Q. What is the 'cooling off' period for something I bought at home?
If you are the victim of a “hard sell” by a salesman who calls at your home, don’t worry – you may be able to change your mind.
The law says that anyone who gets an uninvited visit from a salesman and ends up signing a contract has 7 days in which to cancel the agreement. Details of this cooling off period must be clearly stated on the contract – if you wish to cancel, follow the instructions given and post off the cancellation slip immediately. You will then be entitled to a refund of any deposit you have made.
(If the contract does not contain any reference to your cancellation rights, please let Trading standards know as the seller may be committing a criminal offence).
Q. What should I know about home-working schemes?
People often see advertisements making claims such as “Earn £40 per hour working from home”. These can appear in newsagents’ windows, on posters fastened to lamp posts or just about anywhere.
If these claims sound too good to be true, they probably are. Consumers are well advised to think very carefully before sending off any money in response to this kind of advert. You have been warned!
Q. What should I look out for when buying a second hand car?
Trading Standards receive more complaints about second hand cars than anything else.
You may wish to consider paying a small fee to have a qualified mechanic inspect the car – if you are a member of a motoring organisation such as the AA, RAC or Green Flag, you could contact them a s a starting point.
Ask to see any documentation normally accompanying the vehicle, particularly previous MOTs and the v5 registration document (“log book”). As the “clocking” of vehicles (i.e. winding back the odometer) is a common problem, you could telephone the previous keeper quoted on the log book and verify that the current mileage is correct.
Finally, don’t forget that you can always walk away from a sale if you feel at all unsure.
Q. When choosing a builder, should I choose one that belongs to a trade association?
A lot of builders and other tradesmen display impressive looking logos in their advertisements to show that they are members of a trade association.
However, not all associations offer much practical help to consumers should things go wrong. Before commissioning the builder, it is a good idea to contact the trade association and (a) confirm that the builder is indeed a member and (b) clarify exactly what assistance the association will offer should you need their help.
A builder who claims to be a member of a trade association when that is not the case is committing a criminal offence and may be prosecuted by Trading Standards.
Remember - the best recommendation for any tradesman is a personal one that comes from people you trust, such as friends and neighbours.
Q. How do I complain about a 'holiday from hell'?
If you need to complain about a holiday, it is always a good idea to complain to the appropriate person (e.g. a tour representative) before you leave. Indeed, tour representatives usually have special forms which you should complete – if you do not fill one of these in on site, it may hinder your claim on your return.
When you return home, you should put your complaint in writing to the holiday company setting out exactly what went wrong and quantifying the level of compensation that you are seeking. Any misdescriptions in the brochure could amount to criminal offences – these can be investigated provided you are willing to make a statement.
If you haven’t yet gone on holiday, here are a few tips to follow:
Q. Who can help me with an unsafe car I brought recently?
If you feel that a car you have bought is unsafe (i.e. it has defective brakes, suspension or steering or is badly corroded) then you should report it to Trading Standards straightaway. It is illegal to supply a vehicle that is unroadworthy, and the trader may be liable for prosecution as well as be obliged to compensate the buyer.
It is important that you report any problems as soon as possible, as any delay may result in your evidence becoming less reliable.
Q. What rights have I got if I buy faulty goods or services?
Any goods supplied by a trader must be:
If you believe the goods fail to meet these legal standards, then you may have a remedy. If you complain to the trader before you have legally “accepted” them, you are entitled to hand the goods back and obtain a refund. Otherwise, you may be entitled to a replacement or repair.
However, if you buy goods from a private individual who is not a trader, you have fewer legal rights. You will only have a remedy if the goods fail to correspond with their description.
If you buy a service, the rights you have are different. You are entitled to receive a service:
Q. What can I do if I wish to make a claim against someone who has sold me defective goods or services?
Firstly, you will need to contact the seller and explain the nature of the problem to them, and give them an opportunity to put the matter right. Please contact Trading Standards if you need advice on how to go about this.
