To reject a second hand car that you bought from a dealer:
-------------------------------------------
[Your address]
Manager/ Owner
Dealership address
Dear Sir/ Madam
Ref: [registration number of vehicle]
On [date] I purchased, and took delivery of, the above vehicle [make and model] from you. On [date] I discovered that it was not of satisfactory quality: [describe the problem].
Section 14 of the Sale of Goods Act 1979 requires dealers to supply goods of satisfactory quality. However, the vehicle is clearly unroadworthy. You are therefore in breach of contract.
I am legally entitled to reject the vehicle and to be reimbursed for its full purchase price of [£xx]. I look forward to receiving your cheque for this sum within 14 days. If you fail to reimburse me I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you.
Yours sincerely
[Your name and signature]
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Second-Hand Cars - Common Questions
Misleading description of a second hand car:
I bought a second hand car from a private seller who advertised in the local paper. He said that the car was in excellent condition and had been serviced regularly but a week after I bought it, it broke down and now needs expensive repairs. What can I do?
Since it is clearly not true that the car was in ‘excellent condition’, you have two possible claims against the seller: ‘breach of description’ and ‘misrepresentation’. In either you can reject the car and get your money back, or keep it and ask for compensation (usually the cost of repairs).
Contact the seller, explaining what happened, and what you want done. If they refuse to do what you ask, you will have to take them to small claims court. However, you must have the seller’s address to be able to do this.
Repairs needed soon after buying
I bought a second hand car from a private seller and it needed new brakes two weeks later. Shouldn’t the seller have told me that the brakes needed replacing? And can I claim against the seller for repairs?
No. Unless the seller specifically told you that the car was in good condition, you don’t have a claim against him.
By law the car only has to meet the description that the seller gave you, and you don’t have a right to claim just because it needs repairs. There is no obligation that a seller must reveal everything about the second hand car – only that what they do tell you is true.
The car had been stolen:
Last year I bought a second hand car from a private seller. The police have just told me that it was stolen before I bought it. Now the original owner wants it back. What are my rights?
You will probably have to give the car back. The original owner from whom the car was stolen has the right to ask for the car back. If you refuse, they could take you to small claims court and the court might order you to pay the full cost of the car to the owner or give the car back.
You would have to go to court to recover the full price of the car from the person that sold it to you. And, in the case of a private seller, this might be easier said than done, because, even if the court found in your favour, you may have to take further steps to get them to pay up.
I bought a second hand car from a private seller who advertised in the local paper. He said that the car was in excellent condition and had been serviced regularly but a week after I bought it, it broke down and now needs expensive repairs. What can I do?
Since it is clearly not true that the car was in ‘excellent condition’, you have two possible claims against the seller: ‘breach of description’ and ‘misrepresentation’. In either you can reject the car and get your money back, or keep it and ask for compensation (usually the cost of repairs).
Contact the seller, explaining what happened, and what you want done. If they refuse to do what you ask, you will have to take them to small claims court. However, you must have the seller’s address to be able to do this.
Repairs needed soon after buying
I bought a second hand car from a private seller and it needed new brakes two weeks later. Shouldn’t the seller have told me that the brakes needed replacing? And can I claim against the seller for repairs?
No. Unless the seller specifically told you that the car was in good condition, you don’t have a claim against him.
By law the car only has to meet the description that the seller gave you, and you don’t have a right to claim just because it needs repairs. There is no obligation that a seller must reveal everything about the second hand car – only that what they do tell you is true.
The car had been stolen:
Last year I bought a second hand car from a private seller. The police have just told me that it was stolen before I bought it. Now the original owner wants it back. What are my rights?
You will probably have to give the car back. The original owner from whom the car was stolen has the right to ask for the car back. If you refuse, they could take you to small claims court and the court might order you to pay the full cost of the car to the owner or give the car back.
You would have to go to court to recover the full price of the car from the person that sold it to you. And, in the case of a private seller, this might be easier said than done, because, even if the court found in your favour, you may have to take further steps to get them to pay up.
Second-hand Cars - How to complain
Problems with a second hand car bought from a dealer:
What should you do if the second hand car you’ve bought is not as described, is not of satisfactory quality or fit for the purpose?
1. Contact the dealer
Contact the dealer about the problem as soon as possible and do one of the following.
If you bought the car a short time ago, say less than three to four weeks, say that you are rejecting the car and want a full refund. Once you have rejected the item you must stop using it.
If you can’t or don’t want to reject the car, write to the manager or owner of the dealer saying that, under the Sale of Goods Act they are in breach of contract and you want them to pay for any repairs.
If you paid for the second hand car on your credit card (or with another type of credit, such as a loan) your credit provider is jointly liable for any breach of contract (as long as the car did not cost more than £30,000).
If the car dealer won’t help, contact the credit company to say either that you are rejecting the second hand car, or that you want to claim for repairs. If the card company or credit provider won’t help, you can take your case to the Financial Ombudsman Service.
2. Write again
If the dealer refuses to accept liability and do what you've asked, write again giving them a final chance to resolve the matter. Tell them that, if they do not act, you will be taking your claim further. This could be either:
- Referring the problem to your credit provider if you used credit to buy the second hand car, or
- Send a ‘letter before action’, explaining that you will take legal action for breach of contract if it doesn’t act.
3.Take it further
If the dealer still doesn't sort out your problem, you can either:
- Take up the matter with your credit provider, or
- Start court proceedings
If the value of the second hand car, or of the repairs you want done, is below a certain amount (£5,000 in England and Wales or £3,000 in Scotland or Northern Ireland), you can use the small claims court.
If your claim is for more than this amount, you'll have to use the full court, which is more complicated and could be costly.
Check your and policies to see if they include legal expenses cover, which might pay for your legal costs to take action in the full court.
Problems with a second hand car bought from a private seller:
Head back to the seller
Go back to the seller as soon as you discover the problem, and say that you're rejecting the second hand car and want your money back.
If it’s too late (or you don’t want to) reject the second hand car, ask them to pay for whatever is needed for the car to meet the description they gave. For example, if they told you that it had four new car tyres and you discover that two of them are very worn, then you claim for the cost of two new car tyres.
4. Give them a final chance
If they refuse to do what you ask, give them a final chance to act, and tell them that you will take the case to the small claims court unless they meet your request.
5. Take the matter to a small claims court
If they still don’t pay up, take the matter to small claims court if the amount you're claiming is below the limits for small claims (£5,000 in England and Wales, £750 in Scotland and £2,000 in Northern Ireland).
What should you do if the second hand car you’ve bought is not as described, is not of satisfactory quality or fit for the purpose?
1. Contact the dealer
Contact the dealer about the problem as soon as possible and do one of the following.
If you bought the car a short time ago, say less than three to four weeks, say that you are rejecting the car and want a full refund. Once you have rejected the item you must stop using it.
If you can’t or don’t want to reject the car, write to the manager or owner of the dealer saying that, under the Sale of Goods Act they are in breach of contract and you want them to pay for any repairs.
If you paid for the second hand car on your credit card (or with another type of credit, such as a loan) your credit provider is jointly liable for any breach of contract (as long as the car did not cost more than £30,000).
