- This topic has 14 replies, 10 voices, and was last updated 11 years, 3 months ago by
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One thrown in today…
http://www.dailymail.co.uk/news/article … pires.html
Uhm, technically not wrong but extremely misleading IMO.
I have already pointed out on the Which? website that asking sales staff about the law is akin to asking a mechanic about sales… pretty dumb by my estimation… unless you want to generate publicity.
K.
Re: The Great British Media
like their choice of machine for the picture must be about 15 years old. They could have chosen a more modern one or would they be sued by the manufacurer if they did
Dave
Re: The Great British Media
The Sale of Goods Act is the retailers friend and have little to fear regarding compliance with it. It’s reassuring to many of us here knowing that if the product they sell has subsequent ‘issues’ of any kind in the near future, their customer has little or no chance of redress.
“…..I bought a ??? machine from you 9 months ago……..tough shite lady!”
The Great British Media
The problem with this what is classed as reasonable. Bearings fail after 2 years of hard use , 5 washes 7 days a week is that classed as excessive ? Where does manufactures state how much use it’s designed to have ?
When you sell a machine do you state how often it’s designed to be used ?
Re: The Great British Media
AS we all know customers tell porkies (eg ‘I’ve only used this washer three times since you fixed it a year ago’ – how many times have we heard that one).Also where are they going to get an expert opinion, first of all they would have to pay for that and most people going down this route dont want to pay anything, secondly the ‘expert’ would have to be prepared to spend a lot of time in the litigation process ie lawyers,courts etc. Methinks a bit of a non-starter.
Re: The Great British Media
madangler1 and reaper you missed the point of the thread. It is directly regarding sales staff being unaware toward customers rights within the Sale of Goods Act 1979.
The facts behind the Which? survey only emphasises what we here on UKW have been banging on about for years. What the Daily Mail failed to put across was that consumers have little or no knowledge of the SOG 1979. And that those that do bang on the counter threatening ‘SOG’ misinterpret it totally.
Re: The Great British Media
Yes and that is set to get a whole heap worse if/when the Consumer Rights Bill is introduced, scheduled for implementation in October 2015.
http://discuss.bis.gov.uk/consumerrightsbill/
If you retail anything to consumers, including service, you’d better read it.
K.
Re: The Great British Media
kwatt wrote:Yes and that is set to get a whole heap worse if/when the Consumer Rights Bill is introduced, scheduled for implementation in October 2015.
http://discuss.bis.gov.uk/consumerrightsbill/
If you retail anything to consumers, including service, you’d better read it.
K.
This piece of legislation is seriously worrying ,both for retailers and suppliers of services (that’s us folks)
It has major implications for the way in which we all work.
Needless to say we will be talking about it at the Feb ConferenceRe: The Great British Media
Lawyers usually don’t learn the law, hence the large reference materials found in their offices and ultimately it’s why people go to court, both parties will have different opposing interpretation of the relevant law.
So why is a sales person anymore qualified to comment on a “law” that ultimately requires a Judge to decide each dispute on there own merits.
Re: The Great British Media
Here’s a quote from The Mail’s blog.
I was buying a washing machine in curries a couple of years ago… we get to the bottom line and the sales bloke starts on about the one year warranty and the five year warranty you can take out [for money of course] in a very loud voice i insisted they cancel the sale immediately and that i needed to see the manager when they said they couldnt… by this time there were a lot of people just cruising about in the aisles near by.. when the manager arrived and asked what he could do i said in a loud voice’ this sales advisor has just sold me a washing machine thats obviously got a design fault of some sort as he advised me to take out an insurance policy ‘incase it breaks down in the next 5 years. If this model is likely to break down in the next five years i want a different one!’ . you could hear the giggles from the shelves behind me… i love playing vic meldrew. Oh he gave me a discount on the one i had bought in the shape of vouchers and i put them towards my kindle..
Heaven help us all!
