I need help with PC World!

[rosiecotton]

I can only back up what others have been saying, get that letter off as soon as possible.

 

I would slightly disagree on the Act to quote though, but it's not really a big deal - I would always advise the Sale of Goods Act 1979 (as amended) as that was the original Act amended by both the Act demon quoted plus the Supply of Goods To Consumers Regulations 2002. It's still the main piece of legislation to refer to.

 

PC World seem to have very little grasp of this legislation.

[rosiecotton]

if you complain direct to your local trading standards office - they should take on your complaint for you and will deal directly with PC World

 

Unfortunately unless you are lucky enough to live in a county where the Trading Standards offices are well resourced, it's unlikely they will actively be able to assist in an individual case I'm afraid. Even if they did, they don't have enforcement powers in civil law so can't order the companies to take any particular forms of action if they're refusing point blank to do so.

[rosiecotton]

One thing that people on this forum are overlooking is that there are two sides to this story, the consumer who says that the product has failed through normal use and the retailer who says it's been abused. Without seeing the product to confirm who is correct, no one on this forum is entitled to say what the retailer should do to resolve the problem, if anything, or what the consumer can go into store and demand.

 

I'm always fully aware that there are two sides to every story and ultimately it's only a judge in court who can decide who is right and who is wrong.

 

But the OP has come to this site for advice based on the information she has posted, which she has got.

 

Your post does make it sound like she should just accept the verdict the store has given her without a fight, even if she has a good case.

 

If everyone did that, the stores would try this tack all the time in the knowledge that they'd get away with it and people wouldn't bother pursuing their legal rights. And in some cases I am sure this is true!

 

If the case did come to court, it would be down to the trader to convince the judge - with evidence - that the item had been abused. If they can do this, then they may well win the case. But if this evidence is flimsy or questionable and the consumer can defend it, then the consumer could well win and get their repair or replacement.

[rosiecotton]

Trading Standards have no powers to act in civil law. This means that they cannot enforce, say, the Sale of Goods Act or the Supply of Goods and Services Act. Only a small claims court can do this. They have not been "given" any more empowerments and certainly no more money!

 

Some TS departments are better resourced than others, and can assist in cases and attempt to mediate. Others do this for just the most vulnerable members of society. Other TS departments do not offer any civil intervention or advice at all. It all depends on resources. None of them can force traders to take any particular course of action. They cannot guarantee to resolve anything for you if it is a civil matter, such as those detailed in this thread, simply because they do not have the legal powers. They cannot fine companies for failing to comply with the Sale of Goods Act in individual cases, for example.

 

If a trader is continually acting "to the consumer's detriment" it is possible that they can take Enterprise Act action to stop this practice, but again it won't necessarily resolve individual cases unless the trader agrees in informal talks.

 

Just trying to clarify what TS can and cannot do

 

 

 

Hi,

 

I know that their hasn't been any massive 'press' release regarding the way that Trading Standards have been given more empowerment (or money) to act.

I'm surprised, especially as the government need some good reviews right now, but through personal experience I can testify that Trading Standards are a lot more pro-active in coming forward and taking large (or small) companies on - head-on.

 

I was shocked by Trading Standards attitude to handling companies that are obviously breaking the law. They swept me off my feet, took control and sorted it.

 

If a law is being broken (this is key - a law must be broken by the company) - Trading Standards will take responsibility of your case - period. They will resolve it - period.

It will not cost you a penny, nor will you need to do anything apart from make a statement and corroborate it with a signature - done.

 

With large companies, I would imagine that your case would be resolved within a week or two - simply with Trading Standards involvement, however, that company will still be fined by Trading Standards to recoup the cost of having to have a Trading Standards organisation.

 

If this 'large company' decides next time to NOT resolve the customer issue quickly (because Trading Standards are going to fine them regardless), then Trading Standards will take this into account and penalise them even more.

 

Contact Trading Standards, and come back to this thread to let us know how your problem was resolved.

 

ATB

 

Darrylles

[rosiecotton]

Great! Well done.

 

No allowance made for 'wear & tear' then?

 

Yours is not the 1st & it certainly won't be the last where 'full' refunds have been obtained/awarded some time after purchase

 

 

In this case the goods were clearly faulty from the outset so the consumer had a strong argument in court that they had had no wear and tear from the item. Had they been able to use it for a year or so, the case would probably have been different.

[rosiecotton]

That is NOT what you have stated on other threads

 

It is; on other threads the posters had clearly had usage from the product, this was unuseable from the outset - there is a difference.

[rosiecotton]

Criminal law would be (examples): Trade Descriptions Act, General Product Safety Regs, Consumer Protection Act etc. If you had an unsolicited trader on your property who was not giving you cancellation rights, this is a criminal offence and Trading Standards Officers do go out to people's houses (or liaise with the police to do so) on such complaints as often such traders can be rogue traders who prey on the vulnerable.

 

Civil law is (example): the Sale of Goods Act, Supply of Goods and Services Act, contract law. Trading Standards does not have any legal powers to enforce this, even if a company are refusing to honour a consumer's statutory rights. Only a court can do this.

 

It is nothing to do with who you are, just different pieces of legislation are classified as criminal or civil, and go through different courts. TS can only enforce specific criminal trading legislation, not the civil ones, with the exception of the Enterprise Act, but that Act can only be used against "persistent offenders" - those who pose a threat to consumers as a whole.

 

Trading Standards departments in general throughout the country are suffering from a distinct cut in resources, as a local government department they are generally being told that their budget will be reduced year after year due to lower grants from central government etc. Staff are not being replaced and some functions are not being carried out, and it does depend on where you live to an extent to determine what level of service you will receive. It is a bit of a postcode lottery, and this is all because of different levels of funding. Consumer advice and assistance is not a statutory function of Trading Standards departments, so it is often this that suffers when cuts have to be made.

 

Example: If you live in Somerset, their Trading Standards department does not provide consumer advice or assistance, they do not employ any staff in this role. This is largely due to budget restraints and their priorities being in different areas. Therefore consumers within this area will not receive assistance in resolving civil complaints (breaches of the Sale of Goods Act etc).

 

If you live in Dorset, the neighbouring county, some advice and assistance may be possible if you are vulnerable and are having difficulty being able to resolve the matter yourself, or if the matter is complex. Again, as a county Dorset's resources are pretty stretched but they do offer a level of service in this area. They employ one full time equivalent civil advice and intervention officer.

 

Other counties have several staff still working in civil advice and intervention and they may be able to offer assistance to more people.

 

It really does depend on where you live, how the service is resourced and how the money is spent. In an ideal world there would be consistency of service but sadly - due to budget constraints and functions not being statutory - that is not the case.