If the car dealer won’t help, contact the credit company to say either that you are rejecting the second hand car, or that you want to claim for repairs. If the card company or credit provider won’t help, you can take your case to the Financial Ombudsman Service.
2. Write again
If the dealer refuses to accept liability and do what you've asked, write again giving them a final chance to resolve the matter. Tell them that, if they do not act, you will be taking your claim further. This could be either:
- Referring the problem to your credit provider if you used credit to buy the second hand car, or
- Send a ‘letter before action’, explaining that you will take legal action for breach of contract if it doesn’t act.
3.Take it further
If the dealer still doesn't sort out your problem, you can either:
- Take up the matter with your credit provider, or
- Start court proceedings
If the value of the second hand car, or of the repairs you want done, is below a certain amount (£5,000 in England and Wales or £3,000 in Scotland or Northern Ireland), you can use the small claims court.
If your claim is for more than this amount, you'll have to use the full court, which is more complicated and could be costly.
Check your and policies to see if they include legal expenses cover, which might pay for your legal costs to take action in the full court.
Problems with a second hand car bought from a private seller:
Head back to the seller
Go back to the seller as soon as you discover the problem, and say that you're rejecting the second hand car and want your money back.
If it’s too late (or you don’t want to) reject the second hand car, ask them to pay for whatever is needed for the car to meet the description they gave. For example, if they told you that it had four new car tyres and you discover that two of them are very worn, then you claim for the cost of two new car tyres.
4. Give them a final chance
If they refuse to do what you ask, give them a final chance to act, and tell them that you will take the case to the small claims court unless they meet your request.
5. Take the matter to a small claims court
If they still don’t pay up, take the matter to small claims court if the amount you're claiming is below the limits for small claims (£5,000 in England and Wales, £750 in Scotland and £2,000 in Northern Ireland).
Second-hand Cars - Your Rights
Whether you’re buying an old banger from a friend of a friend or a year-old luxury motor from a car dealer, there are lots of pitfalls to look out for when buying second hand cars. So it’s important to be aware of your rights and to think carefully before buying.
Your rights if you buy second hand cars from a dealer:
When you buy a second hand car from a dealer, you have a right, under the Sale of Goods Act 1979, to expect the car to:
- Be of satisfactory quality (taking into account its age and mileage)
- Meet any description given to you when you were buying it, and
be fit for the purpose (for example, to get you from A to B safely)
If the second hand car does not meet these requirements you have a right to claim against the dealer for breach of contract.
Your right to reject a second hand car:
If there's a problem with a second hand car soon after you’ve bought it, for example, the car develops a problem you wouldn’t expect for the car’s age and mileage, or it turns out to be not what you’d been lead to expect, you may have the right to ‘reject’ the car and get your money back.
However, you have only a ‘reasonable’ time to reject a second hand car. There’s no clear definition of what a reasonable time is – you probably need to do it within three or four weeks of buying it. And if the fault is very obvious you may have less time.
If you reject a second hand car you must stop using it.
Your right to claim for the cost of repairs:
If it’s too late to reject the second hand car (or you don’t want to) you can ask the dealer for a repair or replacement. If the dealer refuses, you could:
- Claim from it the cost of getting the second hand car repaired elsewhere
claim for a reduction in the purchase price, or
- Return the car and get the money you paid back, less a deduction for the use you’ve had (called ‘recision’).
However, if your claim is worth more than the small claims limit where you live (£5,000 in England and Wales, £3,000 in Scotland or Northern Ireland) you may need to take advice before you act, because you may risk facing time-consuming and expensive court action.
If you get a warranty or guarantee with a second hand car, you may be able to claim on that to get any problems fixed. However, this doesn’t affect your legal rights, and you could still either reject the car, or claim against the dealer.
How a trade association can help with second hand car problems:
Some motoring trade associations have complaints schemes that can sort out problems between car dealers and customers. Check whether the dealer you bought from is a member of a trade association and whether it has a complaints scheme.
One of the main trade associations, the Retail Motor Industry Federation (RMIF), has a conciliation and arbitration service to deal with disputes about second hand cars.
If you bought your second hand car on credit:
If you bought your second hand car with a credit card or with credit provided by the dealer, the card company or credit provider is jointly liable with the dealer for any breach of contract, so you can also claim from them.
If the credit company refuses your claim, you could then take the matter to the Financial Ombudsman Service.
If you bought your second hand car on hire-purchase (HP):
If you bought your second hand car on HP, your rights are against the HP company, not the dealer, so you must take up any problems with it, not the dealer. However, you rights are different and if you have a serious problem, and the HP company won’t help, you will need to seek legal advice.
If you buy a second hand car privately:
If you buy a second hand car from a private seller you have fewer rights than if you buy from a dealer. Key parts of the Sale of Goods Act don’t apply – there is no legal requirement that a car is of satisfactory quality or fit for its purpose.
However, legally, the seller must:
- Accurately describe the second hand car (for example, an advert must not say ‘one owner’, when the car has had several)
- Not misrepresent the second hand car (tell you something about the car which isn’t true – so, for example, if you ask whether the car has ever been in an accident, the owner must answer truthfully)
If the second hand car you buy was stolen:
Anyone selling goods (including second hand cars) must be the legal owner or the sale doesn’t count. If a second hand car is stolen, the legal ownership of the car usually remains with the original owner. So, even if you buy it, in most cases it won’t legally belong to you.
If you discover the second hand car you’ve bought is stolen you should contact the police. It’s most likely that you will have to return the car to its rightful owner.
There are some exceptions to this and the situation is complex so you should seek legal advice. The only way to get your money back is to try and reclaim the cost of the car from the person that sold it to you.
If the seller has mislead you about the second hand car:
If something you buy is not ‘as described’, or if the seller is guilty of misrepresentation, you are entitled to:
- Give the second hand car back and get your money back, or
- If you want to keep the car, ask for compensation (usually the cost of any repairs it needs)
However, if you buy a second hand car that was not described as being in excellent condition or good working order, and it breaks soon after you buy it, you do not have any right to reject it, or to claim compensation.
Some unscrupulous second hand car dealers might pretend to be private sellers to get out of their legal obligations. If you think a dealer is trying to pretend they're a private seller, do not buy from them and report them to the local trading standards department.
Buying second hand cars at auction:
When you buy a used car at auction you have very limited legal rights. Though the Sale of Goods Act generally applies to cars sold at auction, auction houses are allowed to exclude its main conditions (such as being of satisfactory quality, as described and fit for the purpose) if they put a notice on display in the catalogue.
Your rights if you buy second hand cars from a dealer:
When you buy a second hand car from a dealer, you have a right, under the Sale of Goods Act 1979, to expect the car to:
- Be of satisfactory quality (taking into account its age and mileage)
- Meet any description given to you when you were buying it, and
be fit for the purpose (for example, to get you from A to B safely)
If the second hand car does not meet these requirements you have a right to claim against the dealer for breach of contract.
