Know your consumer rights - Part 2: Solving disputes

Top tips
Solving a dispute is always easier if you have kept your receipts, but under the Sale of Goods Act 1979 it is not essential, especially if you have paid by credit card or cheque.

The small claims court

Sometimes, the only way to resolve a situation is to take your opponent to the small claims court.

"Very often the threat alone will concentrate a retailer's mind on settling the case. It can be far cheaper for a company to settle out of court even if they don't admit liability," points out lawyer George Gardiner.

Costs vary, with court fees of £30 for a claim not exceeding £300, to up to £500 for a claim not exceeding £5,000 and these are usually paid up front. If the verdict goes against you, an appeal can be lodged at £80.

Am I protected buying overseas?
Generally, yes. The SSGCR and DSR legislation are European Union (EU) directives, so UK shoppers can be confident of similar protection in other EU countries. In the US, UK consumer law cuts no dice, even though a retailer should abide by our regulations.

Even if you are buying from within the EU it can be very hard to get redress. A good port of call is the Association of European Consumers.

Problem solved
My PC has never worked properly despite going back for repairs several times. I say it's faulty and want to reject it but the shop says it's not faulty. What can I do?

This is the time to get in the experts. Remember, refurbished components are often used in repairs so you could still have one that is not working correctly. With an independent report you can give the company the options to put this right and then, if it still refuses, take you case to the small claims court.

The company I bought my PC from has ceased trading. What happens to my warranty now?

If you paid by credit card you can get a refund under the Consumer Credit Act, depending on how long the warranty has left to run. Also, depending on the time you have had the PC, the credit card company may be liable for repairs or replacements.

Somehow one of those porn diallers downloaded to my PC and my phone bill is huge. Do I have to pay this?

Unfortunately, at the moment the answer is yes. You can report the matter to Icstis but you have little redress against the company that has infected you with this dialler, even though it is illegal. Icstis does levy fines of up to £5,000 per offence but it is up to you to demand your money back from the offending company, which won't be your telephone provider. This is difficult because the porn dialler companies are usually based outside the UK.

My broadband service is rubbish but my internet service provider says I have to honour the 12-month contract.

This sounds like a job for the the Supply of Goods and Services Act 1982. You will need to prove that your service falls short of what was agreed or that the supplier has not used reasonable care or skill; if the supplier is found to have failed to supply the service, you can break the contract.

I told the sales assistant that I wanted a webcam with an integral microphone, but the one I was sold hasn't got one. Can I take it back?

If you can prove you were misled, yes. This is a case of misrepresentation and the SGA also applies because it is not fit for purpose or as described. Return it immediately.

I bought some second-hand memory very cheaply from a market. When I installed it in my PC, some programs wouldn't work anymore and the whole thing has slowed down. I had to hire a specialist to get the PC back to normal. Can I sue the market trader for my losses?

No; goods bought second hand do not have to be "fit for purpose", only "as described". If goods are unbelievably cheap, you have to ask yourself whether you believe in such a good bargain. This case should be filed under "buyer beware".

I bought some goods online, but when I received them I decided I didn't want them. Now the company has charged me for return postage and a restocking fee.

A restocking fee is illegal under the Distance Selling Regulations 2000. If the retailer wants to make you pay for the return postage it has to make this clear in its Terms and Conditions, otherwise it can't charge you.

I bought from a private seller in an online auction and am not satisfied. What are my rights?

If the goods were not as described, you can return the product to the seller for a refund but this must be done swiftly. Other rights we've discussed in this feature probably won't apply unless you can prove the seller was a business (has 'power seller' status or goods available at a fixed price, such as the Buy Now option on some eBay items). In that case, the usual laws would apply to them.

I have been charged VAT on goods I bought from the United States. Is this right?

Yes. As of July 2003, the UK government began levying VAT on imports from outside the EU.

A local computer shop gave me an estimate for repairing my PC but has now called to say it will cost more. Shouldn't they stick to the agreed price?

An estimate is not an agreed price. You should have asked for a quotation, and this would set out exactly what work was to be done for what price. To increase this price, the shop would have to prove that extra work not mentioned on the quotation was necessary.

I bought a new power supply for my computer. When I installed it on my PC it caused internal damage. The retailer will refund me the money for the faulty power supply but will give no compensation for the other damage it caused.

Under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002 the product was not fit for purpose, and because of this you suffered other losses. Remember, you should not be left out of pocket.

Know your consumer rights - Part 1: The basics