Consumer Protection Act


The Sale of Goods Act provides protection against goods which are of poor quality. As we have mentioned, the definition of ‘quality’ takes into account fitness for purpose, appearance and finish, freedom from minor blemishes, durability and safety. If a product is unsafe, we must look to the Consumer Protection Act as it provides different information on what your remedies are and who you should pursue as the responsible party.

Damages and Compensation

To make a successful claim for damages or compensation as a result of using an unsafe item, there are a number of things you must first prove.

  1. The product has a defect
  2. Damage has been caused (death, personal injury, damage to private property in excess of £275)
  3. The damage was caused by the defect
  4. The producer can be identified

Although you no longer have to prove negligence on the part of the supplier, you still have to prove the defect, the damage and the link between the two, so it could very well amount to the same thing. You should also ensure you were using the product only for the purposes it was reasonably intended for, and there were no safety instructions which you ignored. Similarly, if a product is marketed for expert or experienced users and you are a novice, you have nobody to blame but yourself if you are injured as a result.

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22 comments… add one
  • Kerri Blunden 7 April, 9:17 pm

    Due to a change in circumstances I have been unable to keep up my payments for a loan taken out in 2005. I have repeatedly asked the company to accept a lower payment plan and they repeatedly refuse. I went to citizens advice and they contacted them on several occassions but have been unable to help. I am now being threatened with court proceedings. Where do I stand if tken to court as I cant afford what they’re asking me.
    Thank you for your time

    Reply
  • denis M 26 May, 6:53 pm

    i had a mobile phone contract with o2 through the carephone warehouse that ended in october 2009. i stopped the payemnts in november 2009 but carphone warehouse kept sending me bills for payment. i contacted carphone warehouse in January who said i had to inform them of the cancellation. i said fair enough i informed them paid up the out standing mony for the two months.
    i was asked to retain the o2 line as a pay as you go and paid £10 extra credit. carphonewarehouse told me that they would send me a sim card but because i was traveling out of the country that weekend (sunday 24/1/2010) i therefore picked the sim card at a carphone shop on Maryleborn on the 23/1/2010, contacted 02 from the shop gave them the PAC number i was given and thought all was well after that.
    the following day i travelled and on returning 17/2/2010 i found more letters demanding more money. they insisted that the PAC had not been activated so i had to pay for two months more line rental which i declined.denis

    Reply
    • sjfg 16 September, 3:04 pm

      I FUCKING HATE THIS SHIT

      Reply
  • amanda dickson 26 October, 10:04 pm

    I have a complaint with PC World and should like to contact someone who could put pressure on them to reimburse me. Could you advise me to whom I should write. with thanks

    Reply
  • Una Rice 5 September, 2:08 pm

    Can you assist me in terms of a course that I was sold but was not the right course for me. I apprciate that there is no tangible measure of the course being fit for purpose, or having a defect but there is an issue over my capabilities to undertake such a course when I have short term memory and previously suffered from brain damage. Is there an area of the law that would be able to protect me in these similar circumstances. Any information you can provise would be appreciated. This has been written on my behalf. Una

    Reply
  • mido 15 November, 12:12 pm

    Hello
    i apply with collage which was registered with UK border agency
    then they refused to let me attend till i get my answer from UK border , then i received letter from uk border agency tell me that collage not register any more with UK Border Agency , i back to them to get my money back they refused to give it to me i have invoice with the money i paid £2100
    could you advice me what shall i do
    and what the fast way to get this money back
    thanks

    Reply
  • Alan Prendergast 14 July, 11:29 am

    I have purchased a Tumble dryer and had it stored as delivered in my garage for 2 months.
    i have taken it out and unwrapped it and it has been found to be damaged to an extent where it is not safe to use.
    I have contacted the retailer who advises me that due to the delivery being 2 months ago and nobody has advised the damage previously they are not interested.
    I did point out that the component was wrapped in shrink wrap and the sides that are damaged could not be seen until the packaging was removed.
    Can you please advise my rights on this matter.

