Traders Are DENYING Your Rights!

"Sold as Seen". "No Returns". "Buyer Beware". "No Warranty". "Trade Sale". "No refunds or exchanges". Are these phrases legally enforceable? What are your consumer rights for a second-hand car sale? What about a NEW Car sale? Many traders mislead consumers regarding their consumer rights under the Consumer Rights Act 2015 and Consumer Contracts Regulations 2013.
Rogers v Parish [1987] QB 933
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[@fianorian]

The titbit about the reject period going on hold if a repair is offered is a very useful bit of information.

[@Mr-J...]

Back in 2012, I bought a used car that had full electrical failure the day after I brought it home. Investigation found the fuse box full of water. Agreed to the dealer to attempt repair, and the vehicle ran for 1 week before same failure. Garage opened it up and found the fuse box again full of water. There had been a torrential downpour, so clearly there was an issue with water finding its way into the fuse box. Dealer tried to claim that I should not have drove the car in the rain. (Following legal advice) I rejected the car as not fit for purpose. It took 8 months to finally get my refund and that included having to fight the credit card company who were refusing my claim too. I knew I would only get £5k of my money back, but thankfully the credit card company caved when I filed the small claim. They paid everything, including transportation costs and some minor compensation (£12k back in total). I never found out if the dealer got chased or not by the credit card company or they just wrote it off. I like to think he got totally screwed by them - he deserved it. So, even when you are 100% black and white within your rights, people will still fight you, because they think you will get duped or tired of the situation and drop it.

[@mrdg123]

Hi. How did part paying with a credit card help getting a refund? I've just bought a car, after a few days realised the parking sensors don't work, the car shudders when cold starting, it's dripping oil all over the drive, and now the bonnet won't open. The car dealer has asked me to take it to his auto electrician to sort the sensors and back to the mechanics that did the "sales service" to check and repair the leak. Hope I'm not expected to pay for these repairs.

[@Mr-J...]

@mrdg123 part paying on the credit card, over £100, places the cc company under a legal obligation under section 75 of the consumer credit act. Consumer law is stronger than in 2012, with more direct legal rights. Section 75 claim took months to resolve. The more recent your purchase, the more options you have, with key milestones being at 14-days, 30-days and 6-months, after that there are still options but the onus of proof falls to the buyer and the remedies are more limited. Note, clock starts from the point you notified the garage of issues. Not from any subsequent event. My son recently rejected his car due to problems notified after a couple of days after picking it up. Garage dragged it out with failed repair attempts for over a month, but then took it back (after a couple of strongly worded letters highlighting the law) under right to reject based on the original notice of not as advertised and not fit for purpose.

[@lukedutton6974]

i bought a used car recently and there was a fault and they said they were not going to do anything about it. i am thinking about taking them to court.

[@BlackBeltBarrister]

I hope the video was useful! I have a few others that might be useful in my video library

[@nickhirst999]

@@BlackBeltBarrister Have you noticed all the replies on here from a channel called "WhatsApp me" Which is using your photo. Something tells me it's not really you! kzbin.info/door/x_SZHxNY8-Fx--pjWR7EOA

[@lukeorgan9605]

Very useful. Having an issue currently with a car dealer that I know is going to be a pain and there have been a few bits I’ve taken notes on. Thanks.

[@Idlepit2]

Rights are rights they're enshrined in law and can not be waivered by any party including myself

[@stevegee8010]

Pick a bunch of Buy it Now eBay listings and most of them will have some of the nonsense you mentioned within the listing, right down to No Refunds.

[@williamoates1754]

Yesterday I had to take to task the local shop representing a large organisation. Their display of alchoholic beverages had prices on only a few items, 99% had no price dispalyed at all. I had to remind them that if a retail object is on display, and for sale, then a price must also be displayed, or it is considered as UnfairTrading. ( antiques are excluded) A relative of mine once took offence against a caterer who was charging over the odds for her childrens soft drinks when the price was displayed on the label. They looked up the regulations online under threat of action, and fortunately reconsidered their position. Keep up the good work..

[@malcolmsymon2139]

'Right to return' starts at date of delivery, not date of purchase.

[@martincassels7995]

It was advised on the MOT and if the trader did not agree to fix them then it’s your problem and you should’ve done that when you got it. It’s the brakes after all and it’s now 5 months on.

[@abdigitaluk_photography]

I purchased a second hand car from a dodgy garage years ago. When I started the engine up the car was vibrating and the sales person stated it was just cold started and being a diesel will vibrate till it warms up. Got it home 45 mins later and still shaking. When I took it to another garage they said the dual mass flywheel was broken and needed replacing at a cost of £800. The garage refused to take liability stating it was sold as seen. Wish I'd seen this video sooner!!!!

