Consumer Rights and Consumer Law | Your rights under CRA 2015 and CCR | BlackBeltBarrister
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- čas přidán 24. 07. 2024
- As a consumer, you have consumer rights under the Consumer Rights Act 2015 and the Consumer Contracts Regulations. There are different timeframes and statutory rights to enforce terms implied by the law into consumer purchases.
Goods must be fit for purpose, satisfactory quality, free from defects and faults, match descriptions and samples, and more. There are various timeframes within which you can either reject the goods, insist on a repair or replacement, or finally reject.
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I'm a Barrister of England and Wales.
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Any chance of skipping the background music? What you’ve got to say is very interesting and useful, the music isn’t necessary, adds nothing and is a real distraction. If unsure conduct a poll…
Good point, e-mail the seller as soon as you find the fault. I am always pushing for time to take things back, everyone seems to want my time. It is also a record, time stamped that you have made the complaint. No matter how much you think you know watching these vids give some good points.
Love these, thanks for your time. Any advice on rights when purchasing used goods from a private sellers on ebay?
I'm currently onto my 2nd assignment of this year and it's about CRA2015. I follow you in tiktok, thought I followed you here too🤔 thanks for posting and informative video
Can we hear your insight into how the CRA applies to goods purchased where Amazon is acting as the 'marketplace' for a third-party seller? Also, I would be interested to learn more about 'durability'. As an example, I bought an outdoor security camera which became faulty after just three years use. Who decides what length of durability can be reasonably expected?
Hi, thanks for posting the video. Case: a £420 laptop bought online has broken (turned off when being used in normal circumstances) the laptop on the day it broke was 8 days outside its 12month warranty. The issue was logged with the retailer via the Resolvergroup platform on the day. They have replied saying out of warranty and offered no help.
Next stage will be to push that a £420 laptop is not of satisfactory quality, nor is it fit for it's intended purpose to last 1 year and 8 days. Any reasonable person wouldn't expect to buy a laptop of that price each year.
Any pointers much appreciated. Great videos that are helping people.
Yes I would say it should last longer. Start with a formal letter setting it out that you expect it to be resolved. Overall limitation for contracts is 6 yrs.
Thanks for this video. How do you enforce your consumer rights if in a dispute, you show them to an online shop but they won’t comply?
Hi thanks for your informative videos. Just a suggestion but is it possible to do a vid on claiming items under guarantee. Responsibilities of traders, merchants etc vs responsibility of manufacturers. Also an expansion of proof of purchase vs receipts. Thanks for your attention.
hello mate thank you very much for this has helped clarify a nasty situation that i am in with a car that i purchased
Hi Daniel, very well explained, my issue is my son cancelled a swimming membership one day after they took the quarterly payment, I expected them to keep one month and refund us for the remaining two but they refused. Do I have any statutory right. Thank
thanks for such an informative video
if i pay a deposit and change my mind within the 14 day cooling off period will i receive a full refund and what time period should it take for that refund to be made by the seller?
Hi Daniel, thank you so much for the video, its really helpful! what if a person buys a second hand laptop and stopped working after 2 months, and he has got the original receipt. what section of CRA applies?
From a shop? I would insist on having it repaired/replaced
Hi Daniel, Thank you for your video. I recently purchased flight ticket with online travel agency. Due to the pandemic ans my medical condition I had to cancel my trip but they refused to give me refund. Even all the airline companies are offering refund. The travel company said my ticket is a specific type and non refundable. I never knew what type of ticket I bought, but they said it doesn’t matter because I signed the contract when I purchased the ticket. Is it piscine to file a claim? I would appreciate your advise. Thank you!
Thanks for your video. Very helpful. I bought a motorcycle 3 weeks ago. Brand new. Have been back several times with the engine management light on. They have been unable to fix it so far. I also had a hole in the petrol tank due to poor materials. The tank has been replaced but the light is still on. I have said that I don't trust the bike now and want a replacement. Can I insist? They are saying about having it in again to try and repair it. The whole experience is putting me off motorcycles all together. This is my first bike at the grand old age of 44
Very well set out but how do you deal with companies like CEX ltd who WILL state that you are only entitled to a credit note if it’s faulty.
Hi I bought a Samsung TV from littlewoods catalogue that is malfunctioning after 3 years. I paid £300 after some discounts. I think it was £400 originally. Can I get it repaired or replaced under CRA not fit for purpose?
Is a retailer allowed to have a different return policy for their online customers and their store based customers for the same product? I researched a product online and then bought it from the store. There was no online warning that if the product was purchased in-store you were unable to return it once the seal was broken. The company has also admitted their online customers CAN return the product under the same circumstances. Thanks.