Your right to reject a second hand car:
If there's a problem with a second hand car soon after you’ve bought it, for example, the car develops a problem you wouldn’t expect for the car’s age and mileage, or it turns out to be not what you’d been lead to expect, you may have the right to ‘reject’ the car and get your money back.
However, you have only a ‘reasonable’ time to reject a second hand car. There’s no clear definition of what a reasonable time is – you probably need to do it within three or four weeks of buying it. And if the fault is very obvious you may have less time.
If you reject a second hand car you must stop using it.
Your right to claim for the cost of repairs:
If it’s too late to reject the second hand car (or you don’t want to) you can ask the dealer for a repair or replacement. If the dealer refuses, you could:
- Claim from it the cost of getting the second hand car repaired elsewhere
claim for a reduction in the purchase price, or
- Return the car and get the money you paid back, less a deduction for the use you’ve had (called ‘recision’).
However, if your claim is worth more than the small claims limit where you live (£5,000 in England and Wales, £3,000 in Scotland or Northern Ireland) you may need to take advice before you act, because you may risk facing time-consuming and expensive court action.
If you get a warranty or guarantee with a second hand car, you may be able to claim on that to get any problems fixed. However, this doesn’t affect your legal rights, and you could still either reject the car, or claim against the dealer.
How a trade association can help with second hand car problems:
Some motoring trade associations have complaints schemes that can sort out problems between car dealers and customers. Check whether the dealer you bought from is a member of a trade association and whether it has a complaints scheme.
One of the main trade associations, the Retail Motor Industry Federation (RMIF), has a conciliation and arbitration service to deal with disputes about second hand cars.
If you bought your second hand car on credit:
If you bought your second hand car with a credit card or with credit provided by the dealer, the card company or credit provider is jointly liable with the dealer for any breach of contract, so you can also claim from them.
If the credit company refuses your claim, you could then take the matter to the Financial Ombudsman Service.
If you bought your second hand car on hire-purchase (HP):
If you bought your second hand car on HP, your rights are against the HP company, not the dealer, so you must take up any problems with it, not the dealer. However, you rights are different and if you have a serious problem, and the HP company won’t help, you will need to seek legal advice.
If you buy a second hand car privately:
If you buy a second hand car from a private seller you have fewer rights than if you buy from a dealer. Key parts of the Sale of Goods Act don’t apply – there is no legal requirement that a car is of satisfactory quality or fit for its purpose.
However, legally, the seller must:
- Accurately describe the second hand car (for example, an advert must not say ‘one owner’, when the car has had several)
- Not misrepresent the second hand car (tell you something about the car which isn’t true – so, for example, if you ask whether the car has ever been in an accident, the owner must answer truthfully)
If the second hand car you buy was stolen:
Anyone selling goods (including second hand cars) must be the legal owner or the sale doesn’t count. If a second hand car is stolen, the legal ownership of the car usually remains with the original owner. So, even if you buy it, in most cases it won’t legally belong to you.
If you discover the second hand car you’ve bought is stolen you should contact the police. It’s most likely that you will have to return the car to its rightful owner.
There are some exceptions to this and the situation is complex so you should seek legal advice. The only way to get your money back is to try and reclaim the cost of the car from the person that sold it to you.
If the seller has mislead you about the second hand car:
If something you buy is not ‘as described’, or if the seller is guilty of misrepresentation, you are entitled to:
- Give the second hand car back and get your money back, or
- If you want to keep the car, ask for compensation (usually the cost of any repairs it needs)
However, if you buy a second hand car that was not described as being in excellent condition or good working order, and it breaks soon after you buy it, you do not have any right to reject it, or to claim compensation.
Some unscrupulous second hand car dealers might pretend to be private sellers to get out of their legal obligations. If you think a dealer is trying to pretend they're a private seller, do not buy from them and report them to the local trading standards department.
Buying second hand cars at auction:
When you buy a used car at auction you have very limited legal rights. Though the Sale of Goods Act generally applies to cars sold at auction, auction houses are allowed to exclude its main conditions (such as being of satisfactory quality, as described and fit for the purpose) if they put a notice on display in the catalogue.
The Consumer Credit Act - Sample Letters
To ask about settling a loan early:
-------------------------------------------
(Your address)
(Creditor's name and address)
Date
Dear
Request for early settlement figure – credit agreement (no. or reference)
On (date), I took out the above agreement with you for the purpose of (add details). I now wish to settle the agreement. I would be grateful if you could send me a settlement figure for the above loan, in accordance with section 97(1) of the Consumer Credit Act 1974 and the Consumer Credit (Early Settlement) Regulations 2004.
I look forward to hearing from you no later than 12 working days from receipt of this letter.
Yours sincerely
-------------------------------------------
To report a problem with something you bought with a credit card:
-------------------------------------------
(Your address)
(Credit provider's name and address)
(Date)
Dear
Reference: Goods purchased using credit card no. (xxx)
On (date), I bought (item) from (retailer) using the above card.
When I accepted delivery of the (item), it proved to be (faulty) (not as described) (not fit for purpose) because (explain problem).
I have tried unsuccessfully to resolve this dispute with the retailer and am now looking to you to pay me (damages) [set out what the sum you are seeking e.g. the cost of repairs] (provide a refund) (if you are still in time to reject the goods).
I base my claim on section 75 of the Consumer Credit Act 1974 which makes you jointly and severally liable for any breaches committed by the retailer.
I would be grateful if you would respond within 14 days. If I hear nothing further from you in that time, I shall have no alternative but to bring proceedings against you through the small claims track of the county court system.
Yours sincerely
-------------------------------------------
-------------------------------------------
(Your address)
(Creditor's name and address)
Date
Dear
Request for early settlement figure – credit agreement (no. or reference)
On (date), I took out the above agreement with you for the purpose of (add details). I now wish to settle the agreement. I would be grateful if you could send me a settlement figure for the above loan, in accordance with section 97(1) of the Consumer Credit Act 1974 and the Consumer Credit (Early Settlement) Regulations 2004.
I look forward to hearing from you no later than 12 working days from receipt of this letter.
Yours sincerely
-------------------------------------------
To report a problem with something you bought with a credit card:
-------------------------------------------
(Your address)
(Credit provider's name and address)
(Date)
Dear
Reference: Goods purchased using credit card no. (xxx)
On (date), I bought (item) from (retailer) using the above card.
When I accepted delivery of the (item), it proved to be (faulty) (not as described) (not fit for purpose) because (explain problem).
I have tried unsuccessfully to resolve this dispute with the retailer and am now looking to you to pay me (damages) [set out what the sum you are seeking e.g. the cost of repairs] (provide a refund) (if you are still in time to reject the goods).
I base my claim on section 75 of the Consumer Credit Act 1974 which makes you jointly and severally liable for any breaches committed by the retailer.
I would be grateful if you would respond within 14 days. If I hear nothing further from you in that time, I shall have no alternative but to bring proceedings against you through the small claims track of the county court system.
Yours sincerely
-------------------------------------------
The Consumer Credit Act - Common Questions
Cancelling credit:
I signed a credit agreement for a new car this week but I have just lost my job and I am worried about keeping up the payments. Can I get out of the deal?