[@EnglishDrifts69GTxRED]

Thats your own fault because you didnt test drive the car. Diesels vibrate more anyway. I had the same issue with the flywheel on my diesel and I was quoted 1100 for it

[@davidspear9790]

@@EnglishDrifts69GTxRED Whilst it's certainly advisable to test drive a vehicle before purchasing, I'm not sure it's necessary in the eyes of the law.

[@EnglishDrifts69GTxRED]

@@davidspear9790 its not but it helps to see if you want the car

[@abdigitaluk_photography]

@@EnglishDrifts69GTxRED how is it my own fault? I know nothing about cars. A lot of people EXPECT not to be lied to when buying from a company

[@EnglishDrifts69GTxRED]

@@abdigitaluk_photography i agree but I mean when buying a car its best to test drive or have a mechanic give the car a once over

[@RCEASTMIDLANDS]

This was very interesting. My employer has actually used some of these phrases at work on paperwork when selling old stock. Very informative.

[@Flakmagnet1701]

so many ways to try and dodge responsibility! I have had this sort of thing a few times buying used motorcycles. Either that or 'we are selling it on behalf of a guy who works here.....its not ours' ... despite it being sat on their showroom floor with one of their price tickets on it. That kind of tactic is a 'walk away' signal for me anyway. If I wanted to take a punt on a vehicle with minimal comebck, I'll go to an auction!

[@p24hrsmith]

It annoys me that car dealers have been doing this for years yet the government have done nothing to stop it. AUCTIONS I believe the rules are different when you buy via an auction as I think your consumer rights are greatly reduced and as many buy off eBay people need to know this

[@barrieforte2588]

Quite often in the piano industry, you'll get dealers who tell the customer it only needs to be tuned in six months or a year as we tuned it before it goes out. Children complain that the piano doesn't sound like the piano teachers. So the piano tuner comes along and tells them it cannot be tuned because **tuning pins are too loose **or it won't come up to concert pitch. but six months have passed. ** can be fixed but the cost is more expensive in many cases than a brand-new piano at entry level

[@cooldad4]

You try telling that to Argos; once opened they don't want it back! I was told once opened, they cannot resell it..

[@cyankirkpatrick5194]

And car lots selling flooded salvaged car's from out of state like from Florida to Alabama and then charging high prices for them knowing the damaged car's.

[@tripled8807]

What he's missed, but very relevant, is that you rights diminish if you buy an older and higher mileage car. IE, if you buy a 10 year old car with 120k, you're more likely to experience a fault than a 1 year old car with 10k. If it wasn’t, there'd be no point buying a young, low mileage car as according to this description your rights to reject are identical. The law is more nuanced than this-hence why a judge inevitably decides. But no matter what the mileage, or the cars age, if the fault was present at collection, the law is on the consumers side

[@highmyope-ps2by]

Some of the worst offenders are charity shops, most of which are also happy to sell counterfeit goods as "copies". It's no use telling the managers and those responsible for the trading companies. They just go on doing it.

[@fenceup07944931177]

I once saw a power tool described as for "DIY use only" surely a tool should be able to perform the task it was intended to do.

[@gardenrose264]

Finally, clarity. Thank you very much Daniel for this info. Keep us informed with other stuff. We prolls need to keep ourselves informed. .... 👍

[@iforwilliams2509]

I saw a roadwothy car being sold, without warranty and it was noted on the invoice "sold as scrap"

[@paulnutter1713]

unless its an internet provider, they can advertise a certain download speed but once installed only provide a quarter of that, refuse to do anything about it apart from instructing you to rectify it yourself.

[@an1_uk]

What about a car trader putting "The vehicle specification displayed may not be exact for this vehicle. Please contact us to confirm the precise specifications." on a listing? And the listing says 18" alloy wheels, but actually comes with 17"?

[@ukeleleEric]

They have covered themselves - quite often what they put on their information is just stuff copied from a website or manufacturer's document. There are several reasons why this may not be exactly right. BUT, I would say that certain items are easily checkable (like the size of wheels). So, unless the listing is for more than one vehicle, the onus is on them not to give information unless they can reasonably expect it to be correct.

[@madaknevarski6478]

i never knew about 'waiting time' . I've been done in the past, darn it

[@martinbradley7024]

Bought a car from car giant and I think it might potentially have a problem with the DPF, I noticed the DPF light was on the previous week and pointed this out to them, they said that they will inform the service centre, I bought the car a week later as it showed no problems, they don’t provide a free warranty, but you can purchase a warranty, can anything be done.