Hi Daniel, I have a question more related to tradesman and services (repairs) and wondered if you could answer. I received a threat of being sued from a business owner over my negative but truthful google review. The review was about the poor communication involved in the service: 1) invoice presented with no prior confirmation/or agreement of the total cost nor the proper breakdown of costs; 2) choice made on the materails without any prior communcation or consent confirmed; 3) no good communication regarding cancellation policy and a range of other rather unpleasant interactions throughout. My tenant is also involved as the whole situation got difficult as the result of the first cancellation not being timely communicated to him by my tenant who tested positive of covid and had to decline access. We apologied and booked the tradesman back in when the tenant got out of self isolution (roughly 10 days) and then suddenly the cancellation charge and a bill with no proper breakdown as mentioned. I did paid the full amonut but I left a negative review as I do not agree with the approach being used and hence the treat. I wonder whether you may have any advice over that. Thanks.
Hi Daniel. Your videos are really informative, thanks. I watched your video on warranties, but can’t find it now. Just over 9 years ago, we bought a Franke waste disposal unit from an online store. It’s developed a leak. When it was bought, the details included “lifetime warranty “. Franke now say that means 7 years, although they now give 10 years. Can they just decide their own definition? Thanks, Charles
It would ultimately be for the court - not the retailer - to decide what "lifetime" means, taking into account the entire wording of the warranty including any small print. If there's no other relevant wording, a court would probably say that lifetime means for the life of the product, not just for 7 or 10 years.
I hve am expense pair of bt earbuds, and is faulty just with in then1 year warranty.
But the manufacturer can not replace it with the same colour.
What are my rights.
And how long should they replace my item, as I can nit use it, because it is faulty, and I had to send it to tham.
Thank you!
Anybody know this? If I renew a contract on 31 January, and the new contract begins on 5 March, when does the 14 day cooling off period start? 31 January or 5 March?
What about the state of the item? As a retailer, I see people rip open the internal packaging and then just say that they changed their mind or that it does no do what I wanted with talking to the salesperson about it in the first place. I have even seen products obviously used for a couple of weeks and just say that I have changed their mind.
Hi Daniel, I used to claim under the EU consumer protection law up to 6 years from the date of purchase for faulty goods. Have we lost this now as a consequence of Brexit or has it been replaced? Thank you
6 years remains the limitation period for simple contracts and for more consumer videos check this playlist
czcams.com/play/PLOu1C4wHKjG6abLDu-UBqP9gi-weH5ZFv.html
Can you do something on Ebay sellers returning goods when buyer says no returns policy, please?
What about digital goods like a mobile phone. Manufacturer fault, common fault. But had for longer than 6 months, and lifetime repair warranty is offered on main website with pay monthly airtime plan?
Thank you.
I'm currently in a situation with the above .🤯
Hi would a disposable vape be covered by this? If once opened you realise it doesn't work. The local shop has a no refund policy, but I thought consumer rights act trumped that. Should add, didnt want a refund just an exchange.
Hi, listening to your interview on Blue Skies today made me think to see if I could find some information out from your channel. Thank you for doing this by the way. I still am not sure, on this one as it is goods and services, with a software element. I purchased a EV Charging point online, paying for the unit and fitting via an installer. I received a £350 grant, which was claimed back by the installer. The charger has never worked right and it has been subject to repairs, with it being replaced once. Since it was replaced the unit still has never worked right and I have contacted the installation company a number of times. My telephone messages and emails went unanswered. I finally got to speak to them recently, and an engineer was booked who never turned up at the allotted time. I again called the installation company, who told me it was an engineer from the charger manufacturer and that the issue had nothing to do with them. The installer also told me the EV charger in question needed to have its software sorted out, and that was the issue, again saying it is for the manufacturer to resolve. Currently the charger is sat unused and turned off as it is so unreliable we can not be guaranteed a charge from it. It does not work as requested. At the time of ordering we spoke to the installer and informed them of our model of car and needs, the installer recommended the charger. I have asked the installer to either replace it with a model that will meet or needs or remove it and refund me but they refuse, saying it is down to the manufacturer and its warranty, I disagreed with the installer saying I had a contract with them, which they have breached. The installer denied we have a contract and has refused any liability. The installation is a year old, can I claim a refund from the installer under the CRA 2015 and what is the best process? Hoping you can give some direction, thank you.
