Advice to consumers

Frequently Asked Questions

Information and advice to consumers. When you buy goods from any business you have certain civil rights.

Advice and support for consumers in Solihull is now provided by Consumer Direct.

Consumer Direct is a telephone and online consumer advice service, which is supported by local authorities in The West Midlands and by Government.

Consumer Direct works in partnership with Local Authority Trading Standards Advice Services offering first level advice and information on a wide range of consumer issues. More complex problems, or complaints requiring further investigation or assistance are referred to Trading Standards or other advice services

To speak to a Consumer Direct adviser, please call 08454 04 05 06. Opening hours are 8.00 a.m. and 6.30p.m. Monday - Friday or 9.00a.m. to 1p.m. on Saturdays. (Minicom users should call on 08451 28 13 84).

A wide range of consumer information and advice is also available online from the Consumer Direct website at http://www.consumerdirect.gov.uk/

What rights do I have if I buy faulty goods?

The goods must be:

• must be of 'satisfactory quality'. The goods must be free from defects except when they have been brought to your attention
• must be 'fit for their purpose'. The product must be able to do what it was sold to do. The product must also be able to do anything the seller says it will do.
• must be 'as described' on the package or display sign. If you buy a food product with a label stating that it is 100% fat free, then that is what you should get.

If the goods do not meet these standards you are entitled to reject them and get your money back, as long as the goods are returned within a "reasonable" period (normally a few weeks). You do not have to accept a repair, a credit note or replacement (although you may want to consider this if you've had the goods for some time).

You also have the right to require the seller to repair or replace the goods within a reasonable time and without causing you significant inconvenience. If this would be impossible or disproportionate (eg. the cost of a repair would be more than you paid for the item), or the retailer does not repair or replace without inconvenience within a reasonable period you can require them to reduce the price of the goods by an appropriate amount or rescind the contract.

Some retailers may argue that any fault is a result of you damaging the goods in which case you would need to prove that this is not the case, perhaps by obtaining an independent expert opinion. Ultimately you might have to prove your case in Court. If you had to pay for an expert opinion you can claim the cost of this as well as the refund.

What about services rather than goods?

When you purchase a service such as having a car repaired or employing a builder to carry out some work, you are legally entitled to certain minimum standards of service. The service should be carried out:

• with reasonable care and skill
• within a reasonable time
• for a reasonable price - providing the cost was not agreed beforehand

If these requirements are not met, you may be able to sue the trader for compensation. Alternatively, the person or organisation may be a member of a trade association or other professional body to whom you can complain; be regulated; or have a Code of Practice which they may have to abide by.

The shop wants to carry out a repair - What if they are still faulty?

You have the same rights as before you agreed to the repair - prior to having the repair carried out, let the shop know you are reserving the right to reject the goods if the repair is not carried out satisfactorily. You should give the vendor a reasonable opportunity to repair goods - especially if the fault is minor and the goods can be put into new condition.

Do I need a receipt to get a refund?

Basically, the answer is no but you will need another proof of purchase. This could be a bank statement indicating the purchase, credit card counterfoil or even a witness who saw you make the purchase. A receipt however is obviously the best proof of purchase you can get so look after it until you are sure that the goods are okay.

The goods I wanted were marked at a low price but the shop refused to sell them to me. Can they do this?

Yes. A shop is not required to sell you anything, or at any price on display. They are making what's called an 'invitation to treat', which can be withdrawn at any time. However, price indications should not be misleading as it could be an offence under the Consumer Protection Act 1987. If you think you are being mislead, you should report it to Trading Standards.

What if the shop refuses to refund my money?

If the shop ultimately refuses to refund your money and you feel you have a good case you must take action yourself. If the value you are claiming is less than £5,000, you can use the small claims procedure. This procedure is designed to be as simple and inexpensive as possible. If the claim is over this amount, you can still take action to recover the total claim through the County Courts.

It would be advisable to seek advice first, from Trading Standards.

Contact Details

Consumer Advice and Information in Solihull, is now provided by our partners at Consumer Direct. Consumer Direct is a telephone and online consumer advice service, which is supported by local authorities (Trading Standards) and Central Government. If you do need support or assistance from Trading Standards, you will of course be referred to them by Consumer Direct.