[@gazzaman28]

I bought a nearly 5 yr old car 4 weeks ago from Liverpool (I live in Glasgow), and 1 week ago whilst away visiting family in Coventry it totally failed on me, it wouldn't drive. My breakdown company would only recover it to a local garage, so it's currently at a main dealer, who have subsequently told me that it wasn't serviced correctly and is therefore not under manufacturer's warranty (5yr for the whole car, 8yr for the battery - it's an EV). I've told the garage I bought it from that unless it can be fixed and I get a confirmed manufacturer warranty then I'm rejecting it and want a full refund, they acknowledged my request as within 30 days and I'm now expecting formal correspondence from them in the next couple of days. My only worry is that the vehicle is 100 miles away from the seller's garage. Are they responsible for recovering it or am I responsible for getting it back to them? There is also a cost the dealer will charge for looking at it, seeing as it's not covered by their warranty, so again, who is responsible for this?

[@TanjoGalbi]

I don't know if this has been changed in recent years but the consumer laws also state that electric/electronic goods must be sold with the minimum accessories for the device to function. How many times have you bought an electronic device that is chargeable and it's not come with a charger, only the cable? Many products are now selling rechargeable devices without a power supply to charge them and getting away with it by using a loophole where they half charge the device. Now they can claim the device is usable even though this may only be for a few hours! One time I bought a photography light tent, a white foldable box with a row of white LED lights at the top front which does not use batteries to function, it only came with a USB cable but no power supply so I contacted Amazon and told them the issue and how it goes against the law as the product can not function as described without a power supply. Amazon refunded the cost of the tent and allowed me to keep it!

[@Eastsussexbiker]

I bought a motorbike from a dealer. I contacted them via their EBay site and spoke direct to offer a price. We agreed on a price. I never went to view the bike due to the distance. 3 items were corrected on service before I had bike delivered. On delivery bike wouldn’t start so replacement battery sent to me. On my first ride out bike hesitated to start ! It did start and got it home. 2nd ride all started fine. Alarm faulty dealer agreed to fund repair. On the day I was going to a local dealer to sort alarm issue, bike failed to start. New starter supplied by dealer I fitted to save them labour costs. It turned out the starter didn’t cure the issue. Bike needed £1000 worth of work to cure starting issue. The offered to fix and bike was returned at their cost to their workshop 250 miles away. They have a independent BMW repairer they took it to. I bought bike on 19 Dec 2022. My 3 month warranty runs out on March 19th they have agreed to honour all repairs without quibble. How do I stand to reject the bike I rode it 3 times and covered approx 75 miles.

[@getsiegreen1066]

thank you ive had mine only a few days hes in the offering to repair stage

[@seaclouds]

I bought a used car and the gearbox failed after 31 days and just 308 miles. The dealer agreed to repair it if I shipped it back to him which cost me £500. Two months later he said it was fixed and ready for collection. I picked it up then three days later the gearbox failed again. The dealer is ignoring me. The vehicle is from 2013 with 92k on the clock and cost me £11k. It was advertised as a superb example in excellent condition. A mechanic has done me a report proving the gearbox is faulty. I have no way of proving that the gearbox was faulty when I bought it. Do I have a right to reject?

[@MadScientistCinema]

Always love your shows, and have now added “Total Tosh” to my mental vocabulary!! 😊

[@johnwheeler1629]

What annoys me is, if I stole something from them I would get arrested. But if they cheated me or they broke consumer law them they would not. Rich man's law applies.

[@davidlewis2377]

Purchased a Bluetooth keyboard and mouse from Curry's used it for a month and Bluetooth developed a fault. took it back to one of their outlets in another store where they refused to honour the guaranty without a code, i asked them were i can get this code and they could not tell me. i then stated that you're refusing to honour your guaranty and no comment was made but they still insisted on the code. i then told them that this is your policy but it does not trump the law, they did not care two ticks. so the law may be on our side but to have it enforced will cost more that the value of the goods, so what is it's use is to us.

[@sigilsun]

Not after "legal advice" per se but some advice for a particular situation would be appreciated. I bought a car in April (just under 5 months ago) and the car had it's MOT in March this year (advisory on brake discs) and when sold a service done by the dealer adv that they had a weld repair done to fix an oil leak and service was done a week before we bought it (when they listed the car). We had the brakes going crunch last week and had to pay £920 for brake pads and calipers (front and back) and front brake pistons (discovered after the garage agreed a cheaper repair for the first lot of work only). Though we had a different car we had over 2 years of use before we had to replace the brake pads on the last car and wonder where we stand with this in context of this video as this has been a pricey payout for us (since not aware of this got it fixed last week).