Hi with regards to the repair or replace after 30days but before the 6months who gets to decide between a repair or replacement? Is the retailers decision or the perchaser? Feel like I’m being fobed off by a large chain of what I consider a not fit for purpose motorcycle crash helmet. Happy to share more details with you if it would make a good video/help someone else out in the future
Recenetly bought a sofa which after a month of using some of the parts has faded, change of colour. I have call the retailer and they refused to refund, Im very frustrated and middle of nowhere dont know what to do🤦♂️🤷♂️
What is the consumer rights act under posting bad reviews where the the service, goods or products was never used or bought? Could you please reply! Are consumers allowed to do this?
hi, I am having a problem with Three mobiles. Can i move forward
What happens when, say, a phone company says that you ordered something but could produce no evidence that it was delivered but the company continued to take money?
Would love to see a video on what to do if the company , ombudsman, trading standards or other regulatory body does not help you achieve an outcome of a failure of a product, offering or service etc. I.E what other steps can a consumer to force accountability from a non complaint or non co-operative firm?
could I please ask your opinion? I know it's only an opinion and not advice but I'm unsure where I stand. I purchased a microwave about 14months ago, this one turned out to be faulty (the light inside went and was not replaceable) the company in question replaced the item with no issue. unfortunately the replacement has now got the same fault but they are saying the original 12month warranty is up and the light does not affect the unit it's self. is this correct or should I push for a new one. love the channel keep it up. thanks
Thanks for watching! Generally, guarantees are free and warranties are not, but a replacement under either doesn't "re-start the clock" as it were, but as always it would come down to the fine print! Nothing to stop you pushing for a replacement but you might struggle as they may just say it won't last forever and therefore not a 'fault', as such.
Are stores allowed to force you to accept a credit note if a tv breaks (found to be due to a manufacturing fault) after 2 years but within the store's warranty period?
I was forced by john lewis, after the tv was found to be irreparable, to accept a credit note, and for less than the original purchase price.
I bought a head unit from an Ebay shop. It stopped working after 2 months, seller stopped replying to emails. Is there anything I can do.
Thanks
Anyone know if there is an equivalent consumer rights law in the US?
Can an insurance claim affect any potential litigation against a manufacturer for damage caused by a defect?
There is a whole topic on "double recovery" (and a general rule against a claimant being compensated twice).
If I buy a computer game, is the publisher allowed to prevent me from using it?
What are the rules on second hand vehicles, such as cars and mototrcycles?
Please supply a link to automotive rights if different.
What if your partner purchased the faulty product for you and that product has caused property damage.
Hi, I purchased a few items from a shop, I asked if it doesn't fit can it be returned, to which the sales assistant said yes. They have changing rooms but due to covid had been locked. What are my rights? The shops return policy is a credit note.
If there is nothing wrong with it (other than doesn't fit) there is no "right" to return, so the store policy will apply
@@BlackBeltBarrister Did the sales assistant not amend the stors contract when she agreed to let her take it back if it did not fit?
Hi! How about the service of covid 19 testing that you felt left out once you changed your mind. I try to cancel the booking of day 2 test for my mum that she unfortunately unable to come but no response and really hard to contact the customer service. The only mean is to fill the form. They said it takes leat 72 hours. 4 days has gone without any response. Went to the Trust pilot review 3 times to call for help now they frozen my acess. I read many unsatisfactory reviews it is not happen to just me. Are these companies fallen to the same category of retailers? Please.
Panasonic are currently taking me on a ride, it's gone as far as the ombudsman and I'm being told that I can't have a partial refund because the fault has to be the same as the unit that was originally replaced. When I looked in to the legislation I couldn't find any such wording that suggests it needs to be the same fault as the original product, Who's right?
The reason for me asking for a partial refund is because Panasonic denied me a replacement, on the faulty replacement they sent me, they go on to explain that it was 42 days out from their 30 days terms and conditions. Which they inforced over Christmas and New year, so we had to find this fault during Christmas and New year, not only do I believe it's against the consumer rights act 2015, but it's unfair terms and condition
Question: How do you know whether you are protected under the Consumer Rights Act?
If the company website indicates that there are particular Ts & C's (procedures?) when selling B2B but that they were not enacted. And in all ways the purchaser believed that they were acting as a consumer. Further evidence being the email signature of trader 'promoting' the Which Trusted Trader scheme, a protection for consumers only.
Therefore so far as the buyer understands they were treated and believed that the relationship was Business to Consumer but when things started to go wrong, the business decides as a defence that the purchaser was a business (for reasons that aren't actually relevant to the question, suffice to say that the buyer acted in good faith).
The query being, can the trader in effect change the relationship to dig themselves out of a hole, well a crater? Rightly or wrongly both parties entered the contract as Trader consumer, the consumer wishing to rely on the Consumer Rights Act but the trader attempts to retrospectively change the relationship and thereby denying the Consumer their rights.