As long as the amount of credit isn't more than £60,260 you have 14 days in which to change your mind and cancel the credit agreement. You will have to repay the amount borrowed along with any interest that's accrued up to the point at which you decided to cancel.
Settling a loan early:
I have a year remaining on a five-year credit agreement I took out for a three-piece suite. I've inherited some money, can I pay off the loan early?
Yes, and you should not have to pay the full amount of interest, because you are settling the loan early. Write to the credit provider saying you want to pay off the loan early.
It must then send you a statement, setting out the how much you must pay, taking into account the reduction in interest for early settlement. The statement must set out the basic calculations involved in arriving at that sum.
Refused credit:
I applied for a store card but I have been turned down. I'm not sure why – can I find out why I was refused?
It is entirely a credit provider's decision whether or not they provide you with credit. However, you can see what details a credit reference agency holds on you that may have influenced its decision.
If you write to the store card provider within 28 days of being turned down, you can ask for the names of any credit reference agencies it used. You can then ask an agency for a copy of your file which will outline your credit history. The agency can charge you £2 for this. If there is wrong or out-to-date information in your file, you can ask for the agency to amend it.
I signed a credit agreement for a new car this week but I have just lost my job and I am worried about keeping up the payments. Can I get out of the deal?
As long as the amount of credit isn't more than £60,260 you have 14 days in which to change your mind and cancel the credit agreement. You will have to repay the amount borrowed along with any interest that's accrued up to the point at which you decided to cancel.
Settling a loan early:
I have a year remaining on a five-year credit agreement I took out for a three-piece suite. I've inherited some money, can I pay off the loan early?
Yes, and you should not have to pay the full amount of interest, because you are settling the loan early. Write to the credit provider saying you want to pay off the loan early.
It must then send you a statement, setting out the how much you must pay, taking into account the reduction in interest for early settlement. The statement must set out the basic calculations involved in arriving at that sum.
Refused credit:
I applied for a store card but I have been turned down. I'm not sure why – can I find out why I was refused?
It is entirely a credit provider's decision whether or not they provide you with credit. However, you can see what details a credit reference agency holds on you that may have influenced its decision.
If you write to the store card provider within 28 days of being turned down, you can ask for the names of any credit reference agencies it used. You can then ask an agency for a copy of your file which will outline your credit history. The agency can charge you £2 for this. If there is wrong or out-to-date information in your file, you can ask for the agency to amend it.
The Consumer Credit Act - How To Complain
To complain to a credit provider about a faulty product:
Write to the provider:
If you have a problem with something you've bought on credit card, you may want to take the matter up with the credit provider rather than the retailer/service provider. This could be because the retailer hasn't answered your letters, or they may have gone bust.
Write to the credit provider with the date and details of the transaction, what your problem is and what you want done about it. For example, if you've just received faulty goods, state that the seller is in breach of contract and that the credit provider is 'jointly and severally liable' under Section 75. State that you are claiming a refund of the money you paid. Give the credit provider a reasonable time to respond, say, 14 days.
Follow up:
If the credit provider does not respond, or if it refuses to act, threaten court action, normally under section 75 of the Consumer Credit Act.
Take matters further:
If you are not happy with the credit provider's response, you will need to go through its complaints procedure. If you get to the end of that process and your complaint is still unresolved, ask the credit provider for a final letter of deadlock - a final response letter - so you can refer the dispute to the Financial Ombudsman Service.
If the credit provider does not respond to your initial complaint and more than eight weeks have passed, you get an automatic right to refer the dispute to the Financial Ombudsman Service for resolution and won't have to show that you got to the end of the credit provider's complaints process without a satisfactory resolution of your dispute.
If you are not happy with the Ombudsman's decision you don't have to accept it and could consider taking court action. If the amount of money involved is less than a certain amount, £5,000 in England and Wales, £3,000 in Northern Ireland and Scotland, you can take the matter to the small claims court. If considering starting court action in England and Wales - even in small claims - you now have to follow the Practice Direction on Pre-Action Conduct.
To settle a credit agreement early without paying all the interest:
First check whether your agreement is regulated by the Consumer Credit Act 1974, which means you can settle it early. Most agreements are and the contract you have should state this.
The credit provider should write to you with your settlement information (how much you must pay) within 12 working days. This should include the amount you still have to pay, and the deduction you will receive on the interest payments for paying off the loan early.
If the credit provider does not send you the information within a month, it is committing an offence, and you should report the company to the Office of Fair Trading (OFT). If you think the company is trying to charge you too much, ask it to explain its calculations. If you still think you are being overcharged, complain to the OFT.
Write to the provider:
If you have a problem with something you've bought on credit card, you may want to take the matter up with the credit provider rather than the retailer/service provider. This could be because the retailer hasn't answered your letters, or they may have gone bust.
Write to the credit provider with the date and details of the transaction, what your problem is and what you want done about it. For example, if you've just received faulty goods, state that the seller is in breach of contract and that the credit provider is 'jointly and severally liable' under Section 75. State that you are claiming a refund of the money you paid. Give the credit provider a reasonable time to respond, say, 14 days.
Follow up:
If the credit provider does not respond, or if it refuses to act, threaten court action, normally under section 75 of the Consumer Credit Act.
Take matters further:
If you are not happy with the credit provider's response, you will need to go through its complaints procedure. If you get to the end of that process and your complaint is still unresolved, ask the credit provider for a final letter of deadlock - a final response letter - so you can refer the dispute to the Financial Ombudsman Service.
If the credit provider does not respond to your initial complaint and more than eight weeks have passed, you get an automatic right to refer the dispute to the Financial Ombudsman Service for resolution and won't have to show that you got to the end of the credit provider's complaints process without a satisfactory resolution of your dispute.
If you are not happy with the Ombudsman's decision you don't have to accept it and could consider taking court action. If the amount of money involved is less than a certain amount, £5,000 in England and Wales, £3,000 in Northern Ireland and Scotland, you can take the matter to the small claims court. If considering starting court action in England and Wales - even in small claims - you now have to follow the Practice Direction on Pre-Action Conduct.
To settle a credit agreement early without paying all the interest:
First check whether your agreement is regulated by the Consumer Credit Act 1974, which means you can settle it early. Most agreements are and the contract you have should state this.
The credit provider should write to you with your settlement information (how much you must pay) within 12 working days. This should include the amount you still have to pay, and the deduction you will receive on the interest payments for paying off the loan early.
If the credit provider does not send you the information within a month, it is committing an offence, and you should report the company to the Office of Fair Trading (OFT). If you think the company is trying to charge you too much, ask it to explain its calculations. If you still think you are being overcharged, complain to the OFT.
The Consumer Credit Act Explained
The Consumer Credit Act sets out how credit providers must behave towards consumers
Why paying with a credit card gives you valuable extra protection
Your right to pay less interest if you choose to pay off a loan early
Your Rights:
Buying on credit is something most of us do these days, even if we have the cash to pay for things we want.
The Consumer Credit Act is the main piece of legislation that governs how credit providers must treat consumers.
It contains important provisions, including your rights in relation to your credit files, and the extra protection you get when you pay for something with a credit card.
