Who do I Sue?


Bear in mind that under the Consumer Protection Act you can only sue in the event of death, personal injury and damage to private property in excess of £275. You would not be able to sue for loss or damage to the product itself. Therefore if you were to buy a defective car, which then crashes and injures you, you can sue as a result of your injuries, but not to recover the cost of the car.

But who do you sue? The Consumer Protection Act imposes liability on the producer, or any person / organisation who puts their name or trademark on the product, which generally gives the impression that they are the producer. The product may be own-branded by a retailer such as a supermarket. This is where the retailer gives the impression the product has been made by them, even though they are simply reselling someone else’s product. Where this is the case, unless the actual producer is mentioned on the packaging, it will be assumed that the retailer is the producer. Where the item has been imported into the EU from outside the EU, it will be the organisation who first imported it into the EU. This is relevant for dangerous toys which have been made in the Far East. Where you have a long distribution chain, it may be difficult to identify the liable producer. In this case you are within your rights to request details of the producer from the supplier of the product. If the supplier is either unwilling or unable to provide these details, then that person will be liable, as if they had been the producer.

Consumer Protection Act: Unsafe Products

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8 comments… add one
  • kylie mclaughlin 8 November, 7:27 pm

    bought a clock from poundstretcher, took it home and started to open it, my 10 year old daughter was helping, all of a sudden she started screaming. she has sliced her finger on the side of the clock. after attending to her i felt the sides of the clock and they were EXTREMELY sharp. who do i complain to aout this, what action can i take??

    Reply
  • Anthony Knight 5 March, 5:29 pm

    I paid out £1730.94 in March 2011 to do an HGV driving course. I failed the eye test. I have tried and been unable to get a refund. I paid by credit catd and am now told I should have claimed within 6 months so I.ve no claim by Halifax. I am disgusted by this company. I have requested a refund several times and got nothing.

    Reply
  • Gordon Ashley 6 September, 12:04 pm

    Dear Advisers,

    Following purchase of a flat in Milngavie in 2010, I now reside part of the year in Scotland and part in Melbourne, Australia. In summary, I finalised purchase, and took possession, of Flat 2, 1 The Riggs, Milngavie, G62 8LX on 29 April 2010.

    During my absences in Australia my neighbour and friend ensures that there is sufficient warmth in the flat to avoid the possibility of frozen pipes etc during particularly cold spells. In mid-February 2013 he informed me that my Ariston (Micro Genus II) boiler was not working. With my backing, he notified an Ariston authorised agent to inspect it. While the problem itself was easily rectified, the technician slapped a ‘forbidden to use’ notice on the boiler, siting the relevant clause:

    “To use this appliance could constitute a danger and for this reason the appliance has been turned off and a WARNING NOTICE has been applied.”

    This action was taken because the “flue route and materials did not comply with regulations”. In other words, the flue system was illegal and potentially dangerous. This notice was dated 13 February 2013.

    Upon my return to Scotland in early May, I had the matter dealt with by Mr Jim McAlpine of McAlpine Heating & Plumbing. This work – “Rectification of Flue Pipework” was undertaken in view of his confirmation – as stated on his paperword – that “Flueing incorrectly fitted. Discharge not terminated as per manufacturing instructions.”

    The cost of this necessary rectification was £600.00.

    The company that fitted the Ariston boiler was JD Gas Services of Dean Park, Washington Road, Kirkintilloch, G661DP (Corgi Registration Details: Reg No. 191349); Telephone – 0141 775 2007. Date of commissioning was stated (in the Installation, Commissioning and Service Record Log Book) as 25 May 2006.

    All the required conditions including “Has appliance and associated equipment been installed in accordance with the manufacturer’s instructions” and “Does the heating and hot water system comply with appropriate building regulations” were signed as having been fulfilled. The installer’s signature is on the Book, although the customer’s is not.

    At the time the operational problem occurred in February, my neighbour rang JD Gas Services, raising the issue with them. My neighbour was informed that a technician would make an inspection before the end of that same day. No one arrived and no one from the company has ever followed up.