    Reply
  • jasmine 19 September, 9:21 am

    I have ordered items of efello.com.this is a clothes online shopping system.
    On the website I was told despatch date is 16th August 2013 but I still haven’t received the items I ordered and every time I phoned I was told they will be there with in week and till date I haven’t got my money back or the items I ordered.the main line of phone number is in London which means its not in india and not hard to reach.can you please help me and point me to the right direction as I want my money back.
    Thank you

    Reply
  • Mrs D Spicer 17 February, 10:18 am

    I really don’t know which category to look for answers concerning my question. Is it goods, services or what? I have bought a retirement apartment off plan so only found out after moving in that the lift shaft formed part of the flat. The noise is awful and they keep trying different things but nothing helps. Do I have the right to ask for my money back or even an alternative apartment in the building?
    Any help would be appreciated. Thank you

    Reply
  • Ceta Millington 4 March, 3:26 am

    Hello,the charging port had broken on my HTC sensation 4G mobile phone,as it had been previously repaired by a mobile phone shop for slight water damage I had no choice but to take it to a mobile phone shop to be fixed.i bought an original HTC sensation charging port off eBay and a local mobile phone shop agreed to fit it.however,when I got home with my phone and was able to have a closer look I noticed that where they had fitted the charging port onto the circuit board they had used too much excessive heat as they had melted parts of the circuit board around the charging port.approx a week or so later the phones began “playing up” when charging,and within approx 2/3weeks it had become impossible to charge my phone at all,I took my phone back to the phone shop and argued with them,but they pointed out that as the part wasn’t supplied by them they can’t be held responsible,as they had a valid point (regardless of the fact that they had damaged my phone) I agreed to pay another £20 for them to supply and fit a new charging port,they took my partners phone number in case there were any problems (funnily enough they even had the audacity to say that the melting to the charging port they fitted and to the circuit board that they did as a possible reason for problems).this time when I got home and checked my phone I discovered that they had actually CUT out a section of the circuit board where they’ve fitted the new charging port,that was approx 2weeks ago and my phone has completely ceased to hold a charge or even retain a charging current.i dont understand how theyre allowed to damage my phone like this without my expressed permission,surely this cant be right can it hun?i suffer from bipolar,severe agoraphobia,and panic/anxiety attacks,and I’m registered disabled too,so I desperately rely on my phone heavily and I’m so very lost without it,and I just don’t know what I can do or whom to turn to for help,my circumstances are exceptionally strained as it is and it’s so hard for me to get outdoors to try to attempt to sort problems like this out,so please,any snippet of help or advice would be so very gratefully received,Thank you Hun. Ceta.

    Reply
  • Annie Brenton 27 March, 10:14 am

    We bought a sofa from Dfs in February 2014 priced £799. On delivery on 18th March it was faulty. The seat cushions protrude 9cms. beyond the seating base; there is no support and obviously the foam is going to bend under pressure and break /deteriorate very rapidly. We asked for a replacement or for the cushions to be replaced. Dfs do not accept there is anything wrong. What can we do? Thanks for your help.

    Reply
  • Letitia 5 April, 5:45 pm

    Hi, I have a contract with Talk Talk since last year I’m paying for the service which I don’t get, my Bt line is not working since 1 year, this issue is going on and on, I’ m paying monthly 21.70 for nothing , since last year they could not resolve the problem. I would like to make a claim to reimburse all my money since last year.

    Reply
  • Shirley Barton 13 May, 1:56 pm

    I have paid out this money for home repairs, first of which was for my roof! My neighbor is a contractor , having done his house and another in our block I contacted him about the work here.He did the work in June 2010, my home still looks like it’s in process!
    The Main Problem at this Point is “THE ORIGINAL ONE, THE LEAKING ROOF” in exactly the same place. I’ve continue to ask Mr. Garcia to fix the problem , he promises but has not! Now the ceiling in my bathroom is getting in direpair. I don’t 30k more to give anyone. That was all I had I’m 68 1/2 years old so it’s not likely I’ll be getting anymore.

    Reply
  • SHAMIM AKHTER 6 June, 6:37 pm

    I have purchased a pair of summer sandals on 27 March 14 online from Newlook. The problem is, i have started wearing them about a month ago. The sandals have started to develope a tear. Will i be able to take them to my local Newlook and get an exchange or refund. I have proof of purchase aswell.

    Reply
  • peckraj 20 March, 2:24 pm

    I have a court case for clinical negligence against my employer. I am of opinion that I have hot a strong case, but my solicitors have been dragging their feet for 4 years now and are now saying that my case does not exceed 50 % prospect in court. I have decided to dismiss them and represent myself. What would this incir interms of cost to these solicitor, and would I have to pay for their work to this point?