When your item/products is out of the 12 month timeframe, Can you not also argue the ground thats its a “common fault”.
If you can prove that their are multiple similar/same issues with an item then get a refund/repair/replace?
Your overall timeframe to claim is 6 years, but after 6 months, the burden is on you to prove the defect was already there. A product recall would be a good example of this and the situation you describe.
@blackbeltbarrister.... Interesting, would product reviews or forum complaints be considered as evidence of common faults.
Hey there I was interested in what you were saying but the music made it to follow . Very distracted by it
Hi my son brought a motorcycle from a private seller on Facebook market place and after 3 days of having it we found out it was a stolen bike does this act cover this?
The basic rule of law is that you cannot sell what you do not own. That means, of course, that you cannot buy from a non-owner either. The general rule where goods are sold by a non-owner is that the eventual purchaser does not gain good title. (read more here: www.netlawman.co.uk/ia/selling-goods-non-owner)
Hi purchased a mattress and it was deemed faulty first I was told 3-4 weeks then was told 4-6 weeks now I've been told 6-8 weeks before I'll get a delivery date, what is considered an unreasonable time to wait and can I insist on a refund. Thanks
I would say that’s probably the stretch of it!
@@BlackBeltBarrister thanks for for such a speedy reply as the mattress was less than 3 months old from bensons for beds could you point me in the right direction if the wait time go's beyond the 8 week mark which will be the end of this week.
Thanks again
Where does an item that developed a fault within the first 30 days stand in this act? For example, if a merchant sells an electric scooter to a consumer which develops a fault and is brought to the attention of the merchant on the 20th day, does a consumer have a right to a refund if the merchant argues that the fault could have been developed as a result of misuse, and not necessarily a manufacturing defect?
A "fault" within 30 days, there is a right of return
I signed a contract for a "Living Space" which was small extension to be built onto my current house. This would be a brick walled and solid roof construction. I handed over £3000 deposit as the salesman said it would secure the price and cancelled on day 8. The company, which is a double glazing company, said that I had cancelled outside of the 7 day cooling off period and my "Living Space" was classed as bespoke so I do not have the 14 day right to cancel as in law. The only double glazing product would be the windows and door, which had not been measured or chosen and did not exist theoretically or in practise upon my cancellation on day 8. Bricks and tiles are not bespoke items, and I am arguing that, in spite of their terms, it was actually a mixed contract and I do have a 14 day right to cancel.
What are your views on this? Can a structural building be classed as bespoke if it is a) not a conservatory and b) comprised of prefabricated parts (foundations, bricks and tiles). Do you believe I have a 14 day right to cancel?
Is there a reasonable time frame for a business to inspect and repair an item? im currently dealing with the motor ombudsman on a second hand car and disagree with the adjudicators decision
Without unreasonable inconvenience to the consumer
Answered on #BlackBeltSecrets !
czcams.com/video/s4j0nUK-sSk/video.html
@@BlackBeltBarrister I have now had the ombudsman decision and they have upheld my complaint and awarded me my financial losses but they cannot award me compensation and the dealership has declined good will gesture isit worth going to court for further compensation or isit best to just accept the ombudsman decision
@@thomasreed832 probably risky but always depends on the full facts!
@@BlackBeltBarrister okay thanks for the reply think I will go court is there a video on particulars for the n1 paper form as I can't use the online system
If the item becomes faulty within 30 days due to the actions of the consumer as evident by the condition of the item, are they still in their right for a full refund?
No - it must be a fault with the product but the key is that it is a "right" to return if faulty, rather than right to repair/replacement, which comes after.
@@BlackBeltBarrister I see, so the consumers right to return is essentially unconditional within the first 30 days, whereas, their right to a full refund is conditional - faulty on arrival = right to refund; developed a fault = conditional refund? Do you have any insight or resources into cases of faulty on arrival vs developed a fault, as this is almost a he says she says area? Thank you
Everything nice explained, but it does not work in the UK at all! I bought faulty car with dishonest MOT for one year. When I checked the car it did not pass MOT and from this time I can not use it. To this time I have to fight for my money.
I bought a steam cleaner from Mercari. It arrived broken, I returned it. While it was in transport being returned to the seller, Mercari cancelled the return stating the time passed to return it. They will not refund my money or give me another product. They will not do anything at all. I provided the receipt of returning it, and they said the time had passed. They just straight ripped me off. I have no product, no credit, no refund. What can I do, anything?
I live in the United States
My dad bough a gas cooker Jan 2019 £500.
