Consumer Rights and the Law

Author: muckshifter
Published on: 23-05-2004
Views: 25938


Discuss this article [9 comments]

Common Problems and Solutions

Questions often asked when dealing with computers and the law

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?

Unfortunately, at the moment the answer is yes. You can report the matter to ICSTIC but you have little redress against the company that has infected you with this dialler, even though it is illegal. ICSTIC 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.

Watchdog ICSTIS has a new licensing agreement that means that telephone networks such as BT & Cable companies cannot lease premium rate numbers to companies until they see written conformation from ICSTIS that permission has been granted.

BT has already promised to stamp down on rogue diallers by blocking the premium-rate numbers believed to be associated with them.

Why not give your Telephone provider a call - ask them what is their policy, and if you can have premium-rate numbers blocked anyway.

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 quickly. Other rights we’ve discussed in this article 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.

Conclusion

Some final advice...

As you’ll now know, consumer protection law is a complicated business, but I hope you have a better understanding of your rights after reading this article. The question of interpretation is always important when considering entering into any dispute. Whether by starting a small claims action or simply taking an item back to the shop, consider the situation objectively. Before claiming that a manufacturer or retailer has not fulfilled its responsibilities, ask yourself if you have fulfilled your responsibility as a buyer. If so, insist upon your rights.