If They Tell You This - They Are Just Plain Wrong!

When companies tell you to take a faulty product to the manufacturer for repair.... I despair!!
Also me: @blackbeltsecrets
Check out my wife's cooking ;-) @EasyChineseCooking
Insta: @blackbeltbarrister
Disclaimer: Neither this nor any other video, may be taken as legal advice. I accept no liability whatever for any reliance placed upon it, as there is no contract between us and I am not instructed by you.
For formal advice, please contact [e-mail].
💌 Become a channel member to access stripes and perks!
/ @blackbeltbarrister
LAW FAQS
• Common Law
CONSUMER LAW PLAYLIST:
• Consumer Law
TREE LAW PLAYLIST:
• Tree Law Miniseries
ROAD TRAFFIC LAW PLAYLIST:
• Road Traffic Law
FAMILY LAW PLAYLIST:
• Family Law
IMPORTANT DISCLAIMER:
I'm a Barrister of England and Wales.
Videos for educational guidance only, Always seek advice before taking action. Videos on my channel are not legal advice and should not be taken as such. I accept no liability for any reliance placed upon the content of these videos or references, therein.
#blackbeltbarrister #lawyer #barrister
Description contains affiliate links. As an Amazon Associate, I earn from qualifying purchases. Description may contain affiliate or sponsored links, for which we may receive commissions or payment.

[@carldavis5839]

Tip for returning items brought online from resellers like eBay, amazon or similar. Even if they'll refund postage, always insist that they organise the postage label and send it to you, doing this makes the item their responsibility as it enters the postal network as they become the sender. If for any reason it does not get delivered, goes missing or arrives damaged it's on them to resolve. If you organised postage, you are the sender the company have the right not to refund you if it goes missing or arrived damaged and it's on you to seek compensation from the postal service.

[@DropdudeJohn]

I once stood in a shop doorway arguing with the manager of a shop in Salisbury and telling all the customers who walked in that the manger was trying to stiff me after selling me faulty goods until he finally gave in.

[@PhilipBallGarry]

I had to do this. My girlfriends Samsung phone developed a fault and kept rebooting continuously. It was only a few weeks old. We took it back to CPW and they sent it away. When it returned, there was a deep scratch across the screen which hadn't been there before. We were obviously very disappointed. They offered to send it back again BUT we'd have to pay for a new screen 😳. Totally incensed, I was going to stage a sit-in until they resolved the matter, but realising they weren't bothered I started approaching customers as they walked into the store and telling them politely how we'd been ripped off. Eventually, the salesperson who took the phone in originally admitted the screen was perfect when we handed it over for repair and it was agreed they'd get the screen changed at no cost. I was still very upset as it demonstrated a lack of care on their part. Annoyingly, there was a note attached when the phone came back stating that as the screen had been changed the waterproof guarantee was now void. Never again CPW!

[@mbontekoe3358]

There are some issues - my partner is a goldsmith and large problem is that people come in and purchase often very expensive items of jewelry and then return the items for refund probably after have worn the item to a party or wedding , contacts we have in the clothing industry report the same that "worn once " clothing is returned stained or stinking of alcohol, cigarettes or even worse and people stand up in the shop on the busiest times demanding a refund

[@russellblinman2560]

I would have thought it only replies to faulty goods. If the goods are in good condition and "as described" - I'd tell them to "do one"

[@davidioanhedges]

If they return them damaged then you have the right to refuse a full refund

[@petermainwaringsx]

When you mentioned returning to the manufacturer, this can be difficult or practicably impossible. EG Products like TV's might have a Toshiba badge on them but the company will refuse to have anything to do with the product. I bought a TV from Tesco with a Toshiba badge on it which had a next to useless owners manual but when I contacted Toshiba they told me that the TV was made in Turkey and sold exclusively to Tesco. Toshiba received a fee for licensing the use of their name. I returned the TV and got a full refund. This practice must be pretty close to Passing off and is not exclusive to Toshiba. I now research everything before I buy.

[@BlokeOnAMotorbike]

licence branding is common through all major companies, not sure why they do it when there's a real risk that particularly in electronics, people get injured because of shoddy workmanship, which apart from anything else damages brand trust.

[@blazer666del]

Then you need to go to Tesco...

[@spudhead169]

"This is a colleague announcement, would a member of hard-lines please come to the customer information desk?". I worked at Tesco for 6 years, and this announcement we heard all the time shortly after a consignment of cheap TVs when customers started to bring them back. It became somewhat of a meme. We'd get palettes full of these garbage TVs and almost every time we were told to scrap the full palettes of returns rather than send them back to the warehouse. I can't see how Tesco made any profit from it.

[@maxbacon4828]

@@spudhead169 Thanks for the info, much appreciated, (every little helps!).

[@alexmorgan3435]

Every Lidl helps.

[@Barbarapape]

Try telling Tesco your rights. I made the mistake of buying a printer from Tesco, i didn't work at all, totaly dead. So i returned it, and got the "Send it back to Epson yourself" I could get nowhere with the local store, so i went home and phoned head office. They agreed that it was for Tesco to replace or return it, so another trip back and i was met with a brusk team leader who almost threw a new printer at me. You have to know your rights, and when to stand your ground. Ripp off britain will never go away!🤔

[@matthewking5612]

I've never accepted that and have just said I'd pursue my rights through Small Claims. Hasn't failed me yet, thanks for highlighting this.

[@MattBooth]

Once had to do this with Motorola. First they tried to send a refurbished handset for a phone that was about 24 days old. I declined. I wanted a brand new replacement, as per my rights. They claimed that by unlocking my smartphone (to user software modification) I had invalidated my warranty. Which was true. But I hadn't invalidated my statutory rights and that unlocking software wouldn't cause a hardware defect. The defect in question was a yellowing and red spots on the LCD display, which is caused by the display not having enough UV light curing time during production. 6 months of arguing the toss with them about it before they generously offered me a "goodwill gesture" of a full, brand new replacement. I rejected this. I wanted it in writing that they were issuing a replacement as per my rights. They eventually capitulated when I offered to use Section 75 with my credit card issuer. They didn't care about small claims, but the threat of Mastercard put the shut up them.