[@oddball7483]

Warning, an M.O.T. is only valid at the time of inspection. Go down the road and stopped by the career enhancement police (revenue Collector's) who find a fault with your car. Stating you have a valid M.O.T. is no defence. I have been exploited this way due to my naivety and deprived of my hard earned income to support my family. Insult to injury we all pay them for their privilege (fast becoming an entitlement).

[@EnglishDrifts69GTxRED]

You are liable. As said the MOT is only valid at time of inspection. Brakes are classed as wear and tear items. And if it was something not under wear and tear then you have warranty for such a thing providing you have warranty. If its sold as seen then the car could break on day 1 and you will still be liable. I purchased my car just over 2yrs ago sold as seen and ive spent 3500-4000 on repairs total and only paid 1100 for the car 😂😂 it is what it is

[@Number6_]

@@oddball7483 the more you know about cars the better your rights. As a former bmw tech and driving a bmw I have never been pulled or questioned about the condition of my car. As with anything like law etc... the more you know the less people will chance you.

[@Baiswith]

stg, every time you bump the table/mic I think it's someone knocking on my door 😮‍💨

[@williamevans9426]

A quick question, if I may. Do the CRA and CCR apply to auction sales (e.g., of motor vehicles)? I am aware that, in some ways, auctions differ in law from retail outlets.

[@cyankirkpatrick5194]

What about as is in warranties, I'm just sick of people getting stiffed when it comes to buying things like cars etc.

[@cancagis9024]

I brought a car today and 30 min into driving off I got 3 lights on the dash, electrical problems tire sensor problems light problems, I brought it of a dealership and non of these problems was there. What can I do in my situation? -UK

[@redpill3145]

How come car auctions get away with it , even if the have a good report , there be be faults with no comeback on the auction house

[@drumcdoo9050]

Great video, one of your best. Question 1. Bought used drive on lawnmower for 2k from dealer. Battery was flat next day and needed replacing. Bought it sold as seen. Should dealer have paid for new battery? Question 2. Clothes bought in sale often have sign saying state "no return". Is this legal or does consumer have same rights of purchase as clothes not in sale?

[@presstodelete1165]

One of them is stamped onto our money, although in Latin.

[@boombox5063]

thank you i have a feeling when i go to my mechanic to have this car looked over hel say the diffs nackerd, hopfully the dealers offer to fix it if i bring the paper work quote to them

[@tripled8807]

Good day. Im a car dealer. If im selling a high mileage, older car and want to sell the car away from the consumer rights act 2015 as its an old banger, i sell it clearly as "spares or repairs " "scrap" This allows me to circumnavigate this. legislation

[@TheOfficejobman]

Brilliantly explained. Thank you

[@Simon_W74]

I wonder where I stand. Last year we had our air Awning pop due to wind. we then went to see were the awning had failed. The zip ties that held the zips together had slipped through and allowed the zips to open which then in turn pinched the air beam which caused it to pop with a very loud bang. When I contacted Vango customer services to see about getting the awning fix under warranty. only to be told that as I had bought it Brand New from a seller on Ebay it was classed as second hand.

[@edwardecl]

I would have taken "sold as seen" to be an invitation to look at the used item in person to check for any obvious external visual damage that may not be identifiable from pictures before any money exchange and be happy with it. If you had to list every tiny amount of damage or things that are not factory default on a used car your advert would be ridiculous. The other phrases are totally bogus however.

[@spudhead169]

How does this apply to items that are sold as basically junk? About six years ago, there was a huge pre-fab building on an industrial estate near us that was full of electrical junk. The owner would drive around in a big truck collecting all sorts of appliances and whatnot. The place was full of old washing machines, computers, dish washers, TVs, hoovers etc... People could walk around and just pick something up, take it to the front and he'd ask them for a fiver or whatever for it, or people could open things up to remove parts like motors and transformers and he'd again charge them a quid or two for it. Obviously most if not all of these items are non-functional and sold as non-functional, so if someone say opened a hoover, took out the motor, got charged £4 for it then later found out it didn't work, how does the legislation apply in that case?

[@FlyingFun.]

Good question, I used to repair tellys for £5 from a big unit that took in all the old scrap tellys from radio rentals etc and bought old junk ones to do up or just for parts there was certainly no come back once you walked out the door, it was up to me to check any parts before I bought them, basically if its sold as spares or repairs or not working I think you just take your chances but I'm no expert.

[@ojustaboo]

On a similar note, a trader sells a laptop on eBay, described laptop as Faulty, for spares or repairs, memory and Disk drive removed So you get the laptop presuming it’s simply stopped working and the trader has removed memory and hard drive to sell separately. You then open the laptop to find bits missing off the main board, or very very obviously had someone else try to repair it. Had you known someone had already tried to repair it, you would never have paid say £120 for it Seller is adamant that as they sold it as faulty for spares or repairs with no returns, it’s not their problem?

