Know your rights

Consumers in the UK are protected by a set of laws that aim to ensure fair trading. But as a result of today’s numerous and varied avenues for trading, such as discount stores, markets, the Internet and even car boot sales, consumers are often unsure, or simply unaware, of their rights under consumer law.

In this feature we set out your rights and outline some of the ways in which disputes can be resolved.We’d like to be able to say that all the advice offered in this feature is legally binding and definitive, but corporate lawyers would boil us in printer’s ink for making such a claim, especially as there are many variables. In addition, much of the advice offered applies to England and Wales, so readers in Scotland should double-check their position at www.scotcourts.gov.uk.

Consumer protection law is not a set of absolute guidelines and guarantees that operate on the understanding that the customer is always right. The laws afford reasonable redress to those with a genuine grievance, but defend retailers that trade lawfully. And while some aspects of consumer law provide clearly defined remedies in specific circumstances, much of it is merely a set of guidelines for dispute resolution.

There are few black and white answers, and many of the legal points covered here are in the context of how a judge in the small claims court (properly called the Small Claims Track, or the Sheriff’s Court in Scotland) might interpret the situation.

For consumers buying hardware and software the number of variables that can cause faults is far higher than in most other consumer purchases. There are no special rules for IT goods, and proving to a judge that an item failed because it was inherently faulty rather than because it had been misused or damaged by third-party elements such as applications or malware, could be tricky, especially as the majority of judges are not renowned for their technical acume n. So up front we’ll say that a court hearing should be the last resort and should only be pursued when all other avenues have failed.

Know it all

Knowledge is power, and like all clichés this is grounded in truth. Shop assistants, call centre staff and complaints departments generally have well-rehearsed lines to deal with dissatisfied customers.While many give accurate answers that are within the law, many also attempt to fob off complainants with nonsense about ‘company policy’. No company that operates a retail business is immune from consumer protection law; company policy is usually an idea of how the company would prefer to handle complaints, not a barrier to your rights. Understanding what these are and how best to invoke them is your best defence against poor products and service. It’s amazing how quickly a company changes its approach to a complaint once the customer starts to explain exactly why they are in the right.