[@WOOOPdoctorFROGhere]

@@MattBooth out of interest, does the seller suffer when you exercise your rights under s75? I've claimed s75 refunds via American express a few times and I've always wondered if amex recover the money from the retailer or just don't bother. It'd annoy me if the retailer gets away with it.

[@debradela-nougerede7104]

Just after Christmas, we purchased a fridge from Curry's, and had it sent to my aunties address for her. We paid for installation delivery, an extra £30 I think it cost. My auntie is 84 and very frail. When it was delivered, it was left at the end of her back garden, and they never asked if she was happy with that. She asked them bring it in but they wouldn't. Eventually she was able to get her elderly son over to get it into her kitchen. When they opened the wrapping, a foot was missing. I called Curry's laughingly called 'customer service'. I would have had more luck with Del Boy down Peckem market. The woman was rude, derisory, and despite my quoting consumer law to her, not only told me I had to go to the manufacturer, but that if I didn't like it I could go to the store and complain and get another foot there, which I could then deliver to my aunty (40 miles away) . I was livid. At much inconvenience (I am a carer of a severely disabled adult who cannot be left alone), I eventually got back to the store. Explained everything, the staff were helpful but had no better luck getting through or dealing with their own 'customer services'. I was promised they'd get another foot and send it to my aunty. This was mid January. My aunty STILL (26th February) has not received the foot to the fridge (which is dangerously propped up on a chunk of packing polystyrene). We have been to the store again and staff seem to be very frustrated with the terrible 'service' this side of the company Curry's is giving. No doubt we will have to go back to the store yet again to try and resolve the problem. I do have one resolve however, and that is to never spend another £ in Curry's. Oh! By the way, I was buying a £1200 cooker from them, which I cancelled, due to this, and also because they wanted to deliver it without gas installation, (which I had ALSO paid for), AND dictate an unacceptable delivery date and time, (which I had ALSO paid for) . As I said, better to buy off Del Boy than Curry's!

[@kevodowd5282]

We also had a problem with Curry's, my son bought his first tv from them, when he turned it on it was green! Curry's sent a repair man around to repair it. After he finished it was still green. It was repaired twice more with no difference. When he asked for his money back the store manager refused. In the end I took the tv back and dumped it on the counter and said that me and the tv were not moving until my son got his refund, the manager said that he was going to call the police and have me physically removed from the store and arrested. I called his bluff and after an hour he refunded my son in full. I will never use them again.

[@paulrayner4514]

Is it true that if you take something back to the shop because it is faulty etc, you are entitled to reasonable traveling costs to return said item?

[@Rapscallion2009]

I'd always advise people to call any number given for the producer's helpline before contacting the retailer. A) they may be able to assist B) when the retailer says you must talk to them you just say "I did". Which rather takes the wind out of their sails.

[@Backs4more]

Your contract is with the retailer, totally pointless chasing the manufacturer.

[@PhilipBallGarry]

If it was just a few weeks old I'd push for a replacement from the retailer. Once that period has passed though, getting direct help is often quicker. Manufacturer's service departments are usually set up for a quick turnaround.

[@Rapscallion2009]

@@PhilipBallGarry what if you call the manufacturer's and they are able to send you a replacement part, or tell you how to remedy the problem?

[@chucks6781]

@@Backs4more When a monitor i purchased after 5 months packed up i contacted the manufacturer direct who agreed that it was faulty & return to seller for foc exchange when i returned it to seller in person they tried every way to make me pay for 5 months use as the guarantee was only 12 months & i had had 5/12 of year use eventually they phoned the manufacturer but still persisted i pay & get a refund after they had got a replacement from them i just started talking louder every time a customer passed by got the replacement after 30 minutes or so

[@leemason5953]

That's why I stopped getting phone insurance,had it once,had a new phone break,claimed on insurance and got a second hand/reconditioned phone in return,now this was a while ago and when I said I insured a brand new phone,I was told by the shop that "by law" they only had to give me back the same model,not necessarily a new phone,im pretty sure it is different now but it seriously p...ed me off at the time,good video👍

[@hadrianbird8409]

I was told by B&Q that they would not refund monies on a faulty lawnmower ( two weeks after purchase) but instead offered me a credit note, I told them to insert their credit note inside their rectum and I wouldn’t be leaving without the total refund in cash. I had the money back, I don’t know what they did with the credit note.😐

[@GunnyUKsarge]

Comets was one company that would do this when they were in business and I think is one of the reasons that contributed to them going out of business😀

[@ruledtrendy5066]

Carphone Warehouse do this a lot. They also sell phones from abroad which often don't have full functions such as wifi calling.

[@simondreyer6682]

I once owned a shop, the look on peoples faces when i told them not a problem i will replace or refund Shock and Disbelief , the wholesalers used to try and use the back to manufacturer I used to say NO NO NO

[@MrWindermere123]

Excellent stuff: I once got fobbed off by B&Q over a broken power tool which failed within days of starting to be used. A staff member got out a list of service agents for that brand of power tool and told me to contact a place in a different country - I can't remember which one. Many things are made in China these days, so contacting the manufacturer or shipping things back is likely to be tricky. I think the staff-member wanted a quiet life.

[@OriginalManLee]

Yeah we're pretty lucky with statutory rights in this country, a lot of people don't believe me that some products can be 6+ years before the reseller is no longer responsible, and the fact that the reseller is responsible to prove it wasn't faulty when brought if returned before 6 months. I had a custom built computer that was less than a month old and faulty and they tried to tell me I was not eligible for a refund as it was custom built I laughed and ask them if they would like to settle it in court after speaking to a manager they obviously couldn't refund me quick enough...