[@FlyingFun.]

@@ojustaboo hmm that's a tough one, I'd say you had a case against the seller if other parts were missing over the ones listed in the advert, faulty isn't the same as missing parts. That seller is a scammer imho , I remember hearing about a car boot sale where someone sold a hifi for £50 which had no parts inside at all , soon as he sold it he drove off lol.

[@spudhead169]

Reminds me of a local car boot event where someone had the bright idea to bring an inverter hooked up to his car and charge a quid for people to plug stuff in to test. He was "politely" asked to stop doing it after a few sales by the organisers because a lot of sellers simply wouldn't come if they knew he'd be there.

[@TwoDogsplusMe]

How does this work with a trader who fitted something poorly, in this case, a friend had a roof fan fitted that he had purchased with all the relevant sealers, to his van and a few weeks later discovered it was poorly fitted, he as just emailed the trader and supplied picture, do the same rules apply?

[@roncho807]

I bought a car and within a week realized that 4 out of 18 speakers were not working. Got the car diagnostics which showed that the faults occurred a week before the car was sold to me. I have been chasing the dealer but they are ignoring me. What should I do?

[@GecHoMick]

might need your help. i want to reject a car after just 1 day of ownership. dealership have refused rejection of the car saying they will fix it. now waiting for finance company to push back. not looking good

[@TontosVotanPaSocialistas]

Absolutely.

[@user-xn2hf9re8r]

I wish I'd known this a couple of years ago buying a 2nd hand car from Arnold Clark - they were appalling, misogynist etc I'd never recommend this company to anyone especially the Perth branch

[@WolfmanWoody]

In 2003 I bought a 1year old MG ZTT estate and on collection my friend (a police officer, BTW) pointed out a huge dent in the sill below the door. I refused to take it because they had not pointed this fault out and I hadn't noticed it. Lucky I had my friend with me. They fixed it Okay. I bought a 2nd hand Ford Kuga in July. I collected it some days later and drove it home very gingerly as it was a strange car. The next day I drove it down a fast dual carriageway and noticed on braking a rumbling noise from the back brakes. I reported it and took it back to the garage. They took it for a test drive and they achknowledged there was a heavy rumbling noise. It turns out that the discs had warped, but they replaced them (and the pads I hope, as they should). It is illegal to sell a car that is unroadworthy, I believe. It's fine now and a joy to drive.

[@laceandwhisky]

If it had an MOT and they stated it was fit to drive yes.

[@beccabbea2511]

I was told that those carpark signs that state 'park at you own risk' is not worth the paint used. Is that correct?

[@aethlexq7451]

Dealing with an issue at the moment with an amazon trader bought a chair found it uncomfortable not up to snuff tried to return they're asking for pics and videos of it to authorize the return and are asking 30£ for the return cost off of what I've paid, it feels like they're trying run down the clock on me 14 day return

[@DerekEmerson]

I wanted to buy a pair of trainers, unfortunately they only had one pair in my size and it was the pair on display, due to extremely slight marks on the trainer I asked if there was any additional discount available. The shop assistant spoke to the manager and they offered 10% however this would make them non returnable. I assume that they can still be returned under my statutory rights as a consumer, correct?

[@ukeleleEric]

The quote 'they are non-returnable' comes in the same category as the rest. Your trainers just can't be returned for the specific marks that were pointed out to you at the point of sale, but COULD for any other statutory reason. Giving the shopkeeper the benefit of the doubt, this could have been what they meant.

[@matthewsmith2787]

When the police say, you don’t have to say anything but it may harm your defence etc. what happens if a person takes it the wrong way and thinks the police mean keep quiet?

[@davidspear9790]

It's the 'but' clause that gets me. It implies that if you don't talk, things will be worse for you, when in fact it's the opposite.

[@dyschromotopia]

What i find particularly concerning, is when making a purchase....for instance, an electrical item at a retail outlet, "no quibble" guarantees are upsold referencing that if the product you purchase, develops a fault, you are not entitled to a replacement & that it will need to be returned to the manufacturer, for repair. Am i incorrect in thinking that the contract, at purchase, is with the retailer & not the manufacturer?

[@clovermark39]

I’m dealing with a roofer at the minute and I’m not happy about his work. He seems to be doing the same work that got me a leak in the first place. Who do I go to for help? I’m just a woman on my own who wants a roof that doesn’t leak for longer than a few years.