    Reply
  • carol davidson 24 March, 12:09 pm

    I purchased a cashmere sweater from M&S but after a few months it developed a hole in it.
    When I returned it, I couldn’t find the receipt, the assistant would only refund the last price
    that the item was sold at . I knew I had paid the full price and was very disappointed .Since then
    I found the original receipt and when I returned to the store with the proper receipt I was told
    I was far too late in contacting them. Surely if an item is unfit for the purpose it qualifies for a full refund?

    Reply
  • Ian hotson 6 May, 6:06 pm

    I had a company in to fix my extractor fan at my restaurant and they overcharged me quite considerably for the labour and hours worked. What can i do because now they want me to pay the invoice but it is £500 over what it should be

    Reply
  • Susan Conway 10 July, 3:49 pm

    I have been conned by a firm calling itself Stemologica. I ordered free samples paying postage . My account has been relieved of a large amount for me. I have been told others have met a similar fate. There is no way to reach them. My bank has been told not to make further payments if requested, told me about the others in my position. I realise that I have been foolish but I am hoping you might be able to advise me.

    Thank you.

    Mrs Susan Conway
    I should add the offer was posted on Facebook

    Reply
  • George Mckenzie 22 October, 11:17 am

    FREE PART1 at dvsa Red Driving School – made enquiries in may by middle June 5 calls to enrol me – discounted pric – after paying nearly £1000 – my father was Sick and poorly and told them I did not want to carry on coul they reimburse my money and told them about the DVSA theory online free which rattled them RDS sent me 2 books and connected me to mock test theory 1 online training —-after a couple weeks googled DVSA (driving vehicle standards agency) and found they did online mock tests free in fact they were the correct format – and the best way as DVSA conduct the test – so I may have lost a grand but your part 1 need not cost you a grand —George

    Reply
  • Diane 7 April, 7:39 pm

    We purchased a 3 seater electric recliner, 2 seater manual recliner and flotation from DFS in Jan 2015, after waiting 13 weeks it arrived, it was damaged, we complained at the time and a Manager came to visit and ordered a complete New suite. Another 13 weeks beginning of June it arrived. In Jan 2016 the seats on the 3 seater were sagging so when you sit you are leaning one way. A service engineer came and wedged foam into the pads supposedly solving the problem. 1 month later in Feb it was the same again, another engineer came and said New pads would be ordered an take a few weeks and DFS would keep in touch. We heard nothing so 4 weeks later 14th March we went to DFS, the Manager said the pads take 6 weeks, unhappy I asked if the pads would be a better quality, he said they were all the same. I stated in that case I didn’t want them and would like to refund. I wrote to head office complaints department, I did get a phone call acknowledging my email on 17th and advising me the pads were at Doncaster. On 30th the Exeter branch rang and said they could fit the pads on 15th April, I explained I didn’t want the same poor quality pads fitted. I also wanted to know why it had taken so long to get from Doncaster to Exeter? The lady said she would get the Manager to ring, yesterday I missed a call from him as I was working, I rang today after work at 1630 to be told he is in holiday until 19th. I rang head office to see why they had not replied in writing to me, they said “we don’t reply as the store manager is dealing with it”
    Do you think that we are entitled to a refund, we gave them the opportunity to put it right once and only rejected the offer of a 3 hour repair as I think the quality will be of the same standard and do not want to be contacting them again in 3 months.
    We took out 3 years interest free credit.

    Reply
  • Rosalie Thomas 13 April, 12:38 pm

    I lost a crown on a tooth due to biting on a foreign object in a pack of croutons.
    I returned the pack with the foreign object ( a piece of plastic) and asked company for comments.
    I received a reply stating that all their records show that their safety procedures were in place and they cannot understand how the object came to be associated with the product.
    Despite the fact that I told them I had to have dental treatment due to the incident, I have been sent a derisory £5 voucher. I have since had the crown replaced, which cost just over £500.00.
    Have I got good grounds to push them on this?

    Reply
  • philip durston 26 December, 11:04 am

    we bought a universal travel adaptor plug from b&q store in Taunton last year ,it converts a french wall socket into a english 3 pin socket .we now live in france and used it here ,i contacted b&q customer services to say to our horror the adaptor caught fire ,we thought it was just a faulty one but i used another and that caught fire ,all they said was sorry ,send some pictures and we will look into this ,they offered a £10 voucher which we cannot use ,is this right can they just do that ,this adaptor burnt some of the house wiring away and could have caused a house fire ‘i know i have left this a bit late but i can’t help think what could have happened and they did not care .Is there something i can do ,i still have the faulty product

    Reply