[@thefoxhat6163]

Some products have longer legal warranties. For example, a TV purchased at £599 would be expected to perform it's function for 5 years in Scotland & 6 years in England & Wales. I purchased a Sony Bravia a few years ago. After approximately 5 years it developed a fault. After doing some investigation, it was found to be a common fault. The manufacturer (Sony)& retailer (Argos) knew about it at the time of purchase. After a bit of debate with Argos HQ and playing a BBC News bulleting dated 6 months before I purchased it, they gave in and agreed to give me £499 in-store credit to buy a new TV. We spent £379 on a JVC. Now 3-4 years later, it has a similar fault. Argos has agreed to £499 in-store credit again.

[@aleopardstail]

interesting question... how does all this relate to software? given most providers of software seem to think that should the software consist entirely of a pop up message that says "sucker!" its still your problem not theirs

[@afreeman1980]

Within the first year I take the issue up with the seller unless I have paperwork of any sort saying otherwise. The small claims court works as I had a problem with a new car and the garage just kept fobbing me off. I took them to the small claims court and was awarded the cost of putting the car right. The only downside to doing this is the time and effort you have to put in and seller's know that and hope you will not bother.

[@jerrybootneck1736]

I paid £800 for a laptop online and within a month it had a fault, I contacted the seller who told me I had a 12 month warranty with it and to contact the manufacturer directly, after some too and froing with the seller I decided to contact the manufacturer directly "DELL" were excellent and I had a carrier on my doorstep the next day collecting it, it was returned to me by courier within the week fully repaired.

[@mountainbearoutdoors]

done exactly the same thing after breaking a mountain bike frame, the seller told me it would be a few weeks for replacement so i waited and they kept fobbing me off, I reminded them of the sale of goods and services act and that my contract was with them and not the manufacturer, i got a full refund.

[@thewaywardgrape3838]

I like to go in with a visible needle in my arm and a "questionable object" in my hand; works every time! Sometimes the store will give me money for my hassle and they're so excited that they shout/scream. Makes me happy to see people so elated at work.

[@mojoich2736]

A lot of major stores do not own their own stock of goods and are just renting shelf space to manufacturers in exchange for a percentage of sales profit. So this could muddy the water a bit.

[@rusticpartyeditz]

No. Your contract is with the store.

[@earthstick]

I bought a CD player from Seven Oaks many years ago. It was faulty so I went back for a refund but fell for accepting a credit note. Apparently I forfeited my rights when I accepted the credit note.

[@jong3461]

Had that with Halford with bicycle about 3 months old, that tried to repair issue but failed. Tried to only offer part refund if used against another new bicycle, which sounded wrong to me. Fortunately had friend that new the rules a lot more. He want back the next day with me and got them to agree to covering costs of repair at a great repair shop and also get free items to cover hassle. In the approximate 10 years since have never been to Halford again (even though closest bicycle shop) . Still use the great shop for any servicing or repairs I can't do (have to go past 2 other repairs shops to get there)

[@viuvenitlalumina]

thanks for the positive input. i suggest just don't give unsubstantiated advice about what UK isn't, when you don't know what it is in the first place..🤣 just to make u feel good and spicy

[@joedennehy386]

In New Zealand we have very strong consumer laws. I recently had an LG TV that was out of the 3 year warranty. The manufacturer sympathised with me that it was out of warranty. I mentioned that given my problem was well known to them, I doubted that the TV was fit for purpose. I was put straight through to a supervisor and the TV was repaired.

[@rodsimmons9337]

I bought a wristwatch and within a fortnight the strap broke (came unglued). I returned it to the shop where they said I needed to buy a new strap, and they pointed to a sign on the wall that read along the lines of... straps are not guaranteed. I argued that the purpose of a wristwatch is to go on the wrist, and if it didn't then it was not fit for the purpose it was sold for. After some argument they ordered a replacement strap free of charge.

[@LEWIS1992]

What happens if the store replaces the item, but the replacement is defective? Does the 30 day period restart upon receiving the replacement?

[@abelovedsonofGodinwhomHeis35-6]

Good simple consumer advice

[@MrBanzoid]

With regards to original packaging, I always keep all packaging of the item for a least a year. It uses up a bit of space in my garage but if I need to return something, the suppliers can't claim that the item was damaged in transit.

[@grayzytube]

Yes! My late father-in-law spent 2 years getting a new engine in his car on grounds of not merchantable quality. This was some time ago so the law may have changed, but worth checking.

[@nickerrison-davey9099]

Used to be known as "Merchandiseable Quality"....I think 😀

[@tonyfurneaux3399]

Hi, Very well explained as usual, Thank you.

[@change2023now]

Your contract is ALWAYS with the retailer, Up to 6 years, or 5 years in Scotland*. The easiest way to take the retailer to task after the 6 months period is to use the durability test condition which comes under the satisfactory quality of the CRA 2015. Depending on the product and price paid this is (from my personal experience) the most successful way of making them replace, repair or refund.

[@clivehorridge]

I’ve had the problem when taking back failed goods to the shop from where it was purchased, when they tried to refuse acceptance of the item because it was not returned in the packaging in which it was sold to me. I refused to accept that position because I had personally taken the item to them at the place of purchase. It might be an issue though, when returning goods through means of a courier or by post.

[@reddevil3874]

I had this argument with Tesco........they wanted me to go to manufacturer for the issue but my contract was with them as they took my money. I believe it was the sale of goods act 1984 (as amended)?....anyway, they soon accept my point when i threatened to dump the offending item in the middle of their store.

[@petelattimer6808]

i was in Argos after christmas. guy at the next desk was trying to return a childs toy that was faulty. they refused to accept it because the packaging wasnt in resaleable condition! they claim its part of their terms, which i believe is an unfair term?

[@gypsygem9395]

I think you're right. If it's faulty, they can't resell it anyway! But in any case, as I understand it, any returns cannot be resold by the shop

[@scotiajinker8392]

Try dealing with caravan repairs, absolute nightmare & getting parts is an other nightmare, some people waiting months on the most basic of parts.

[@worigami]

How does this work with Amazon where they list an item that is "sold by" a third-party? I presume they aren't liable in terms of responsibility as they're just providing an advert for someone else?