If you have bought goods or services from a trader, that person may be a member of a trade association. If so, the association may be prepared to mediate on your behalf.
Otherwise, if the seller is not prepared to assist you then the only way in which you can claim compensation is to bring a claim in the County Court. Again, Trading Standards staff can advice you further on this matter.
Q. What are my rights if I buy faulty goods at a car boot sale?
Car boot sales are intended to be a sociable way for people to sell unwanted household goods. If you buy something from a private individual on a car boot sale, you only have a legal remedy if the item has been incorrectly described to you. You do not have any comeback if the item is defective (i.e. not of satisfactory quality or unfit for its purpose).
Unfortunately, some rogue traders do see car boot sales as a means of selling their wares whilst pretending to be a private individual. If you buy from a trader, you will have the additional legal protection of a remedy for goods which are not of satisfactory quality or are unfit for their purpose. However, you may well have difficulty in tracing the trader to enforce this remedy, and should be aware that some traders use car boot sales to sell counterfeit, stolen or unsafe goods.
Q. What do I need to be aware of when shopping on the Internet?
“E-commerce” is growing all the time, and if you intend to buy goods on the Internet there are some simple precautions which you can take to protect yourself:
Q. I'm having trouble obtaining credit, can you help?
No one has a right to credit. Before giving you credit, lenders (such as banks, loan companies and shops) want to check whether you are an acceptable risk. To help them do this, they often use credit reference agencies to get some basic details about you and your credit record. A complex points system is then used which gives you an ultimate credit score.
You have a right to know the name and address of any credit reference agency that a lender uses. You can then write to the agency, sending the appropriate fee, and ask for a copy of your file. If it has information on it, there are procedures to follow which allow you to amend any records relating to you.
Q. I’m a local business – how can Trading Standards help me?
Trading Standards operate under the Home Authority Principle, which means that we will advise any trader who is based in Oldham as to their legal obligations under trading standards legislation.
Q. What are my rights if I want to return unwanted goods that I have bought?
Unless you agreed with the shop at the time of purchase, you have no right to return anything because you no longer want it (for example if you bought a garment as a present for someone & it doesn't fit them, they don't like the colour or they already have the same thing). However, some shops will offer you an exchange, credit note or vouchers in such cases, so it is worth asking.
Q. What are my rights if I bought something in a sale?
Unless the item was in the sale because of a fault which you were aware of when you bought it, you have the same rights as if you had paid full price for it. For example, if you bought an electric kettle which was reduced in price because it had a dent then you couldn't take it back for that fault but if you found that it wouldn't boil water then the seller would have to get it repaired or give you a replacement or refund.
Q. Should I be given a Guarantee with everything I buy?
As the Law says that the seller of goods is responsible if they prove to be faulty, then a guarantee isn't necessary, although it can sometimes give you extra rights if you have one.
Q. How do I contact Trading Standards Section?
Advice and support for consumers in Oldham is now provided by Consumer Direct. Consumer Direct is a telephone and online consumer advice service, which is supported by local authorities in the North West and by the Department of Trade and Industry.
Consumer Direct provides clear, practical advice to help consumers sort out problems and disagreements with suppliers of goods or services. From overcharging to faulty goods, and dodgy workmanship to reporting dishonest traders and scams, Consumer Direct's trained advisers are ready to offer individual solutions for individual problems.
Consumer Direct works in partnership with Local Authority Trading Standards Advice Services and Consumer Support Networks, providing first level advice and information on a wide range of consumer problems. More complex problems, or complaints requiring further investigation or assistance are referred to Trading Standards or other advice services.
To speak to a Consumer Direct adviser, please call 08454 04 05 06 (Minicom users should call on 08451 28 13 84). To e-mail Consumer Direct, please Contact us via the Consumer Direct website.
A wide range of consumer information and advice is also available online from the Consumer Direct website at www.consumerdirect.gov.uk.