    In view of the illegal nature of the company’s installation of the flue system, I have been obliged to pay £600 to make good JD Gas Services’ non-compliant work. In view of these circumstances, I am adamant that the said company should reimburse me the £600 it has cost me to ensure the boiler is operationally fit for use.

    I am in possession of all the relevant documentation, including the receipt for the £600 outlaid. I seek your advice on what, if anything, I need to do, apart from lodging my grievance with the Small Claims Court.

    Yours sincerely

    GORDON ASHLEY
    (07754 142 051)

    Reply
  • mark jones 28 December, 10:17 pm

    I had my front door kicked in on xmas morning at 2.00am the man admitted causing criminal damage and was cautioned by police ,how can i get compensation or the costs of renewing door and labour costs,thanking you mark.

    Reply
  • Deborah Hutton 11 January, 9:19 pm

    Bought deep fat fryer on 3 us it exploded ,after speaking to customer services first told a liar,then not there’s then I contacted c.e.o of company ,item picked and letter of apology and was tested and found to have a theme expansion issue and admitted liability in writing can I claim compensation ,only injury was a small cut to hand nothing major just glad it was just me in kitchen .

    Reply
  • Brooke 22 September, 10:19 am

    In 2012 I got my eyebrows tattooed my friend brought be the voucher from groupon it stated on the voucher that it would be semi permanant make-up which lasts up to 3yrs.. It has now been 3 and half years and my eyebrows are atill the same as they we’re when I left the shop I think they are permanent tattoo, also a friend of mine said she started working at this shop and said that the man who tattooed my eyebrows doesn’t even sterilise his equipment! How can I go about this or can I even claim? As now I am having to have them removed which is costing a fortune and if they where semi permanent in the first place then I wouldn’t even have to do this in the first place.

    Reply
  • kizzy scott 22 November, 2:06 am

    Hi, hope you can help! We had some work done in 2012 after it was done we then had a problem so my husband called over to the person as they live in our street to let them know things were’nt right.

    He & his wife both said oh you’ll need a bigger tank which on his advice had been made smaller by my husband. A few weeks later he came to fix the problems however had’nt told us he was coming & I was Ill with a Migraine so he was told he could’nt do work that day to which he stormed off whilst my Husband was trying to rearange but he ignored him & left slamming the gate behind him.

    We heard nothing more then 1yr later recived a letter asking for payment or he take us to court so we applied saying we want the work fixed first after advice from C A we had no reply. Then 3wks ago out of the blue we had another one asking for money or he take us to court so again we got advice from trade & standards & C A we replied saying we still had issues that need fixing so we were happy to pay £ amount which was’nt the full amount by £280 but due to the fact we have work that still needs fixed feel it was a fair price. We had no reply 2wks later so sent another letter & cheque for amount we’d said. Then we got a lettter saying accept cheque but want rest of money or taken us to court if dont pay within week.
    He has cashed the cheque. NOT a mention of our work that still has’nt been fixed just requests for money how do we stand please? sureley we have rights too please advise Sorry its abit long winded

    Kind regards

    Reply
  • John Calvin 31 January, 1:46 pm

    I purchased of eBay 6 Norton Internet Security keys that would enable the user 6 months protection for keys when used consectively. In the documentation the seller that these disks be installed straight away and can not be installed all at once to get3 years protection. That was not my intention anyway, as I have been using this method for years as cheaper alternative to buying 1 years worth of protection.

    My current subscription runs out in a couple of weeks and I may well be in hospital for an operation; so I thought I better use 1 of the 4 keys I had bought in January 2014 to keep the subscription valid. Norton has always updated the old subscription keys to the latest version without incurring any additional costs; a fact not a lot of people know, as I have been using this strategy for 10 years. However, when I entered the key it showed it had expired; I contacted Norton customer service straightaway to be informed that someone had activated the key 199 days ago on the other side of the World.
    With at in mind she asked if I could provide her with the other keys to check them out; they were all expired and I was advised to report it to eBay to get valid replacement keys. I also had confirmed that the only timeframe on the disks were the length of subscription bought and you could install them at anytime without any problems; this II already knew as I had been doing this for many years.