[@Alan-xxxxxx]

Contract is with Amazon

[@hazy33]

@@Alan-xxxxxx exactly! YOU are paying Amazon therefore it's their responsibility.

[@COLDMKULTRA]

Splendid and completely accurate advice ... Thank You !

[@buddah1978egypt]

I had this exact thing with a gaming laptop through a private seller on Amazon.. After ALOT of arguing through Email, they took it back and refunded fully.

[@duckthesystem8569]

What about a gas cooker? I bought thru Argos and within 10 months it was classed as condemned by a gas engineer and I’ve been trying for the last 5 months to get a refund with no positive outcome Argos simply passed me straight over to beko who have the worst customer service I’ve ever come across!!

[@spacebum]

Also, white goods have a 5 year manufacturers warranty. They either have to repair or renew.

[@paulmarsy1041]

I used to repair lawnmowers several years ago, we had to deal with quite a lot of machines on a Warranty Repair basis, where the customers had bought their machine from B&Q. In the box or on the box it actually says DO NOT RETURN TO STORE and that is it. So the business I worked for had to get in touch with the machine manufacturer to retrieve the cost of the repair. Is that right for it to happen if the sale is from B&Q? I can remember that one customer had their machine for around 8 months (bought from B&Q) when it stopped working, after numerous attempts to get the cause of the problem working we had to buy a whole brand new machine to replace the part as the part wasn't serviceable or for sale either by parts suppliers or by the manufacturer. How would that work, in form of compensating both the customer and the business that I worked for?

[@andiross8898]

I bought a washing machine, online On delivery, the machine didn't work at all I phoned AO,the sellers; and was told that they wanted to send an engineer to fix it I declined as I believed that if I paid for a NEW machine then I should have a working NEW machine. Not a repaired item The company AO then charged me £80 to remove it and took this off my original purchase price. So I paid AO £80 to deliver and remove THEIR faulty machine. Surely that can't be right????

[@rusticpartyeditz]

You should not have been charged to remove a faulty product. Go to the ombudsman or small claims court.

[@JC-cs6py]

Where do people stand when they have to take an item back and they do not have a receipt? can the company refuse to deal with it if you don't have one, i know some proof can exist if you pay by credit/debit card, but what about the people that paid cash.?

[@rusticpartyeditz]

It is up to you to show proof of payment. Cash with no receipt they can refuse to deal with you.

[@philfyphil]

No offence but your office looks like the inside of a small jet aircraft!. I like it!

[@tehs3raph1m]

What about Argos and Vax products where they have a "you must call this number for service" I had right problems getting my Vax replaced

[@peterthomason6088]

So what if the retailer then wants to return the item to the manufacturer for repair on your behalf rather than replace or repair themselves?

[@BlackBeltBarrister]

Sure they can, but you deal with the retailer

[@kwakgreen]

I bought a large flat screen tele from a very well known retailer, it was quite expensive, so, at the till the guy behind the counter said any problems just return it and we'll give you a brand new one. left the shop full of confidence that any problems we'll get a new one. Six months on the television had the blue screen of death, put the tele in the back of the car of to the retailer. Into the shop I go, explained what had happened, guy behind the counter have you got it with you, yes, expecting go and fetch it we'll give you a new one. NO chance. I explained to the guy what was said only to be told that's not our policy, leave it with us and we'll try and repair it, luckily we had an oldish tele to watch because they were not going to loan us a tele. Five weeks they had it for repair, a blown PCB. Learnt my lesson don't listen to any B******t make sure it's in black and white.

[@barneylaurance1865]

Good advice but where do you find a black and white telly these days?

[@kwakgreen]

@@barneylaurance1865 My Grandad.

[@hazy33]

In future always buy TVs from Richer Sounds. They throw in a free 6 year no quibble warranty. If it breaks they'll come and collect it

[@gingernutpreacher]

That's why I won't buy anything from Tesco

[@Philo68]

Good info BBB. What about the sale of goods act? How does that work?

[@grahvis]

The consumer regulations in the Sale of Goods Act, are now to be found in the Consumer Rights Act.

[@alexmorgan3435]

My grandmother, bless her heart, once gave me some very good advice. If ever you need to complain to or confront some about a matter they are at fault choose your moment well. Try and find a time, a moment, a place where you can potentially cause maximum embarrassment to them and a massive loss of their business should they decide to be uncooperative. Do this and you will always win. So some years ago, 25 years actually, I put this to the test when a full bottle of milk I had purchased from Tescos developed a leak in the bottom and flooded my one week old brand new fridge freezer going into all the new seals which I couldn't get the residual milk out of. When milk goes off it turns rancid and stinks. So I called the Tesco store and explained what had happened and that I was extremely dissatisfied that their plastic milk bottle were of such poor quality leaking milk inside by brand new fridge freezer and ruining the seals of the fridge door. They were like "Whatever, get over it!" They probably had a good laugh about it when they had put the phone down. Bad response. So the following saturday morning around 10.30 - 11am I took myself and the fridge door from the fridge which I had removed into the Tescos store where I had bought the milk along with my supporting evidence of purchase receipts for my fridge freezer and receipt for purchase of the milk. When I got near the head of the queue at customer services a rather bewildered man in a suit sporting a Tesco badge approached me and asked what I was doing? I explained what had happened and my attempt to call his store earlier in the week and I expected Tesco to pay for a new fridge door given it was their thin plastic milk bottle that had failed which had resulted in milk going into every nook and cranny of my brand new fridge and freezer which I offered up towards his chin. He started to smirk, I put the fridge door on the ground but accidentally caught the guys toe by mistake which meant he let out a yelp of pain which got every one's attention. He grabbed his foot and was literally hopping mad. Other customers started to stare, point and giggle. A small crowd gathered and then it grew. "Ear, mista why got that fridge door wiv you?" I started to tell the story again, but the Tesco suit's face turned a deep red and clutching his foot, he invited me to step to the side to talk with him at another counter. Very quietly he asked me to provide him with a quote for a replacement fridge door from Zanussi and he would personally ensure that I would re-imbursed without any delay. He offered me free milk for one month, one large bottle each week. I politely declined the latter, but 3 weeks later when I had received a new fridge door from Zanussi I went into the store again armed with my receipt, again on a busy Saturday morning about 11am, to meet with the Tesco suit again. Unfortunately he wasn't there, but had taken the trouble to brief one of the customer service supervisors who dealt with me. There were quite few screaming kids around on this occasion. I got the cost I had paid for a new replacement fridge door putting me back to where I was immediately prior to buying the dodgy container of milk, refunded to me there and then. No drama, done very quickly and efficiently. Always choose your moment carefully.Timing is crucial to get what you want. Always remain calm and courteous but be assertive, know your rights and the other party's obligations.