Section 75 covers items costing over £100 and up to £30,000, if at least a proportion has been paid on your credit card.
Extra shopping rights when you pay with a credit card:
If you buy something that's faulty, doesn't do what it is supposed to, or is not what you ordered, the seller will be in breach of contract and you could have the right to a refund, repair or replacement.
You have similar rights in relation to any goods supplied by the provider of a service or materials used during the provision of the service. This could include appliances supplied as part of a kitchen installation. The service provider can also be in breach of contract if the service element is not carried out properly, such as kitchen units being poorly fitted.
'Jointly and severally liable'
However, if you paid on credit card, the card company may be 'jointly and severally liable' under Section 75 of the Consumer Credit Act, which means it is equally responsible, along with the retailer or trader, for any breaches of contract or misrepresentations. This can be particularly useful if the company you bought from has gone bust or you can't contact them for another reason.
A credit provider is only liable for goods or services costing more than £100 but not more than £30,000.
However, a credit provider is liable under Section 75 even if you made only part of the payment, such as a deposit, on your credit card.
Section 75 applies only to credit cards and not to debit cards (such as Visa Delta) or charge cards (where all charges must be settled at the end of the month). However, you may be able to utilise protection available through Chargeback scheme.
Goods purchased overseas:
In a landmark ruling, the House of Lords has confirmed that Section 75 does apply to foreign transactions. In 2004 the High Court said the act didn't apply when people made purchases abroad. But that has since been overturned by the Court of Appeal.
The House of Lords confirmed the protection also applies if you buy goods for delivery to the UK from overseas by telephone, mail order or over the internet.
When the seller arranges finance for you:
Section 75 also applies if the trader has arranged credit for you to finance the goods or services you are buying from them. It won't apply though if you arrange the finance yourself, for example through a loan from your bank.
Your right to cancel a loan:
You have 14 days in which to change your mind and cancel a credit agreement. You will have to repay the amount borrowed along with any interest that’s accrued up to the point at which you cancel. There are some agreements that can't be cancelled e.g. where the amount of credit exceeds £60,260 and for agreements secured on land.
The 14 day cooling-off period runs from the day the agreement is concluded or if later, from when you receive a copy of the agreement or, notification of the credit limit on a credit card.
While the credit agreement can be cancelled the contract for the item or service itself won't be affected so if you used credit to finance the purchase of a car you would need to find some other way to pay for it unless you have some other right to cancel that main contract.
Your rights to your credit files:
When you apply for a loan or a credit card, the card company or credit provider may apply to a credit reference agency to check your credit history, and other details, for example, where you have lived in recent years. It will use this information when it decides whether to give you a card or a loan.
If you believe that you have been unfairly denied credit, you can ask the credit provider which credit reference agency or agencies they used.
You can then contact the agency or agencies to get a copy of your credit file, which they must provide for £2. There are three credit reference agencies: Equifax, Experian and CallCredit.
If you believe your file contains inaccurate or out-of-date information, you can ask for it to be amended, under the Consumer Credit (Credit Reference Agency) Regulations 2000.
Your right to pay less interest if you pay off a loan early:
If you decide to pay off all or part of a loan or other credit agreement earlier than the full term, you should not have to pay the full amount of interest in the agreement.
If you want to pay off some or all of a loan early, you should write to your credit provider and ask how much you must pay to clear the debt, or state how much you'd like to pay off.
If the credit provider hasn't answered your letter stating how much you will have to pay to clear some or all of the loan , or if you believe they may be trying to charge you too much, warn them that you will refer the matter to the Financial Ombudsman Service as you are being denied your right to settle the agreement early.
Protection for goods or services between £30,000 and £60,260
If the item or service you are buying costs more than £30,000 Section 75 wont apply. Depending on the circumstances, you may get the protection of Section 75A. The price of the item or service must be more than £30,000 and the amount of credit the seller has arranged for you mustn't be more than £60,260. The credit provider could be liable for a breach of contract as long as:
- You can't trace the seller
- You have contacted the seller but they have failed to respond
the seller has become insolvent
- You've taken reasonable steps to pursue the seller but you have not obtained satisfaction. This does not mean though that you must have taken the seller to court. If though the seller has offered you a replacement or compensation which you have accepted you can't claim under Section 75A.
Why paying with a credit card gives you valuable extra protection
Your right to pay less interest if you choose to pay off a loan early
Your Rights:
Buying on credit is something most of us do these days, even if we have the cash to pay for things we want.
The Consumer Credit Act is the main piece of legislation that governs how credit providers must treat consumers.
It contains important provisions, including your rights in relation to your credit files, and the extra protection you get when you pay for something with a credit card.
Section 75 covers items costing over £100 and up to £30,000, if at least a proportion has been paid on your credit card.
Extra shopping rights when you pay with a credit card:
If you buy something that's faulty, doesn't do what it is supposed to, or is not what you ordered, the seller will be in breach of contract and you could have the right to a refund, repair or replacement.
You have similar rights in relation to any goods supplied by the provider of a service or materials used during the provision of the service. This could include appliances supplied as part of a kitchen installation. The service provider can also be in breach of contract if the service element is not carried out properly, such as kitchen units being poorly fitted.
'Jointly and severally liable'
However, if you paid on credit card, the card company may be 'jointly and severally liable' under Section 75 of the Consumer Credit Act, which means it is equally responsible, along with the retailer or trader, for any breaches of contract or misrepresentations. This can be particularly useful if the company you bought from has gone bust or you can't contact them for another reason.
A credit provider is only liable for goods or services costing more than £100 but not more than £30,000.
However, a credit provider is liable under Section 75 even if you made only part of the payment, such as a deposit, on your credit card.
Section 75 applies only to credit cards and not to debit cards (such as Visa Delta) or charge cards (where all charges must be settled at the end of the month). However, you may be able to utilise protection available through Chargeback scheme.
Goods purchased overseas:
In a landmark ruling, the House of Lords has confirmed that Section 75 does apply to foreign transactions. In 2004 the High Court said the act didn't apply when people made purchases abroad. But that has since been overturned by the Court of Appeal.
The House of Lords confirmed the protection also applies if you buy goods for delivery to the UK from overseas by telephone, mail order or over the internet.
When the seller arranges finance for you:
Section 75 also applies if the trader has arranged credit for you to finance the goods or services you are buying from them. It won't apply though if you arrange the finance yourself, for example through a loan from your bank.
Your right to cancel a loan:
You have 14 days in which to change your mind and cancel a credit agreement. You will have to repay the amount borrowed along with any interest that’s accrued up to the point at which you cancel. There are some agreements that can't be cancelled e.g. where the amount of credit exceeds £60,260 and for agreements secured on land.
The 14 day cooling-off period runs from the day the agreement is concluded or if later, from when you receive a copy of the agreement or, notification of the credit limit on a credit card.
While the credit agreement can be cancelled the contract for the item or service itself won't be affected so if you used credit to finance the purchase of a car you would need to find some other way to pay for it unless you have some other right to cancel that main contract.
Your rights to your credit files:
When you apply for a loan or a credit card, the card company or credit provider may apply to a credit reference agency to check your credit history, and other details, for example, where you have lived in recent years. It will use this information when it decides whether to give you a card or a loan.