[@laceandwhisky]

Trading standards, get other business opinions, might have to small claims court to recoup your loss. If you have not paid don't pay and get opinion's

[@gadgetgaz66]

Thank you for your work. If a trader is in clear violation of your legal rights, is your only option to take them to court?

[@robertjohnston3848]

Hi love learning about the law . Does this apply to you tube purchases.

[@Number6_]

Dear BBB. Thank you for this. I did ask this question a week or 2 back. My friend down the road sold his car for £300 Thinking that 'sold as seen' would cover him. We both know of people who buy a working car and then break it and 2 weeks later want the money back . does joe public have to take the now broken car back and return the money? You did not cover this . He is not a trader. Not looking for legal advice. We Just want to be informed.

[@owrang9756]

Your friend is not a trader so he doesn't have to refund the buyer

[@cyankirkpatrick5194]

The the same goes for the certified pre owned dealerships a lot of the big dealership's may not do that ? Another question, what is the so called "Lemon law's" there in the United Kingdom if you're not familiar with that term it means that it's no good if a car/vehicle, it just won't work it has to be repaired all the time etc.

[@FrameGame1]

Amazing video, keep up making buyers aware!

[@andrewscott4897]

Hi BBB👋 love the videos Can asks about the term for sale spare or repair ?

[@davewoodel6617]

What about buying a new house?

[@frankbolam7812]

Thank you for your great videos I always look forward to them best wishes from Glasgow

[@cyankirkpatrick5194]

I don't reply to what's app I usually go to legal aid. In the United Kingdom where could I go to fill out paperwork for a patent/trademark/copyright.

[@chriscjjones8182]

What rights do you have when it's a private sale though, either online, over the phone or down the local pub etc?

[@kermit2257]

hi great to watch your vids , thought I knew most of the pitfuls of selling commercialy....can I ask am I correct in believing the only get out of jail description is sold as "spares or repair"

[@freddyeverready]

I bought a Ford fiesta for £100 it broke down after one hour so I took it back he gave me a Mercedes and said sorry .

[@nevesdad1969]

@Blackbeltbarrister. I've seen one or two of your tiktoks where you talk about the common laws, maritime law and the magna carta. Could you do a bit more indepth video as I find the law differences confusing.

[@xTerminatorAndy]

thanks Mr. Belt

[@jasonhowe1697]

the warranty they offer isn't worth thye paper it is written on and a lot of passing the buck in the process but that what you get these days.. wuth low end laptops these days you are getting what is essentially camera memory on m.2 with no memory controller and no way to upgrade it as memory is only applicable to oem/odm suppliers with 1 base install of windows+ office +1 windows update 1TB is hardly enough on install and the requirement of industrial strength code plug memory install for the latest OS.. I had to wipe win 10 from 2 hp laptops because there wasn't enough storage and couldn't be upgraded..

[@gwright5471]

Quick question if a product in retail store is displaying misleading information ie on energy efficiency of product would that breaching civil or criminal law?

[@b9y]

I bought a used phone from CEX. It was sold in a faulty state. They said they couldn't replicate the faults, using their own testing software, and told me I have to keep it. I took it back within 3 days of buying. They told me I couldn't get a refund in store, but I had to ask customer services via email to authorise a refund...in which I'd need to return it to the store. What rights would someone in my position have? They do this nation wide, it's pretty shite.

[@garybrindle6715]

CEX have an awful track record of failing to honour returns. They do not always check goods are fit for sale.

[@TheMensRea]

Thank you for this, very informative.

[@davecollins8007]

Hi Does this apply to items purchased through online auctions? I purchased a pair of binoculars from a company which runs auctions of unwanted goods from various sources. As it was during lock down the auction was online. The bins were faulty and useless but the company refused to refund or replace stating that the consumer rules didn't apply to them as it was an auction?

[@hazelbridgwater2525]

How do consumer rights apply to items bought in sales, such as Black Friday, Christmas and also of closing down sales, everything must go, of retailers just closing one branch and still trading elsewhere?

[@Number6_]

not a lawyer, but a sale is a sale does not matter how it is advertised.

[@stu.k.5875]

Good video, and really useful plus well presented advice . More please.

[@craigyboyz81]

Great video, I bought car 4 month ago £13,500 it's now needing a new catalytic converter and has other fault codes, how do I go about enforce my rights? Told me my 3 month warranty has ran out its 2019 35k miles and loaded with problems

[@IIparkyII]

I've Had DPF faults on 2 cars in the last 12 months, Reported the first after 2 months they played the warranty card I told them warranty wasn't a factor and that I was giving them the opportunity to repair the vehicle. They replaced the DPF and it failed again so I rejected the vehicle under failed repairs, they didn't accept my rejection and it took 8 months for them to finally accept it. During that time I got a second car on finance the day I got the update my rejection had been accepted was the same day the engine management light came on on the 2nd car and I'm now in the process of fighting the dealer to repair it, again they are playing the "extended warranty" card to which again they have been told the car isn't of a satisfactory standard nor fit for purpose so they need to repair or replace. So to answer how would you enforce your rights, just tell the dealer you understand your rights and as its only 4 months into your agreement the burden of proof lies with them.