[@kenobetrader955]

Very helpful video! Thank you :-)

[@deephish]

Its all very good saying this is the law or that is the law. But quite often, a retailer will just say tough luck, get out my shop and take your broken piece of equiptment with you. And then what can you do..?

[@rusticpartyeditz]

Chargeback. Ombudsman. Court. Local press.

[@JONNIEBGOOD-to6jr]

What about a car or motor components?.

[@CommanderStarblaster]

Question: If you buy a saucepan from a supermarket and the box states 20 years warranty, or 'lifetime warranty' and this is part of why you bought it in the first place, who is responsible when it fails in say...4-6 years?

[@rs-qt1qg]

if less than 6 years - the retalier , if 6+ - the manufacturer

[@simonb6306]

Costco rules 5 years. Anything wrong take it back and replaced or refunded

[@petelattimer6808]

problem is unless you have a business, most people cant access costco.

[@gypsygem9395]

@@petelattimer6808 in my experience, most people can. They allow professions such as teachers etc to become members.

[@lindamcveigh8840]

What do you know about serious crime prevention orders?

[@sezziek1]

Hey BlackbeltBarrister, does the same apply for vouchers?.. my brother in law bought some gift vouchers for JB sports and Amazon from ASDA. But he paid through a self checkout, which didn’t activate the vouchers. He gave them as Christmas gifts but when the recipients tried to use them they didn’t work.. ASDA say they aren’t liable and the companies the vouchers are for are also saying they aren’t liable, so it looks like my brother in law has lost his £95 .. he does have the receipt which proved he bought them.. is there anything more we can do? Thanks

[@davidspear9790]

Sounds like a grey area that would need a court decision to set a precedent.

[@rusticpartyeditz]

@@davidspear9790 I'm suprised Asda are not helpful. Must be obvious he paid for something he never got. Go to the ombudsman or small claims court.

[@davidspear9790]

@@rusticpartyeditz I think ASDA should be responsible. It was their payment process that failed to activate the goods purchased, making them unfit for purpose.

[@rusticpartyeditz]

@@davidspear9790 I agree.

[@hoobsgroove]

need to ask you a question I've asked for the photos of my scan but they still haven't sent them to me, but they've billed me for the process, question is can I refuse to pay till I get the photos? do I have a contract like with any photographer if I do not received the goods photos? and another thing it is £1,500 now and originally they quoted me 600 then when I went into the hospital with the referral quoted me 900£, they saying it's a different scan, but it's not it's a bowel scan same as the original quote only difference is a pumped air in my bowels. I've tried to see if I could get a breakdown figure but there is no figure they say! I wanted to get a cost analysis of this £1500 do I have a right to demand that thanks!

[@edenwalker5494]

would this also cover something like an Elegoo Mars 3 printer ?

[@BlackBeltBarrister]

As a consumer, yes

[@halloweenjack8655]

Twice I've had problems over things like this. 1, was told it's not a try and buy shop, if the products works it's not their problem (Maplin). 2 Send it to the manufacturer, because that's all we will do anyway (Currys PC World).

[@SilverLoz]

If the product works (i.e. is of reasonable quality, fit for purpose, etc.) then it really isn't their problem if you no longer want it!

[@halloweenjack8655]

@@SilverLoz That was the point. In the Maplin case it wasn't fit for purpose, they were just not interested.

[@codbudgie]

What if it's a corporation-to-corporation transaction?

[@rusticpartyeditz]

Statutory rights apply to everyone.

[@codbudgie]

@@rusticpartyeditz a corporation isn't an individual......

[@franktriggs]

Could you do a breakdown of the difference between what you cover, corporate/legal law, and common law. The titles and 'authorities' that abuse corporate law that ring fences common law. In effect, people following 'corporate', 'legal' advice, versus law made for living beings. As our 'legal' fictions are dead, only exist on paper, and we choose to represent them, we 'agree' a contract under legal law which supersedes common law rights. Edit: There's a MASSIVE difference between a constable and a police officer. A constable takes an oath (ALL police officers take this oath), called the attestation, which says they must uphold the law of the land and protect the public. Yet the title of 'officer' is a legal fiction which serves the corporate world and our legal fictions, only dead things. I believe this to be totally immoral, and is deception in my book.

[@BlokeOnAMotorbike]

Harrisian hogwash. Try reading up on the Law under which we live, where it ALL comes from. We have lived under a Parliamentary democracy for the past 800 years. Practically ALL of the laws under which we must live have come from this era. TAKE NOTE: There is ZERO DIFFERENCE between what is Law and Acts of Parliament. THEY ARE THE SAME DAMN THING. Let me repeat that, louder for you in the back: There is ZERO DIFFERENCE between what is Law and Acts of Parliament. THEY ARE THE SAME DAMN THING.

[@merlin5476]

Dont go to Currys.... . Their excuse for not being able to take back an item is..... Sorry sir, but you have opened the box & therefore we cannot take it back !!!

[@rusticpartyeditz]

If not faulty, they can do that. If faulty, that is illegal.

