entitled to a repair or a replacement phone.  As you offered to lend her a phone while hers is being repaired she will not be significantly inconvenienced by the repair.  Therefore I would advise that your offer of a repair is reasonable.

Shopping from home

Question: I bought a bedroom vanity table from a catalogue company, it looked good in the photograph and I thought it would match my other bedroom furniture.  When it was delivered the design didn’t really go with the room. Can I ask for my money back or do I have to accept it now?

Answer: Consumers are given extra protection when shopping from home. This can be shopping via the Internet, TV or telephone, from a catalogue or magazine advertisement.   Under the Distance Selling Regulations consumers must be given a seven day cooling off period. Send a letter to the company explaining that you have a right to cancel and want a refund.

Tips

• ·The cooling off rights apply to most goods and services you can buy at a distance but there are some exceptions.

You don’t have the right to cancel:

• If you bought from a shop rather than from home.
• If you buy perishables (like food and fresh flowers), or newspapers or magazines.
• If you’ve opened previously sealed video or audiotapes or computer software.
• If you buy at an auction, or in any land or property sale contracts.  
• Advance booking of accommodation, transport, catering or leisure services (such as train tickets or hotel bookings).
• If you buy betting or lottery services.
• If you’ve bought a service you cannot cancel it once it has started.
• If you want to cancel you must do so in writing – a telephone call is not good enough.

Check with us if you’re unsure.

Condition of delivered goods

Question: I had a bathroom suite delivered a couple of weeks ago.  I was in a hurry to get to work when it arrived as the deliveryman was late.  He put the suite in my garage and I signed the delivery note.  

Last week when a local fitter came to fit the bathroom he noticed a hairline crack in the bath. When I ‘phoned the store and the manager said that a replacement could be ordered but I would have to pay for it. The manager pointed to the delivery note I had signed which stated that the goods were in good condition. He said the bath had obviously been damaged whilst it was stored in my garage.  

I didn’t read the delivery note because I was in such a hurry and I know the bath wasn’t damaged in my garage – it was left untouched until it was fitted.

Answer: You have a good argument for getting a replacement bath free of charge.

The law is very clear that you cannot sign your rights away by signing a delivery note – you have a reasonable opportunity to examine purchases. You have a right to complain about faulty goods even if you signed something to say they were OK when they were delivered.

What is more, under a new consumer law, if you are asking for a replacement for faulty goods in the first six months the law presumes that they were faulty at manufacture. If the shop is claiming you damaged the bath they will have to prove this. It’s not up to you to prove the bath was faulty.

Shoddy work

Question: I’m having my driveway re-laid and it’s a nightmare. I won’t deal with cowboys so I found a firm that always advertises in the local papers and directories. They offered a good price so I paid them half upfront and they got started straight away.

There are several problems. They haven’t put enough hardcore down and there’s no drainage. They are now laying the block paving and it looks very shoddy. What can I do?  

Answer: You need to tell the firm to stop work immediately. Give them a written list of the faults and give them two weeks to rectify them. State that if the work hasn’t been brought up to a reasonable standard you will get another firm in to put the job right. Back this up with a recorded delivery letter and keep a copy.

You can use the balance you owe them to pay the other firm to rectify their work but it may cost more than that. In this case you will need to consider whether it’s worth suing them for the return of the 50% you’ve already paid. If they disagree with your claims that the work is substandard you may need to get an independent report. At this stage it gets a little complicated so you will need to come to us for free advice.

Tips

• Use a workman recommended by friends or family, or look for a firm that has the Quality Mark or a member of a trade association
• Always get three or four detailed written quotations
• Never pay up front – you may lose your money

Photo-processing problem

Question: I have just received what were supposed to be the photos from our family holiday in Greece. Inside the envelope there was a note saying my film had been damaged during the processing. Only three photographs were there. The developing company enclosed a free film and a vouchers for free processing.

When I phoned customer services they were not at all sorry. They quoted some terms and conditions at me that basically said they only had to give me a free film and refund the processing fee if something went wrong. I don’t think this is good enough. What can I do?

Answer: You may well have a claim for compensation against the processing company.  Previous court cases have decided that contract terms denying liability for negligence are unfair and therefore should be ignored.

In one case a man received £75 compensation when photos of a friends wedding were lost.  A recent case this year was settled out of court. It is believed that the family involved received enough compensation for them to be able to retake their holiday in the United States and retake their photographs.

There is no guarantee that you would get the cost of your holiday refunded if you took the processing company but it is possible you would be entitled to more compensation than you have been offered.

Dry cleaner problem

Question: I’m having problems with a dry-cleaners that ruined my best dress. I had the dress dry cleaned after last New Years Eve but wanted it freshened up – it was not stained. When I went to collect the dress the drycleaner pointed to a stain and told me she couldn’t get it out. I argued that the dress wasn’t stained when I took it in but she refused to budge. What are my rights?

Answer: The law states that dry cleaners have to take reasonable care and skill when dry-cleaning a garment. If they have been negligent and damaged your dress they will have to compensate you. This compensation would be something towards the cost of a replacement dress – but not necessarily the full cost as the dress was not brand new.

The difficulty you face is proving that the stain on your dress was caused by the dry cleaner rather than existing before you took it in for dry cleaning. One solution may be to send the dress for independent testing. Hopefully they will be able to decide what caused the stain and whether or not the dry cleaners are at fault.  

Tips

• You are never guaranteed results when you go to the dry cleaners. There are some stains that even the best dry cleaners would be unable to remove.
• However if a dry-cleaner has been negligent they will have to correct the fault or, if this impossible, compensate you.
• Remember to check your garment in the shop so that you can try to resolve any problems straight away.
• Many dry cleaners belong to trade associations who will investigate complaints and there are also independent experts who will examine garments for a fee – contact us for details.