[@getsiegreen1066]

heya what about they just say no then what

[@accidentalactor9306]

Totally going off the subject but something suddenly sprang to mind which I wonder if you would consider and respond? So when is a celebrity not a celebrity and is still classed as a "Public Figure" which thus could effect bias outcomes in court? In simple terms, the more followers you gain could this actually go against you in a court case if the other side objected to you on the grounds of potentially swaying a bias outcome with the jury?

[@AJ-yw5zy]

Sounds like an Ebay add, they make me laugh when they state such.

[@HoratioChinn]

Comes down to if the seller is a trader or it's a private sale. If it's not a trader then caveat emptor.

[@adeleferris7539]

Thank you for this information

[@markhudson3354]

Hello BB If it says it has a 3 month warranty. I’ve been told that you are actually Entitled to 6 months?

[@michelleanderson8370]

Thank you

[@kevinmatthews2620]

solar panels ?? :) :) :) you truly are fount of wisdom for the common man thank you kind sir BBB KC

[@peterdavey2767]

Thanks for the info

[@terrystratford1235]

A bit off subject but, I'm having work done on my car by a professional vat registered mechanic. He states he has spent hours and hours trying to remove a pulley to gain access to the crank seal(it's leaking oil) it's standard practice to use a puller as brute force won't do it! It is a specialist puller which I guess he doesn't have! It's a 6hr job, he's had my jeep for 3 wks and he won't return my calls! I'm worried he's broken something and trying to hide the cost by stating he's spent hours trying a non standard method! I was told initially 10hrs(other work being needed) I've spoken to other mechanics and they said it needs a puller and it pops off in seconds! Any other way can damage the crank itself! What do I do? There are even vids on utube how to do the job. I'd rather he charged me for the 9 mins to watch how to do it, than charge me God knows how much just cos he said so! Please help

[@terrystratford1235]

@@icouldbewrongicouldberight no! My jeep is a weekend toy, or my let's go visit somewhere nice for a week holiday! I don't mind if he has the car for a month, I have a daily work car. I've know and used the guy for 3 years, always a top job! But I'm concerned as he isn't returning my call for a week now! I know you need the right tool for the job, he didn't have a puller. I think he should have called me to say this and give me the option of how to progress. Do I give him permission to try for hours until the pulley is off, or wait maybe 6wks for a puller to be shipped from America? My jeep is mint, I'd rather wait for a proper job to be done! He knows this! I was told by his employe about 10hrs plus parts, so about £1300. £500 Labour, £260 new radiator,new water pump, crank seal £20, rocker gaskets £?? And transmission oils £350! So I said yep, that's ok! But to spend hours extra trying without the right tool, potentially damaging the crank, just seems unfair to me! I didn't authorise that!

[@Number6_]

@Terry S demand the car back and go elsewhere. if he refuses, tell him your going to court to recover it. If this fails , take him to court and press for jeep and compensation.

[@terrystratford1235]

@@Number6_ he finally txt me! He said he was waiting for the correct puller! To be fair, I've had the jeep 4 years and getting parts in the UK can be a waiting game! Like I said, I've had a very good relationship with this mechanic, he and his guys do a very good service! I will wait to see if he does try to charge me for wasted hours without my knowledge! I'm sure he wants my custom as I do put a fair bit of work his way! Not many mechanics would be willing to take on a job after someone else has torn the front end apart, as then they could be liable for any unseen broken bits! That said, if he has used a crowbar and put pressure on the crank and damaged it internally, I would su for the price of the jeep! Which on auto trader 2001 4.7 grand Cherokee limited with 78 thousand miles, full history, lots replaced, stunning condition 8 to 9 grand! I paid 4 grand 4 years ago! I was very surprised they have gone up!

[@thetruthhurts7675]

These rights are the rights that people buying off the internet are givivng up, unless they know the company is here in the UK. Anything direct from China good luck on getting your rights from there. This is one reason why I personally NEVER buy anything from the imternet. Even the watch I bought just this last week was £250 cheaper in H W Samuels than off the producers site, plus I am guauranteed my rights under English, or Scottish law when buying it even if the local shop closes, and everything is online sales. NEVER, NEVER, EVER buy from Amazon they don't care about your rights as a consumer, and getting trading stanndards to take them to court is a nightmare, as is fraught with loopholes, and seems to go on for ever.