[@JerGoes]

Currys will tell you 'I've printed the reciept, sorry I can't take it back'

[@tlangdon12]

John Lewis tried this with me on a tumble dryer that was faulty. John Lewis have also been refusing to accept Smart TVs returned under the CRA 2015 because of data protection - they say that the memory of the TVs can't be cleared of customer data by doing a factory reset on the TV, and are using this as the reason that it cannot be returned. My contention is that this is evidence that the TV is not fit for purpose. The memory must be able to be wiped, so that the TV can be returned if it is faulty. If it cannot be wiped, and this is required for a product to be returned, then it is not fit for purpose. Anyone agree?

[@sallybennett7869]

I am going through this now with a hot tub, it's under guarantee, manufactured in China but the dealer is only 4 miles from me but they're not aware of this law, what a timely video, thank you BBB!

[@jonquirk]

Amazon tried to pull this with a faulty toaster. When I pointed out the legal situation they made a “special exception” and refunded me. They are still wrong but I had the outcome I desired so I said thank you and moved on.

[@scott1brayden2]

Amazon are terrible for this

[@worigami]

I have found this is to be Amazon's standard approach and I imagine for them, works pretty well for passing the buck to the consumer/manufacturer. For those better informed you still have to press hard for Amazon to take any responsibility.

[@jamesmorris3123]

@@scott1brayden2 Thats because it's American, they always try to skip over UK laws. I cancelled a agreement with an American company, 14 day cool off, they agreed but continued to still take the monthly payments. I reported them, received all the money back. Then they were put online as a warning that 'this company could con you' as it was discovered they did multiple cons to others users.

[@markhorsburgh76]

I don't know why Amazon would be telling you that you can't return a faulty goods. In my experience it's been easy, and they should know the rules anyway. The problems tend to arise when you are dealing with FBA items that are fulfilled by Amazon but not sold by them. And while Amazon will usually help you best they can, it's usually always best to speak to the seller of the item to get the help you need, and Amazon can contact them for you if necessary.

[@jonquirk]

@@markhorsburgh76 Amazon told me that the return period had been passed and that I needed to contact the manufacturer. My reply was to point out that my contract was with Amazon. That resulted in the change of tune leading them to refund me.

[@stu.k.5875]

Good video, It's really tiresome how many major high-street stores try and fob people off with the take it to the manufacturer excuse. Some products are I believe are covered by even longer guarantees under consumer protection laws, which might also make a good video as well.

[@thestampede3153]

This video should be forwarded to every Currys/PC World in the UK. I'm sick and tired of arguing (at point of purchase) that If a fault develops after the 1st week I have to take it up with the manufacturer as it comes with a manufacturers warranty, explaining manufacturers warranty is in addition to my statutory rights not inplace means nothing to these people, they just reply, 'well that's our policy' I'm no lawyer or barister but I do pay with a credit card so I'm happy to tell them I'll bring it back to them and let the credit card company deal with it.

[@ianwhitlock1123]

Currys are awful for this. I had them refusing to deal with a PS4 that was only a couple of months old. When I quoted the legislation the manager stated "As you have gone down that line, we will now not talk to you any further" and told the employee to walk away from me.

[@PP-ez9hd]

I had the same at Argos , a fire and surround for £500 , it arrived damaged , the Argos manager , told me I’m not paying you anything, you have to claim it back from head office, then walked away from me ,,,, I was 🤬 raging,,, finally got the money , but was major headache,, Iv heard curry’s are bad and PC World

[@nobbycheeseman2915]

This is an example of where the law is written very poorly. It should state that it is an offence for a retailer to tell you the wrong information and a hefty fine issued to any who do where the proceeds go to the customer and an equally hefty amount goes to one of the childrens or homeless charities as a 'victim surcharge'.

[@Varksterable]

So true this. In an age where information flows so freely and rapidly, something doesn't quite add up. Your proposed reforms are exactly the kind of thing that ("ethical") corporations ram down your throats when you stat with them. New-starter-pack-101; We (corporation) value our customers rights. New-reality-pack-101; your direct boss would much rather you fob the customer off and send them elsewhere for help.

[@georgebuller1914]

5:18 - Blimey, hearing this, I'm SO glad that I didn't carry forward my plans to sell adult goods online! ;-)

[@alantheloneranger]

You also have rights for replacement or repair of goods after the one year guarantee. I bought a TV from Argos for £199 and after 14 months it stopped working. I contacted them and was told they couldn't do anything because it was out of guarantee. I pointed out that the one year guarantee was statutory but the item should last much longer. They eventually agreed but because i had used it for 2 months after the guarantee ran out they would give me £180 towards a new one. I think it was known as pro rata. I was told to return it to my local branch and it would be dealt with. When i arrived there i picked out another TV for £199 and i was expecting to have to pay £19 towards it but the manageress said there was no charge and it was a full exchange. I was delighted with the outcome. This doesn't apply to everything though because it depends on how much the item cost and how long it would be expected to last

[@merlin5476]

Argos are normally pretty good with returns / faulty items. Currys are awful.

[@sapiotone]

Curry’s are guilty of this. We had a washing machine go wrong after a couple of months and we were referred to Hotpoint support. Went wrong again after another few months. Utter PITA

[@NeilFLiversidge]

Currys always try this. Totally shit customer service. Avoid.

[@Mike-vh9lz]

I think there are exceptions e.g. for hygiene purposes, goods that may have been customised / modified and orders for bespoke, made to order or personalised items.

[@hippopotamus86]

It may be helpful and reach more people if you put the video subject in the title.

[@loc4725]

The 14 days cooling off period starts the day _after_ the goods have arrived and additionally the retailer *must* refund the initial postage costs regardless of any terms to the contrary (although you may still have to pay to return it).

[@rusticpartyeditz]

The retailer is only liable for standard postage. If you paid extra for special delivery, you are not entitled to the extra postage cost.

[@markhowards420]

Hi , is there any chance you could cover the legality surrounding a " non refundable deposit" Vs a booking fee or whatever the correct phrase might be , please?

[@radioarchives101]

I've only had this once with a vacuum cleaner that was just 8 months old. But in all honestly it was a breeze. I rang the phone number, said it was faulty and they replaced it via courier the next day, and collected the broken one. No questions or arguments over why it failed. I sorted this all out from the comfort of my armchair. The company was Bissell.