Steve
Re: The Great British Media
Martin wrote:Oh deep joy! Have a read of ANNEX G on page 57 and weep! 🙁
and here it is
ANNEX G – SERVICES
?Consumer services law is difficult to understand and, when things go wrong, there is no statutory redress regime to put things right. It is also unclear when, or to what extent, businesses can exclude or limit liability for the consumer’s statutory rights. Under current law, such exclusions or limitations must be “reasonable”, but in practice it is hard for consumers and businesses to know what “reasonable” means. The rules on reasonableness and limiting liability and the rules on consumer rights are currently set out in different pieces of legislation. Legislation does not set out any remedies in relation to the provision of services, and the common-law is difficult for consumers and businesses to access, let alone interpret.
When a service goes wrong, consumers might want the business to put the service right, but in England and Wales this remedy is only given at the court’s discretion and there are a number of factors which mean this does not often happen in practice. In Scotland the position is different, and the courts are more willing to order a remedy to put the service right. Whilst the current legislation covers England, Wales and Northern Ireland, the provisions in the Bill on services will also extend to Scotland29.
To clarify and enhance the law on services, the Bill:
1. Introduces a new statutory right that a service must comply with information given by the trader in certain circumstances, even if this is not recorded in the written contract
Where the consumer is given information by the trader, either about the service or about the trader themselves, the consumer has a right that that information is correct. However, this only applies where the consumer relied on that information when deciding to purchase the service or make any other decision under the contract, so only information which informed the consumer’s decisions about entering the contract or made after that is subject to this right. Either the trader or consumer can amend any information given, with the agreement of the other party.
2. Makes the language of the existing law easier to understand
The Bill seeks to achieve this by making clear that the existing consumer protections are statutory rights: that a service must be provided with reasonable care and skill and, where the time for the service or the price has not been agreed, that the service must be performed within a reasonable time and at a reasonable price.
3. Introduces new statutory remedies when things go wrong
These will be available alongside those available in general contract law.
Where the business has failed to provide the service with reasonable care and skill, or in compliance with certain information provided, the consumer will
29 However, in Scotland, contracts without consideration are specifically excluded.
55
57
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have a right to request the business to put the service right (i.e. re-perform the service, or the element of it that was at fault). The business will have to do so, unless putting the service right is impossible or cannot be done within a reasonable time or without significant inconvenience to the consumer.
In other cases, there could be a reduction in the price the consumer has to pay for the service by ‘an appropriate amount’. This will be available where the business has failed to provide the service with reasonable care and skill (or in-line with certain information provided) and it is impossible to put the service right or this cannot be done within a reasonable time and without significant inconvenience to the consumer. Where the service does not meet the information given about the trader or (where the time for performance of the contract is not specified) the service is not completed within a reasonable time the consumer will also be entitled to recover their costs as a result.
4. Makes clear that consumers can always request these rights and remedies where there is a contract
The Bill makes clear that the statutory rights will always apply and the consumer can always request these remedies, and any attempt by businesses to render them inapplicable will have no legal effect.what terrifies me is the constant reference to the phrase “reasonable” now we all know how “reasonable ” customers are don’t we …
Re: The Great British Media
It would work if everybody had an honest intention and an average IQ. Problem is the law, legislation does not account for muppets and liars.
Re: The Great British Media
my eyes glazed over reading most of that anex part
but somehow i noticed this …
29 However, in Scotland, contracts without consideration are specifically excluded.
dont know what it means in relation to the rest but hopefully a chink of light
ally
Re: The Great British Media
yes i agree with how some customers are complete arses but looking at it from another angle it probably derives from the fact that most salespeople fail to emit important information and mislead customers on other facts, not small white lies but big fat ones after being in business for 10 years or so when i now meet a salesperson i presume their going to talk bull**it, how many times iv had to take out contracts ie. credit card terminal, phone lines, mobile, broadband especially BT now just take the pi**, every time the bill is higher and agreements seem to be worth nothing, its not local businesses that are the cheats in general its the big corporate’s and they get away with operating in this manor as well, billing systems seem to be designed to confused…
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