[@ThePhillydog1971]

Seen in charity shops sold as seen.. Can I return the item?

[@craigbaxter4842]

Really great advice 👌

[@interdiction2]

I just bought a charger and batteries for a game controller from Amazon UK and found to my surprise that returns were not allowed. As it happenrd the item was faulty and Amazon did indeed give me a full refund but I was surprised that Amazon said no returns. Does this contravene the regulations?

[@dlevi67]

It probably does - but it's cheaper for Amazon to leave you to dispose of the defective charger than it is for them to organise a return...

[@interdiction2]

@@dlevi67 I know what you mean but what if I had changed my mind about the purchase or if I just thought it was poor quality? I would have been stuck with it and I thought that Amazon was distance selling and you always had 14 days to change your mind?

[@dlevi67]

@@interdiction2 Amazon is breaching the regulations in as much as it's asking you NOT to return a low-cost, defective item (for which, probably, the cost of paying for return postage and then disposing of the item would cost them more than the item cost them in the first place). If you were simply to change your mind (i.e. not a faulty item), they would not be breaching the regulations if they asked you to pay for the return, and then probably even on a relatively low cost item it may be worth for them to get it back, as it's usually resaleable. Amazon say that they will apply a more favourable return policy (30 days, free return shipping) on most items, but they also acknowledge that the statutory "no reasons necessary" 14 days, buyer pays return costs, is your legal right on all the items they sell. "Poor quality" is a different can of worms - it can open the door to a return well after the 14 or even 30 days period, if the goods are not of satisfactory quality. However, proving they are not may be rather difficult, and you may have to accept a replacement or a repair rather than a refund.

[@interdiction2]

@@dlevi67 It wasn't dirt cheap, it cost £27.80, but the point is that in the item description (I missed this before buying it) it says not returnable. I won't buy anything else with that condition in the future. I thought it was all returnable apart from reasons of hygiene etc. I would have been ok paying return postage but it was initially the blanket "Not returnable" statement from Amazon that threw me.

[@dlevi67]

@@interdiction2 The interesting quetion is whether the "no return" is actually Amazon's statement, or simply something the vendor wrote (some of the descriptions on Amazon are not very well written, and clearly not vetted/inspected by Amazon themselves). If the item had not been defective, did _Amazon_ specifically say to you they would not have accepted a return? I don't think they could legally do that... and their conditions of sale (clause 2) specifically say they won't: "Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased" (the exceptions are the usual ones - hygienic/health reasons, sealed CDs etc.)

[@wikvaya]

Can you please clarify something. At kzbin.info/www/bejne/eIGzgn95grt6pskfeature=shared&t=493 you say that if a fault is noticed and the dealer agrees to repair the short term right to reject goes on hold. CRA 2015 Section 20 (5) states : "The right is exercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract as at an end". Section 22 (1) states : "A consumer who has the short-term right to reject loses it if the time limit for exercising it passes without the consumer exercising it, unless the trader and the consumer agree that it may be exercised later." If a consumer approaches a dealership and does not exercise the right as defined in the CRA but the dealership offers a repair under "warranty" as per the sales agreement was this right deferred and can Section 22 (6) "If the consumer requests or agrees to the repair or replacement of goods, the period mentioned in subsection (3) or (4) stops running for the length of the waiting period" still be applied. I understand that if the right was exercised this is applied but the context is about consumer who agrees to a warranty repair without exercising the right, in the first 30 days, does the right to exercise the short term right to reject lapse after 30 days, regardless if a repair is underway. I hope you can clarify and thanks in advance.

[@lorrainet6798]

Can I suggest you find another adjective to describe something that is rubbish. This is a clan surname in Scotland. I have met some people with this surname and they find it quite insulting.

[@deborahkizer4664]

As is. Is a thing here in the 🇺🇸 ✌

[@JB-oo7cv]

What is your views on just eat? 😂 Sorry sounds silly but I would like to know about ordering food from a takeaway just say the food is not to your standards or you have payed online and you don't get what you orders and the takeaways refuse to change or refund they always say contact just eat but you literally can't get anyone for weeks on just eat and even then they only refund 1/4 of your order, so you are always out of pocket with just eat ❤️

[@KevinWMoor]

If you agree to a replacement does the 30 days etc. reset for that new item?

[@BlackBeltBarrister]

It depends whether the original contract is rescinded and a new one formed (not usually the case)

[@KevinWMoor]

@@BlackBeltBarrister Thanks

[@ezra63]

Excellent video