[@monkeymox2544]

I used to run customer support for a small retailer and many manufacturers _told us_ to direct customers to them. Sometimes, customers who insisted on dealing with us were just making their own lives difficult. For example, if a customer ordered a product from us that we didn't usually keep in stock, we obviously didn't have an on-hand replacement to send to them, nor did we have the parts or technical experience to perform a repair. The manufacturer can repair or issue an immediate replacement, whereas by going through us we'd just be adding an unnecessary extra step in the chain. Even if we kept something on-hand, it wasn't always the best solution to deal with it ourselves. Some suppliers were great, because they'd allow us to make replacements out of our own stock, and issue us with a credit note for the cost. But others would insist on only replacing damaged or missing components. So we'd have to wait for weeks to receive replacement parts, just to forward them onto our customer. What I'm saying is that you may have a legal right to go through the retailer, but its not necessarily the quickest way of getting your problem resolved. Also, try not to be an actual prick. Some customers would act like we'd actually caused the problem, or maliciously sent out a faulty product. As if we should have opened and inspected everything that came into our warehouse.

[@PhilipBallGarry]

I bought an Onkyo music system from John Lewis and the DAB stopped working after about 9 months. I rang them and they said they would happily facilitate returning it to Onkyo for repair as JL do not have their own repair centre. They did admit the contract for the repair was directly with JL but said, that to speed things up I could send it directly to Onkyo at my own cost of postage. I drove to the store and handed it over. The turnaround was less than a fortnight even with them acting as middle man. Annoying, but fair I suppose.

[@GMMilambar]

A few years ago, maybe 2 years ago now, I bought a £100 computer mouse from a shop that sells PC's and has the word World in its name, and is now named after a certain type of food. The scroll wheel stopped working just days after buying it. When I took it back, they told me to contact Logitech, not them. After 20 mins of stating my rights, politely, they had security remove me. Fortunately Logitech was golden and overnighted me a new mouse, and a box to return the broken mouse in. Stores really don't care about your rights, knowing that most people can't afford to sue them these days.

[@davidspear9790]

Maybe they had an agreement with Logitech that they would supply a new mouse when anyone returned a faulty one. Still not right though. The store should have dealt with it.

[@merlin5476]

Currys are notorious for being crap. I had a washing machine that wouldnt work after 2 days & had to repeatedly argue with them to get my money back, i eventually got a different make from them. My cousin bought a tv which stopped working after 1 day & they said " we cant accept it back because you have opened the box" !!!

[@hazy33]

You can say PC World/Currys you're not on BBC radio/tv now 🙂

[@ForburyLion]

It's worth investigating your options, with xbox games consoles you may be able to get a refund from the store but as the consoles are hard to come by you may prefer to contact Microsoft who will repair it for free, although in reality they seem to just ship you a brand new replacement which is arguably better than having a refund and having to wait for the console to be restocked somewhere.

[@1over137]

Tell this to Letting agents. They will take your money happily, accept it into THEIR account. However, when it comes to getting your deposit back... "Oh you need to speak to the landlord. We are just the agent." I protested that I gave THEM the money, I signed the lease with them, they are my only point of contact, therefore they should get my money back too. Didn't work. Had to chase the landlord myself and threaten him with immediate small claims or legal action to get my deposit back.

[@timtam6442]

Have to say Argos were very good with me. I took a 15 month Samsung TV back and whist they did say it was out of Warranty, when I suggested a TV lasting only 15 months wasn’t fit for purpose, they refunded my money in full without quibble

[@johnhaffenden9576]

Interesting, I bought a lorry load of Haylage, it turned up and was silage, I contacted the person I bought it from, he refused to collect and refund my money, said I should contact his supplier. I took it to court and the Judge found in favour of the person I bought the product from, this if you say is the Law then this undermines faith in the legal system,

[@Chris-hf2sl]

I went through this with B&Q. Years ago, I bought a rubbish bin with a lid that flips up when you press it. The cardboard box it came in said "5 year guarantee", which is one of the reasons I bought that particular bin. Well, about 3 years later, the lid stopped flipping up when pressed, so I took it back. Whilst I hadn't saved the whole box, I did retain the part with the 5 year guarantee, which of course I showed them. As expected: "Ah, that's the manufacturer's guarantee, so you'll have to take it up with them. We only guarantee things for one year." After a 'long discussion' in which I pointed out pretty much what BBB said, they finally relented and gave me a new one.

[@Chris-hf2sl]

I've just remembered another issue I had with a supplier. I installed my own kitchen with two adjacent sinks and fitted identical Franke taps in each sink. They came with 5 year warranties. After a couple of years, one started leaking and it turned out that this was a common problem and that therefore Franke had redesigned the tap mechanism. The supplier agreed to send me replacement mechanisms for the faulty tap but when they arrived, it became clear that they looked completely different to the old design and therefore didn't match the tap in the adjacent sink. I complained and said this was unacceptable and explained why. I said they either needed to send me one that looked identical to the faulty one or if they preferred I would accept two replacements, one for each tap (even though I preferred the look of the old design). Supplier: "We're not sending you a replacement for the tap that's not faulty." Me: "OK, no problem, I was just trying to be helpful. So send me an identical replacement for the faulty one." Supplier: "We can't do that, it's no longer manufactured." Me: "That's not my problem. The tap is under guarantee, so you'll have to order a special one off replacement to be manufactured at whatever it costs." Supplier: "That's ridiculous, that would cost thousands." Me: "I agree; that's why I offered you a way out, by replacing both tap mechanisms." I got nowhere with the supplier, but when I complained directly to Franke, they immediately shipped two sets of replacement mechanisms with no argument whatsoever.

[@ForburyLion]

If the store you buy it from is likely to go bust, it may be best to deal with the manufacturer rather than hand your items to the store to organise repair and then find they've gone into adminstration

[@Chris-hf2sl]

That's why you should always pay for items over £100 by credit card. Then if the supplier or manufacturer can't or won't fix the problem, you can get your money back from the credit card company.