    I cotected the seller who sold me 6 keys and explained that there was was no official date of application of them and could he reassure me that these keys that were being sent to me were valid, as I had spoken to a Norton Technician who offered to check them out for me. I informed the seller if they were invalid I required them to be replaced by unused valid keys; a full refund of monies would be not be acceptable because he would broken the terms of offer and acceptance of the contract. I also informed him that I was reporting the initial seller in Jan 2014 for committing a fraudulent act and would do the same to him if it turn out the keys were invalid.

    Whilst reporting this earlier deception to eBay who said they would investigate both sellers to identify if fraud had taken place, I had a very curt message from the seller who had just sold me 6 keys and told he had refunded the cost to me; an action which I had previously said would not be an acceptable solution; the keys were never sent to me meanwhile, which I believe he was covering his tracks, once in the knowledge that a NortonTechnician would checking them out.

    Please can you inform of my rights when contracts have been broken to demand that the initial offers which were accepted by the payment of monies which they duly received from PayPal. I don’t want refunds, only valid/usable keys for the product I am using. I was informed by the latter seller the only way to satisfy my needs were to buy 6 one year products from Amazon, for example, to gain the keys that I required, he stared quite bluntly that he was not prepared to do so.

    Please inform me of what options do I have to address these fraudelent acts.

    Yours faithfully
    John Calvin
    Brianalexanderjohn@gmail.com

    the seller that these disks be installed straight away and can not be installed all at once to get3 years protection. That was not my intention anyway, as I have been using this method for years as cheaper alternative to buying 1 years worth of protection.

    My current subscription runs out in a couple of weeks and I may well be in hospital for an operation; so I thought I better use 1 of the 4 keys I had bought in January 2014 to keep the subscription valid. Norton has always updated the old subscription keys to the latest version without incurring any additional costs; a fact not a lot of people know, as I have been using this strategy for 10 years. However, when I entered the key it showed it had expired; I contacted Norton customer service straightaway to be informed that someone had activated the key 199 days ago on the other side of the World.
    With at in mind she asked if I could provide her with the other keys to check them out; they were all expired and I was advised to report it to eBay to get valid replacement keys. I also had confirmed that the only timeframe on the disks were the length of subscription bought and you could install them at anytime without any problems; this II already knew as I had been doing this for many years.

    I cotected the seller who sold me 6 keys and explained that there was was no official date of application of them and could he reassure me that these keys that were being sent to me were valid, as I had spoken to a Norton Technician who offered to check them out for me. I informed the seller if they were invalid I required them to be replaced by unused valid keys; a full refund of monies would be not be acceptable because he would broken the terms of offer and acceptance of the contract. I also informed him that I was reporting the initial seller in Jan 2014 for committing a fraudulent act and would do the same to him if it turn out the keys were invalid.

    Whilst reporting this earlier deception to eBay who said they would investigate both sellers to identify if fraud had taken place, I had a very curt message from the seller who had just sold me 6 keys and told he had refunded the cost to me; an action which I had previously said would not be an acceptable solution; the keys were never sent to me meanwhile, which I believe he was covering his tracks, once in the knowledge that a NortonTechnician would checking them out.

    Please can you inform of my rights when contracts have been broken to demand that the initial offers which were accepted by the payment of monies which they duly received from PayPal. I don’t want refunds, only valid/usable keys for the product I am using. I was informed by the latter seller the only way to satisfy my needs were to buy 6 one year products from Amazon, for example, to gain the keys that I required, he stared quite bluntly that he was not prepared to do so.

    Please inform me of what options do I have to address these fraudelent acts.

    Yours faithfully
    John Calvin
    Brianalexanderjohn@gmail.com

    Reply

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