1 ring stopped working within 5 months , He went in to the shop to be told if it wasnt the cooker then he would be charged £100s of pounds by the assistant. Now 2yrs this week the cooker has 2 new faults top oven wont stay lit and the bottom goes out willynilly . Currys are trying to say its nothing to do with them but the manufacturers warrantee. I sent a letter to them 27 Nov2020 main office no reply and again end of December to local store. Can I go in and demand his customer rights to repair , replace or refund the cooker. Many thanks.
Hi. There's this scam going where I click on thumbnails of fit women and I end up with some bald bloke talking about contracts. Do you think I have a case?
Had a shed came damaged, company sent me replacement panels that came in damaged box, for love or money no one wants to take down plastic shed and reinstall it get loads of different excuses but it’s down to fact that no one wants to take responsibility for it getting damaged taking down. Now roof panels started rusting , emailed shed retailer under section 75 refuse this saying want more photos and saying I live 40 miles from coast that’s why they are rusting(lmfao) I have asked for replacement this thing outside I cNt use less than year old , cost 2k pulling my hair out, stress, any help be much appreciated, thank you for reading ,
Perhaps one for my @blackbeltsecrets discussion vlog, if you’re happy? 😁
I am having issues with a trader. I purchased a brand new gpu (graphics card) and it arrived broken. I have reported this well within the first 30 days.
Even the manager has confitmed he saw my issue on the 23rd day. That is when he was brought ibto the matter.
He is claiming due to the damage being caused more than likely by courier i.e during ddlivery its not a conduner rights issue and havd refused my right to reject and will neither replace or refund.
I have sent him the law and explained he cant refuse my right to rejecf. He also claimed because i never used the words right to reject he doesnt have go do anything about this.
I am in the process of sending them a pre court letter. But is there any advuce you can give me please. I spent alot of money of this piece of junk. Thanks in adbance kerp up the good work.
bought hisence tv online from currys buisness 5 months ago ,it freeses on youtube and two leds have blown on the 4k tv currys said "contact hisence as its after 30 days to get them to sort it so i did they want evidence so i sent it .has currys broke the years garauntee as i was told nothing of a cooling off period as currys have exchanged two faulty tvs in 3 weeks prior to this one 1. toshiba.2. hisence with 2 2022 models and replace it with hisence 2022 models ,why does the law say they have to give the maker the chance to fix it as its under 1 year garuantee from currys
Y do u have that phyco cliqing like wen a train a dog I'm a bit offendid by that idk maybe sum ppl just dont care or maybe that phyco tool didnt work on my psych
I'm not sure I understand your comment/question
I geuss it can be characterized as a subliminal demand havent u seen the dog whisperer well same ideology
Yea it's hard 2 understand, I say its the cassanovas
There is a certain DIY store that totally trash your CRA2015 rights. After the 30 day limit they deny all responsibilty for the product an insist that your contract lies with the manufacturer not them. Don't bother to complain because that is a black hole.
I have experienced a few!
Hi Daniel, great video. I’ve currently just questioned BMW about something like this. In 2019 I purchased a 1 year old car that had a clunk on the front left wheel. After 2 attempts of repairing it I told them I no longer wanted the vehicle and asked what my options were. They said the only thing I could do was sell it back to them at current value which left me owing £3100, which I had to take out a settlement loan with them as well as new finance. In their last email to me they stated there was no right to reject it and that was their full and final statement on the matter. Is there I way I can try to claim the £3100 back from them or am I just left paying the settlement loan? Thanks
Hi black belt barrister, can I ask you to watch a video on police abusing powers channel regarding a 97 year old lady, the video is called we can’t let this happen, please she needs help and pap is asking for help and advice, please my friend we need you. Thanks
Or most likely a woman edited this vid haha my bad connor
Mario bruduhs is better
Hi I wonder if you can advise? I look after the First Aid and H&S for the company I work for and last year we decided to purchase a Defibrillator. We purchased it through a well known First Aid provider and placed the order last June, due to shortages we only received it last week. The instructions says we should have received an email with a login so that we can download any upgrades etc.
I emailed the company we directly purchased from they informed me to contact the company who it directly came from, in this case a company in Venlo, Holland. Although there was no Email address or contact telephone number I managed through due diligence to seek a point of contact.
I emailed them and explained the situation, they emailed me back to say it was the company we purchased it from responsibility.
What are the rights of my company in demanding that this is sorted out?
Hi Daniel:
I bought an exhaust system on-line. There was no mention of it being significantly louder than a manufactures one which I have since purchased. Do I have a claim for a refund?
Many thanks in advance.