Consumer Advice March 2010
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Is the warranty worth it?
When you buy a
new product, you'll often find a manufacturer's warranty
for one or two years included - depending on the product - and on
some goods, the company you buy from might also try to sell you an
extended warranty or breakdown cover. Three years cover at Argos
for a £500 laptop, for instance, will set you back around
£200. So should you bother? Under the Sale of Goods Act 1979
any product you buy should be as described, fit for purpose and of
satisfactory quality.
- 'As described' means that it should match any description of it - what the seller has said, what it says on the packaging on in a brochure.
- 'Fit for purpose' means the product should carry out the job it was made for and, in addition, any other specific purpose agreed with the seller - you might want a printer, for example, that works with your computer.
- 'Satisfactory quality' means the product shouldn't have any defects, is of good appearance and finish and is strong and safe.
If something's wrong with what you've bought, let the seller know as soon as you notice something's wrong. They might ask for the packaging but this isn't necessary, and they will probably want proof of purchase - a bank or credit card statement will do (or stick the receipt on the product so it's out of sight if possible). They might also try to get you to take your problem to the manufacturer. But the contract is with whoever you bought the product from. Even years down the line, it's the seller's responsibility.
The durability question can be tricky to work out - how long should a laptop or dishwasher work? There are a lot of trade associations or bodies who will be able to advise. And whatever it is, it's now been decided that if a product breaks down within the fist six months, it can't have conformed to the contract specification when you bought it so you have an automatic right to repair or replacement. After that time and up to six years after purchase, you have the right to a repair, replacement or refund, depending on the product. If the seller, manufacturer or credit-card company (if you paid by credit card) won't help, you will need to threaten the Small Claims Court to get your money back. Write a letter, mention your rights under the Sale of Goods Act and give the company 14 days to agree to your request or you'll take them to Small Claims. You should find you get a result quite quickly; otherwise it's up to a judge to decide.
- Small Claims cost between £30 and £120 depending how much you're claiming (up to £5000) and if you win you can claim this back from the retailer or manufacturer. Go to www.hmcourts-service.gov.uk to find out more.
This won't work...
- If you were aware of the defect before you bought it.
- If you bought it from a private buyer on a non-commercial basis - eBay for instance, you'll need to use its Resolution Centre if the seller won't help.
- If you were invited to carry out a thorough inspection of the product and fail to spot a defect, which the inspection should have revealed.
- You simply changed your mind or the item was not appropriate due to colour, size or style.
- If the item was dirty and the mark could be removed easily at home. This is not the same as damage and shops are not obliged to give you any discount.
Questions and answers
Payments were not stopped
Q. When I moved
my broadband service from Tiscali to BT, I thought BT would cancel
the arrangement with Tiscali but Tiscali kept taking the monthly
Direct Debit from my account. With so much going on in my life I
didn't notice until four years later. Tiscali says it was
providing the service so won't refund the money. Is this right
and can you help?
A This is surely a lesson to always check your bank statements! Tiscali was right but could have been more forgiving as you were going through a pretty terrible time. We asked Tiscali for help and it agreed to refund one year's payments, which you've accepted.
It's very confusing when you switch suppliers as the company you're moving to will often organise the whole transfer, but it's down to you to make sure the Direct Debit is cancelled. If you don't, the money will keep coming out of your account. You can stop the Direct Debit with your bank - even though the arrangement is made by the company - just let the company know. If it's a standing order arrangement, only you can stop it. And beware companies offering Recurring Payments (these used to be called Continuous Payment Authorities). Here you give the company your card details and permission to take money out whenever they need to. You can't cancel this arrangement, only the company can do that, so avoid them and ask if there's an alternative. Bells should start ringing if you're asked for your card number rather than bank account and sort code details when you set up a regular payment.
Block unwanted calls
Q: I had three
calls yesterday - two from someone trying to sell me something and
one silent call. What do you recommend I do about
them?
A Pushy sales calls are really intrusive and take up a lot of time - often because you can't get a word in! And silent calls can feel a bit sinister. So register your number with an opt-out company. The Telephone Preference Service (TPS) offers a free service - don't believe the scam where someone calls pretending to be from TPS, asking for money. Companies within the UK are legally required not to contact numbers registered with them; just go to www.mpsonline.org.uk to join up.
The Call Prevention Registry offers a more comprehensive service - it can follow up individual problems and deal with companies calling from abroad as well as in the UK. It does, however charge £35.75 a year - www.callpreventionregistry.co.uk. It offers the following advice on dealing with unwanted calls:
- If the caller's off on their sales spiel and you can't get a word in, simply hang up. They should get the message.
- Most silent calls are from automated diallers. These machines make more calls on behalf of companies than there are operators to deal with them, so when you pick up the phone, there's no-one there. It's very annoying and can feel threatening but usually it's not.
- If the caller thinks they've got a wrong number and asks for your name and number, don't give it to them as it may be a scam. Instead, ask them to clarify who they wanted to talk to and what number they were dialling. Don't leave further contact details on your answerphone message - like your mobile phone number - as it gives companies another way of contacting you.
- If you're interested in what the caller is selling, ask for the company details, name, address and phone number. They should be happy to provide them.
- If you have caller display, list the number of any troublesome callers - or dial 1471 and note date, time and details of the calls. Then report it to your telephone service provider or if it's more threatening, go to the police. If the number's witheld, report it to your phone provider who should be able to trace any further calls.
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