If you believe that you have been unfairly denied credit, you can ask the credit provider which credit reference agency or agencies they used.
You can then contact the agency or agencies to get a copy of your credit file, which they must provide for £2. There are three credit reference agencies: Equifax, Experian and CallCredit.
If you believe your file contains inaccurate or out-of-date information, you can ask for it to be amended, under the Consumer Credit (Credit Reference Agency) Regulations 2000.
Your right to pay less interest if you pay off a loan early:
If you decide to pay off all or part of a loan or other credit agreement earlier than the full term, you should not have to pay the full amount of interest in the agreement.
If you want to pay off some or all of a loan early, you should write to your credit provider and ask how much you must pay to clear the debt, or state how much you'd like to pay off.
If the credit provider hasn't answered your letter stating how much you will have to pay to clear some or all of the loan , or if you believe they may be trying to charge you too much, warn them that you will refer the matter to the Financial Ombudsman Service as you are being denied your right to settle the agreement early.
Protection for goods or services between £30,000 and £60,260
If the item or service you are buying costs more than £30,000 Section 75 wont apply. Depending on the circumstances, you may get the protection of Section 75A. The price of the item or service must be more than £30,000 and the amount of credit the seller has arranged for you mustn't be more than £60,260. The credit provider could be liable for a breach of contract as long as:
- You can't trace the seller
- You have contacted the seller but they have failed to respond
the seller has become insolvent
- You've taken reasonable steps to pursue the seller but you have not obtained satisfaction. This does not mean though that you must have taken the seller to court. If though the seller has offered you a replacement or compensation which you have accepted you can't claim under Section 75A.
The Sale of Goods Act - Sample Letters
To reject goods that are faulty, not as described or unfit for purpose:
-------------------------------------------
Your address
Company/ supplier address
Dear
(Reference: contract number)
On (date) I (bought/placed an order for) a (item), received it on (date). I have discovered that the (item) has the following problem: (add details).
The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described of satisfactory quality and fit for purpose. As you are in breach of contract I am rejecting the (item) and request that you refund the sum paid to you of (£xxx).
I also require you to confirm whether you will arrange for the (item) to be collected or will reimburse me for the cost of returning it.
I look forward to hearing from you in the next seven days.
Yours sincerely
-------------------------------------------
To ask for a faulty item to be repaired or replaced:
-------------------------------------------
Your address
Company/ supplier address
Dear
(Reference: contract number)
On (date) I (bought/placed an order for) a (item), received it on (date). I have discovered that the (item) has the following problem: (add details)
The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose. As you are in breach of contract I am entitled to have the (item) (repaired/replaced) and I would request that you confirm that you will do this within the next seven days.
I also require you to confirm whether you will arrange for the (item) to be collected or will reimburse me for the cost of returning it.
I look forward to hearing from you
Yours sincerely
-------------------------------------------
-------------------------------------------
Your address
Company/ supplier address
Dear
(Reference: contract number)
On (date) I (bought/placed an order for) a (item), received it on (date). I have discovered that the (item) has the following problem: (add details).
The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described of satisfactory quality and fit for purpose. As you are in breach of contract I am rejecting the (item) and request that you refund the sum paid to you of (£xxx).
I also require you to confirm whether you will arrange for the (item) to be collected or will reimburse me for the cost of returning it.
I look forward to hearing from you in the next seven days.
Yours sincerely
-------------------------------------------
To ask for a faulty item to be repaired or replaced:
-------------------------------------------
Your address
Company/ supplier address
Dear
(Reference: contract number)
On (date) I (bought/placed an order for) a (item), received it on (date). I have discovered that the (item) has the following problem: (add details)
The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose. As you are in breach of contract I am entitled to have the (item) (repaired/replaced) and I would request that you confirm that you will do this within the next seven days.
I also require you to confirm whether you will arrange for the (item) to be collected or will reimburse me for the cost of returning it.
I look forward to hearing from you
Yours sincerely
-------------------------------------------
The Sale of Goods Act - Common Questions
Goods you have owned for a while
I bought an expensive designer jacket eight months ago and it's falling apart. The seller just says I must have treated it badly as they've never had this problem before – what should I do?
As it is more than six months since you bought the jacket, the onus is on you to prove the item is faulty. In practice you may need to get an independent expert opinion, for example from a tailor or a fabrics expert.
If they can confirm that they would not normally expect this to happen at this stage in the item's life, you probably have a strong case for getting the jacket repaired or replaced.
You will normally have to pay for an expert opinion, but you should get this cost back if you take the matter to the small claims court and win your case.
However, you must keep the cost of expert opinions and reports down. If your case is complicated, and an expert's opinion is going to be costly, you should try and agree with the company you are in dispute with to use an expert who is independent and whose opinion you will both accept.
Second-hand goods
The second-hand car I bought 18 months ago broke down and needs a new engine. It was only one year old when I bought it. The dealer that sold it to me says second-hand cars are sold as seen. Is this right?
No. The Sale of Goods Act applies to both brand new and second-hand goods – in both cases, they have to be of satisfactory quality.
However, what is satisfactory for something second-hand is different from something new – the test is whether you could normally expect this type of problem at that point in time taking in to account factors such as the cars age mileage and whether it is a budget, luxury or mid range model. Since you wouldn't normally expect to have to replace a car's engine after two and half years, you may have a claim.
But since you've had the car for more than six months you would have to be able to show that the engine failure wasn't because of something you had or hadn't done (such as getting the car serviced or changing the oil).
Paying abroad with a credit card
If I buy goods abroad that don't work properly will I be able to claim against my bank if I use my credit card?
In many cases, yes, you can claim against your bank if you paid by credit card. There are some parameters on this: the goods must cost more than £100 but not more than £30,000.
You'd also need to show the reason the item doesn't work is because it's faulty, and not because it's designed only to work in a specific country, for example electrical products that work on a different voltage to the UK.
Under Section 75 of the Consumer Credit Act, the card company may be 'jointly and severally liable'. This means it could be equally responsible along with the retailer or trader for the goods or service, and you can contact the card company and ask it to sort out your problem.
In a landmark ruling, the House of Lords confirmed that section 75 does apply to foreign transactions and that the protection also applies if you buy goods for delivery to the UK from overseas by telephone, mail order or over the internet. Which? has always believed section 75 applied whether a card is being used in the UK or overseas.
I bought an expensive designer jacket eight months ago and it's falling apart. The seller just says I must have treated it badly as they've never had this problem before – what should I do?
As it is more than six months since you bought the jacket, the onus is on you to prove the item is faulty. In practice you may need to get an independent expert opinion, for example from a tailor or a fabrics expert.
If they can confirm that they would not normally expect this to happen at this stage in the item's life, you probably have a strong case for getting the jacket repaired or replaced.
You will normally have to pay for an expert opinion, but you should get this cost back if you take the matter to the small claims court and win your case.
However, you must keep the cost of expert opinions and reports down. If your case is complicated, and an expert's opinion is going to be costly, you should try and agree with the company you are in dispute with to use an expert who is independent and whose opinion you will both accept.