[@Steve_Wardley_G6JEF]

It's some years ago, so might have changed by now but when I worked at B&Q, if we sold a Mountfield mower and there was any problem with it, it said on the box to ring an 0800 number to get help. Does this get around the legislation somehow. We had loads of people trying to return mowers they had taken home and not put any oil in the engine and just seized them up.

[@BlokeOnAMotorbike]

funny story, I bought a weed whacker from B&Q last year, it went back 24 hours later after the first time I used it - the blade guard had vibrated loose(!) and got caught by the high speed spinning carbon steel cutting blade, sending bits of plastic shrapnel everywhere and seizing up the gearbox housing as it ingested some of it. The refund was shockingly immediate and grovellingly apologetic complete with cup of coffee and chat with the manager in his office to make sure I was OK. I'd shop there again.

[@fivish]

My Lawn Chief mower is 46 years old. Has a B&S 150cc 4 stroke engine. Changed the oil for the first time 2 years ago. Always starts 3rd pull!

[@gypsygem9395]

@@fivish the old things are the best! They knew how to make quality goods in those days

[@rusticpartyeditz]

The phone number does not affect your statutory rights. But if the shop can prove the customer wrecked the mower, they are not required to give a refund.

[@Mean-bj8wp]

Had this with curry's about an LG washing machine they want us to go to LG but that was a firm no in the end we were invited in store to pick a replacement machine with full value credit which we did, thing is the LG was on on sale so we were credited back with more than we paid (we Informed them in store but just said the amount is what it is) so we just got a couple of extra things. The replacement Samsung also developed a fault but this time we went direct to Samsung who had it repaired very quickly, then a year later the same fault and again Samsung fixed it under warranty. Then it went a 3rd time but this time we went through D&G insurance as out of warranty (insured at purchase for 5 years) and it was fixed again no problem. Each time a new door needed. Dealing with Samsung and D&G was a breeze curry's not so much.

[@danzelwasherton1234]

Does this apply to second hand retailers like CEX? I had a bad experience with them once as I was dubious about buying a phone from them and the sales assistant reassured me that if there was any issues at all I could get a full refund. Turned out the battery lasted 20 minutes on a full charge so I took it back with the receipt and asked to change it for another phone of the exact model as they had a few in stock. They refused any service until I put up an argument and other customers started to leave the que and only changed it under duress.

[@BlokeOnAMotorbike]

yes. ANY retailer selling secondhand electronics has a responsibility like any other retailer to ensure that not only does the equipment function as intended, but that it functions in a safe manner. This more often than not includes new batteries. Sold-as-seen is illegal in England.

[@davidspear9790]

@@BlokeOnAMotorbike I thought 'sold as seen' was ok as long as it's made clear to the purchaser. Normally in private sales.

[@BlokeOnAMotorbike]

@@davidspear9790 "Fit for purpose" is generally far more appropriate, if accurate.

[@Mike-vh9lz]

@@davidspear9790 I think the provision of sold as seen is not a defense for retailers to sell sub standard products. If it is their business they should understand the products they are selling and describe them suitably listing any issues or defects. With a private seller or a business to business sale this would have to be considered differently but in my opinion and it is just my opinion, it would be unwise for anyone to attempt to hide behind sold as seen should they know of faults / defects at the time of sale. The success of any claim in these situations would likely hinge on whether the seller would have reasonably known of the faults and / or whether the buyer should have reasonably checked.

[@ysgol3]

Very nice and clear, thank you. I was a lecturer in consumer law for 25 years, gave many talks as well to adults (including shopkeepers!) and the general lack of awareness of basic legal principles amazed me. Of course I don't blame the people themselves, I've always thought that basic legal principles - consumer matters, basic police law, privacy etc - should be part of the National Curriculum. Students, if taught properly, love learning this sort of thing. Having said that, schools with limited budgets would give the responsibility for teaching this topic to people 'light' on their timetables, in other words to teachers with no deep legal knowledge. Of course they could be given notes to teach from, but the complexity within the law which we both know about (!) may lead to inadvertent teaching mistakes. Ah well, I've always been a dreamer, and I'm not the only one...

[@simonmorrison8570]

If I received a pound every time a customer came in to my store demanding a refund on an unsuitable item and that their wife/husband/partner was a lawyer and they ‘knew their rights’ I could have retired years ago. My favourite conversation was the ‘invitation to treat’ rule when someone had swapped over a price tag on a high value item. “You have to sell it to me at that price mate” they would say. And so an education into contract law would ensue. Happy times :)

[@ysgol3]

@@simonmorrison8570 Hi, LOL, though of course it's not funny when you're the victim of false claims! You provide more great evidence in favour of people being taught their rights (and therefore what are not their rights) during their education, thank you!

[@mattx4253]

I just sue everyone. Employers. Retailers. Banks. House builders. You might call me a serial litigant but that’s why I always win.

[@thedolphin5428]

Yeah, what you say is legally true. But ... what a pain in the arse it is when you have to return the goods *at YOUR EXPENSE* to the seller, then wait and wait till they on-send it back to the manufacturer for fault diagnosis and thus a manufacturer's warranty claim by the seller, and then wait and wait for the replacement to be sent out. The seller has no legal obligation to do an immediate swap replacement. I'm currently going through this with a fridge ... a fucking $1,200 fridge. No cold, perishable food for 3 weeks thus far. Of course, it makes you want to cut your losses, buy another one somewhere else, and get on with life ... or go to Consumer Affairs for refund and compensation.

[@SpareSomeChange8080]

I always tell them "it's your company's name on my receipt, and your company's name on my bank transaction, that makes it _your_ problem, deal with it". Just-Eat tried this with me when I rejected a meal that turned up cold and they still charged me; they told me to contact the restaurant, and I told them they need to deal with it and they did after a couple of threats.

[@marchampson006]

Jonathan Vernon-Smith at BBC Three Counties Radio Consumer show is always reminding ups of the Consumer Act. Marc In Bletchley