Consumer Rights and the Law

Burden of Proof

It can be difficult for consumers to prove a fault, however, the Sale & Supply of Goods to Consumers Regulations 2002 (SSGCR) took effect in March 2003 and took care of that. This gives you, the consumer, more clout by strengthening specific aspects of the SGA.

The regulations now say that consumers no longer have to prove that items were faulty at the time of purchase, as was previously the case. This shifts the burden of proof in any dispute to the retailer. Since the regulations came into force, if a fault arises within six months of purchase it will be presumed to have existed at the time of delivery.

In addition, any guarantees offered by the manufacturer or retailer will be legally binding and must be written in plain language with clear details on how to make a claim. They must also be available to view before buying. For example; it you buy a monitor with a three-year guarantee, the company you bought it from is legally obliged to honour that guarantee.

The SSGCR also gives consumers the right to request a repair or replacement if goods are faulty (Surprised?). Until March 2003 that wasn’t one of your rights, it is now.

If you choose this route, you have to give the retailer a reasonable chance to repair or replace the goods, before demanding a full or partial refund. This is the ideal course of action if faults appear more than six months after purchase.

Related to the SGA and SSGCR is the Supply of Goods and Services Act 1982 (SGSA), which provides protection for services such as disputes with Internet Service Providers (ISPs). This requires a supplier of a Service in England, Wales & Northern Ireland to ensure services are delivered within a reasonable time, at a reasonable rate, and with reasonable care & skill. In Scotland, such contracts are subject to Common Law.

Contract of Sale

Goods may also come with a manufacturers’ warranty and this is an added bonus. Typically these run for 12 months from purchase, but in some cases this can be longer.

Lets clear up one common misconception about manufactures’ guarantees, one that retailers are all to fond of quoting - "Your Contract of Sale is with the company that accepts your money". More often than not that means the Shop you bought it from. If a retailer tells you that it has no responsibility for returning or repairing goods, it has misinformed its staff. It may be “company policy” but the phrase has NO MEANING or significance in LAW. Having said that, it can sometimes be easier to deal directly with the manufacturer, but don’t let retailers make you jump through their hoops.

While I’m on the subject, here is another area of misunderstanding: the SGA protects consumers for up to six years after purchase in England (five in Scotland). But that does not mean goods are expected to last this long … it is the period during which one could commence proceedings to take the matter to court. Be realistic about the life expectancy of a computer or its components, a car on the other hand is another matter.

One final Law that protects you is the Consumer Protection Act 1987 (CPA), which covers Health & Safety. If you are injured by a defective product, you may have the right to sue the manufacturer for damages, providing you haven’t used the item inappropriately.

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.

Costs vary, with court fees of £30 for a claim not exceeding £300, to up to £5000 for claims not exceeding £5,000 and these are usually paid up front. If the verdict goes against you, an appeal can be lodged at £80.