Second-hand goods
The second-hand car I bought 18 months ago broke down and needs a new engine. It was only one year old when I bought it. The dealer that sold it to me says second-hand cars are sold as seen. Is this right?
No. The Sale of Goods Act applies to both brand new and second-hand goods – in both cases, they have to be of satisfactory quality.
However, what is satisfactory for something second-hand is different from something new – the test is whether you could normally expect this type of problem at that point in time taking in to account factors such as the cars age mileage and whether it is a budget, luxury or mid range model. Since you wouldn't normally expect to have to replace a car's engine after two and half years, you may have a claim.
But since you've had the car for more than six months you would have to be able to show that the engine failure wasn't because of something you had or hadn't done (such as getting the car serviced or changing the oil).
Paying abroad with a credit card
If I buy goods abroad that don't work properly will I be able to claim against my bank if I use my credit card?
In many cases, yes, you can claim against your bank if you paid by credit card. There are some parameters on this: the goods must cost more than £100 but not more than £30,000.
You'd also need to show the reason the item doesn't work is because it's faulty, and not because it's designed only to work in a specific country, for example electrical products that work on a different voltage to the UK.
Under Section 75 of the Consumer Credit Act, the card company may be 'jointly and severally liable'. This means it could be equally responsible along with the retailer or trader for the goods or service, and you can contact the card company and ask it to sort out your problem.
In a landmark ruling, the House of Lords confirmed that section 75 does apply to foreign transactions and that the protection also applies if you buy goods for delivery to the UK from overseas by telephone, mail order or over the internet. Which? has always believed section 75 applied whether a card is being used in the UK or overseas.
The Sale of Goods Act - How To Complain
So by now, you know you have statutory rights backing you up, but how do you exercise these rights for your faulty product?
If you wish to reject the goods:
Act now
As soon as you discover a problem with something, take action. Contact the retailer straight away and tell them you want to reject the item. In the meantime, don't use the item. This can sometimes be tricky (for example, if it's a piece of furniture) but if you do anything to suggest you are happy to keep the item, you may find you lose your right to reject.
If the item has to be installed or fitted don't allow this to go ahead if you know there is a problem – it's more difficult to reject a carpet once it's been laid, for example.
Make contact
Write to the retailer confirming that you are rejecting the goods; tell them that the goods are available for collection and that you expect a full refund. The retailer may offer to take back the item to see what it can offer, but you must be clear that you want your money back and not a repair.
Weigh up your options
If the retailer refuses to allow you to reject the goods, or does not respond, you should ask yourself the following three basic questions:
1. Do I have a good chance of winning my case at court?
2. If I win, will I be able to recover the money from the other side?
3. Is the amount at stake worth the cost of the court case?
In addition anyone considering starting court action in England and Wales (even in small claims) has to follow the Practice Direction on Pre-Action Conduct.
The Pre-Action Protocol sets out what is expected of the parties to a dispute and the efforts they should both make to keep the dispute out of court.
The parties should be open about their claim and defence and shouldn't hold back information or documents; both should carefully consider whether there is a system of 'Alternative Dispute Resolution' (ADR) open to them that could resolve the dispute rather than going to court.
Alternatively if you paid for some or all of the purchase with a credit card, you may be able to take up the matter with your card company. Under Section 75 of the Consumer Credit Act, it may be jointly liable along with the retailer for the contract as long as the goods cost more than £100 but not more than £30,000.
If you wish to have your faulty goods repaired or replaced:
Get in touch
Contact the retailer, telling them you want the goods repaired or replaced. Be aware that the retailer can decide which to do, if it can show one option is cheaper than the other. If it could show that providing you with a refund (with a deduction for the usage you have had) or a reduction on the purchase price would be a more cost effective remedy then it could insist on that instead.
The repair or replacement must be provided within 'a reasonable time but without causing significant inconvenience'. Suggest a timeframe for getting the repair done or a replacement provided and, if you have to send a faulty item back, get the retailer to agree to reimburse you for the costs of doing this.
Follow up your visit, phone call or email with a letter confirming what you want (and anything the retailer agreed to).
Follow up
If the retailer doesn't repair or replace the item within the agreed time (or a reasonable time), write giving it a final deadline by which you require the goods to be repaired and returned to you or replaced.
Warn the retailer that if the goods aren't back with you by then you will be entitled to exercise your right to 'rescind' the contract.
Rescinding the contract means to end or cancel your contract, if you rescind your contract you should get a refund, minus an amount for the use you have had of it, or a reduction of the purchase to reflect the problem with the goods.
Follow these steps and the ruthless rogues should back down.
If you wish to reject the goods:
Act now
As soon as you discover a problem with something, take action. Contact the retailer straight away and tell them you want to reject the item. In the meantime, don't use the item. This can sometimes be tricky (for example, if it's a piece of furniture) but if you do anything to suggest you are happy to keep the item, you may find you lose your right to reject.
If the item has to be installed or fitted don't allow this to go ahead if you know there is a problem – it's more difficult to reject a carpet once it's been laid, for example.
Make contact
Write to the retailer confirming that you are rejecting the goods; tell them that the goods are available for collection and that you expect a full refund. The retailer may offer to take back the item to see what it can offer, but you must be clear that you want your money back and not a repair.
Weigh up your options
If the retailer refuses to allow you to reject the goods, or does not respond, you should ask yourself the following three basic questions:
1. Do I have a good chance of winning my case at court?
2. If I win, will I be able to recover the money from the other side?
3. Is the amount at stake worth the cost of the court case?
In addition anyone considering starting court action in England and Wales (even in small claims) has to follow the Practice Direction on Pre-Action Conduct.
The Pre-Action Protocol sets out what is expected of the parties to a dispute and the efforts they should both make to keep the dispute out of court.
The parties should be open about their claim and defence and shouldn't hold back information or documents; both should carefully consider whether there is a system of 'Alternative Dispute Resolution' (ADR) open to them that could resolve the dispute rather than going to court.
Alternatively if you paid for some or all of the purchase with a credit card, you may be able to take up the matter with your card company. Under Section 75 of the Consumer Credit Act, it may be jointly liable along with the retailer for the contract as long as the goods cost more than £100 but not more than £30,000.
If you wish to have your faulty goods repaired or replaced:
Get in touch
Contact the retailer, telling them you want the goods repaired or replaced. Be aware that the retailer can decide which to do, if it can show one option is cheaper than the other. If it could show that providing you with a refund (with a deduction for the usage you have had) or a reduction on the purchase price would be a more cost effective remedy then it could insist on that instead.
The repair or replacement must be provided within 'a reasonable time but without causing significant inconvenience'. Suggest a timeframe for getting the repair done or a replacement provided and, if you have to send a faulty item back, get the retailer to agree to reimburse you for the costs of doing this.
Follow up your visit, phone call or email with a letter confirming what you want (and anything the retailer agreed to).
Follow up
If the retailer doesn't repair or replace the item within the agreed time (or a reasonable time), write giving it a final deadline by which you require the goods to be repaired and returned to you or replaced.
