Fight those retailer fob offs!

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We’re doing online shopping now more than ever, and with that comes an array of problems with deliveries and a host of fob offs that retailers use.

Consumers won’t forget those firms that have done the right thing and firms who have frankly taken liberties with their staff and customers. Firms that don’t treat their customers fairly will eventually end up with none at all. Once trust has been lost in a business, it’s very difficult to turn it around.

Here are the 5 most popular fob offs you are likely to face when dealing with retailers.

 

1.     YOU NEED TO CONTACT THE COURIER FIRM

This fob off is trotted out when a delivery has gone missing, is late or has simply not turned up. The contract you have entered in to is with the retailer and not the courier firm. It is up to the retailer to resolve this under the Consumer Rights Act 2015 (CRA).

 

2.     YOU NEED TO SPEAK TO THE MANUFACTURER

This is a catch all fob off that is used for all appliances that have been sold by many retailers. Staff often use this in their shops for Apple products and I have seen it used for fridges, TVs, washing machines and other appliances. Your contract is with the retailer – not the manufacturer. It is up to the retailer to resolve this under the CRA.

 

3.     THE WARRANTY DOES NOT COVER THIS FAULT

Yet another popular fob off and blatant lie. The CRA gives you free cover for up to 6 years in England and Wales and 5 years in Scotland.

Goods need to be:

• Fit for purpose

• As described

• Satisfactory quality

• Last a reasonable length of time

The warranty is irrelevant.

 

4.     WE CANNOT GIVE A REFUND AS THE PRODUCT IS OUT OF WARRANTY

You do not need to rely on a warranty as the CRA And your consumer rights override it. You are entitled to a refund within the first 30 days from the date of purchase. If you discover any faults within 6 months of ownership, the presumption is that the fault was there from the outset unless the retailer can prove otherwise. This is where you apply the reverse burden of proof. The onus is on the retailer to prove that the fault was not there at the time you purchased the product. You need to give the retailer one opportunity to remedy the faults and if this fails, you have the right to reject the goods and demand a full refund without deductions. If 6 months has elapsed, the onus is on you to evidence that the fault was there at the time of purchase. This can be evidenced by an expert opinion or evidence that this is a common fault with this product.

 

5. YOU / WE WILL HAVE TO RETURN IT TO THE MANUFACTURER 

This is one of the most popular fob offs and lies used by retailers. Your contract is with the retailer – not the manufacturer. It is therefore up to the retailer to resolve the problem under the CRA. You are entitled to a repair, refund or a replacement. 

 

Scott is a consumer expert and offers advice on a wide range of consumer issues and motoring disputes. He self-published a consumer book in September 2016 based on a lifetime of bad and unique experiences he was able to resolve alone to empower consumers and raise awareness of consumer rights.

 

He has been featured in the Daily Mail as 1 of 5 of the best consumer champions in the UK and is a go-to expert for many journalists. He is regularly featured in the media and on BBC local radio stations across the UK and hosts the website www.thegrumpygit.com where he creates content and gives advice to consumers.

 

 

 

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