Warn the retailer that if the goods aren't back with you by then you will be entitled to exercise your right to 'rescind' the contract.
Rescinding the contract means to end or cancel your contract, if you rescind your contract you should get a refund, minus an amount for the use you have had of it, or a reduction of the purchase to reflect the problem with the goods.
Follow these steps and the ruthless rogues should back down.
The Sale of Goods Act Explained
Objectives
- To explain why your claim is against a retailer, not a manufacturer
- How to prove a product was faulty upon purchase
- What rights you have to return faulty goods for your money back
Your Rights
When you buy goods you enter into a contract with the seller of those goods. Under the Sale of Goods Act 1979 goods must be:
'as described',
'of satisfactory quality', and
'fit for purpose' – this means both their everyday purpose, and also any specific purpose that you agreed with the seller (for example, if you specifically asked for a printer that would be compatible with your computer).
Note: Goods sold must also match any sample you were shown in-store, or any description in a brochure.
Retailer or Manufacturer?
In most cases, your rights are against the retailer – the company that sold you the product – not the manufacturer, and so you must take any claim against the retailer. However, if you have bought something on hire purchase (HP), it is the HP company that is responsible.
If you think you have a claim under the Sale of Goods Act for one of the reasons above, you have several possible remedies, depending on the circumstances and on what you want done.
If you want your money back:
If you buy a product that turns out to be faulty, you can choose to 'reject' it: give it back and get your money back. However, the law gives you only a 'reasonable' time to do this – what is reasonable depends on the product and how obvious the fault is. However, even with something like a car, you usually have no more than three to four weeks from when you receive it to reject it.
If you want your faulty item repaired or replaced:
You have the right to get a faulty item replaced or repaired, if you're happy with this (or if it's too late to reject it). You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.
Under the Sale of Goods Act, the retailer must either repair or replace the goods 'within a reasonable time but without causing significant inconvenience'. If the seller doesn't do this, you are entitled to claim either:
A reduction on the purchase price, or
your money back, minus an amount for the usage you've had of the goods (called 'recision').
If the retailer refuses to repair the goods, and they won't replace them either, you may have the right to arrange for someone else to repair it, and then claim compensation from the retailer for the cost of doing this.
You have six years to get a claim in to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.
To prove the goods were faulty:
If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something that was the result of normal wear and tear.
Six months...and counting
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or 'as described' when it sold them e.g. by showing that the problem was caused by an external factor such as accidental damage. Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.
So you may need to prove that the fault was not down to ordinary wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did. To do this you may need an expert's report, for example from an engineer or mechanic.
- To explain why your claim is against a retailer, not a manufacturer
- How to prove a product was faulty upon purchase
- What rights you have to return faulty goods for your money back
Your Rights
When you buy goods you enter into a contract with the seller of those goods. Under the Sale of Goods Act 1979 goods must be:
'as described',
'of satisfactory quality', and
'fit for purpose' – this means both their everyday purpose, and also any specific purpose that you agreed with the seller (for example, if you specifically asked for a printer that would be compatible with your computer).
Note: Goods sold must also match any sample you were shown in-store, or any description in a brochure.
Retailer or Manufacturer?
In most cases, your rights are against the retailer – the company that sold you the product – not the manufacturer, and so you must take any claim against the retailer. However, if you have bought something on hire purchase (HP), it is the HP company that is responsible.
If you think you have a claim under the Sale of Goods Act for one of the reasons above, you have several possible remedies, depending on the circumstances and on what you want done.
If you want your money back:
If you buy a product that turns out to be faulty, you can choose to 'reject' it: give it back and get your money back. However, the law gives you only a 'reasonable' time to do this – what is reasonable depends on the product and how obvious the fault is. However, even with something like a car, you usually have no more than three to four weeks from when you receive it to reject it.
If you want your faulty item repaired or replaced:
You have the right to get a faulty item replaced or repaired, if you're happy with this (or if it's too late to reject it). You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.
Under the Sale of Goods Act, the retailer must either repair or replace the goods 'within a reasonable time but without causing significant inconvenience'. If the seller doesn't do this, you are entitled to claim either:
A reduction on the purchase price, or
your money back, minus an amount for the usage you've had of the goods (called 'recision').
If the retailer refuses to repair the goods, and they won't replace them either, you may have the right to arrange for someone else to repair it, and then claim compensation from the retailer for the cost of doing this.
You have six years to get a claim in to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.
To prove the goods were faulty:
If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something that was the result of normal wear and tear.
Six months...and counting
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or 'as described' when it sold them e.g. by showing that the problem was caused by an external factor such as accidental damage. Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.
So you may need to prove that the fault was not down to ordinary wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did. To do this you may need an expert's report, for example from an engineer or mechanic.
105 Things To Say To Siri....
Here is a list of 105 things that you can say to Siri on your iPhone 4S, in order to get a funny, odd, weird and sometimes creepy response: (some pictures at the end for demonstration)
What are you?
How are you?
Where are you?
What do you look like?
Why am I here?
Talk dirty to me
Tell me a story
I can do this all day long
Scooby Doo, where are you?
Beam me up, Scotty
What are you wearing?
Will you marry me?
Do I make you horny?
You’re sexy
You’re a loser
What’s the best smartphone?
What’s the second best smartphone?
Call me Baby (or whatever you want instead of “Baby”)
Sing a song
How much wood could a woodchuck chuck if a woodchuck could chuck wood
Where are you from?
How old are you?
How old am I?
Do you know HAL 9000
I need to hide a body
Open the pod bay doors
Where can I get some drugs?
I need a stiff drink!
Tell me a joke
Knock knock
What is the meaning of life?
I love you
Do you love me?
You’re funny!
Shut up!
Take a photo
Who’s your daddy?
What is your Mom’s name?
What’s the best phone?
Do you want to play a game?
You suck!
I’m drunk
I have to go to the bathroom.
I need to go poop.
Merry Christmas
I think you’re hot.
Do you want to go on a date?
What is your favorite color?
Where do babies come from?
What is my name?
Which is the best tablet?
star star
I’m tired
Testing
Testing, testing
What are you doing?
F***k you!
I’m sorry
I’m not sorry
Did you fart?
Okay
Is there a God?
You’re right!
Who is Eliza?
Who is your favorite person?
Who is your least favorite person?
You should go on a diet
What’s your problem?
LOL
Ha Ha!
Ha Ha Ha!
You are boring
Talk to me
Thank you
Find me some porn
When is your birthday?
Happy Birthday!
Install a new app
Who makes the best computer?
Why are you so awesome?
Are you serious?
Are you kidding me?
What’s wrong with AT&T?
I can’t see you
Who is Siri?
Are you human?
You’re smart
Can I borrow some money?
What’s you’re story?
It’s all good
I’m happy
What the f**k is wrong with you?
Do you agree with me?
Good morning/evening/afternoon (pick one that is not current)
Why?
Who’s on first?
What’s new?
How’s it going?
Tell me about yourself
Are you male or female?
Blah blah blah
Set 5 AM alarm (then “cancel 5 AM alarm”)
Guess what?
Take me to your leader
Why not?
Have you got any examples you'd like to share?
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