How high street stores fob you off over faulty goods: Customers are den...

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How high street stores fob you off over faulty goods: Customers are denied legal rights on returns
By Sean Poulter Last updated at 10:59 PM on 11th November 2011
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High street stores are fobbing off customers who have legitimate complaints and denying them their legal right to have faulty goods fixed. Household name retailers are misrepresenting the law over repairs, replacements and refunds, according to a damning study by consumer champions Which? Its researchers visited 60 shops, including Argos, Comet, Currys, John Lewis and independent outlets, with a complaint about a faulty fridge that was just out of a one or two-year warranty.

Researchers visited Argos in a survey of high street stores and found at some outlets the retailer is misrepresenting consumer rights law

Staff in just 16 of the stores accepted the fact that, despite the time since purchase, the retailer still had a responsibility to resolve the problem. The Sale of Goods Act 1979 gives consumers limited protection for up to six years after purchase, regardless of store or manufacturer warranties. The Act says that when a product is bought it must be of satisfactory quality, fit for purpose and meet its description. If it develops a fault at a time in its life when this should not reasonably have happened, the shop could be responsible for rectifying the problem. Which? said in these circumstances, the customer should ask for a no-cost repair or replacement. 'The retailer must do either in a reasonable period of time and without causing significant inconvenience,' it said. 'In practice, these rights last for a maximum of six years after purchase (five years in Scotland).'

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In reality, however, it found many retailers keep customers in the dark about their rights in order to avoid the time and expense of fixing a product. Which? said staff were generally quick to deny any liability.

Department store giant John Lewis was another retailer where Which? found customers are being fobbed off

One staff member at Argos said: 'There's nothing we can do it's over a year ain't it.' Comet achieved a better performance than rivals, however, one member of staff sent the researcher away, saying: 'After a year, unfortunately, we have nothing to do with it.' Currys staff performed poorly with one suggesting the customer should approach the Citizens Advice Bureau. Which? found that many stores would refer the customer to the manufacturer, but while some manufacturers may help, the retailer is actually legally responsible to sort out any problem. John Lewis also fobbed off customers in many cases. However, one member of staff was rated as 'excellent' after giving a clear explanation of rights.Richard Lloyd, of Which?, said: 'We've uncovered some appalling ignorance by staff. 'When people's budgets are tight the last thing they need is to be given the wrong advice that could prove costly.' The organisation has developed a free consumer rights mobile phone app to offer advice. Details are also on its website. Argos said it was 'disappointed' by the Which? findings. It promised to review staff training. Comet said it was pleased that most of its staff performed well and insisted training on the law is provided. Currys said it was 'extremely disappointed' by the research. It said: 'All our store staff receive comprehensive training about the Sale of Goods Act.' John Lewis said consumers have to prove the cause of any fault where it occurs more than six months after purchase. It was 'disappointed' some staff had failed to live up to expected standards.

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Comments (124)
Newest Oldest Best rated Worst rated View all Well if it is was me I'd be "Very Extremely Disappointed" if I was fobbed off like this. Actually no, I'd be e-mailing the MD - me, myself and I, London, England, 11/11/2011 23:44 Click to rate Report abuse Retailers may fail, but makers can be very good indeed. On visit to the UK four years ago, at a garden centre near Nottingham, I bought some stainless steel garden tools of a well known British make. This year, a tine of the garden fork snapped off. I sent an e-mail to the makers, referring to their ten-year guarantee, but made the point that I could not remember the name of the centre where the purchase was made, since I no longer had the receipt. It mattered not. I was told that a replacement would be sent, and less than a week later it was delivered to my home here in Sweden. I have found that by going to the maker is often preferable to the retailer, and you get far better service. Sale of Goods Act or not, it made me feel good to receive such trust and service, which I often refer to here as a great example. The garden tool makers - yes, Spear & Jackson. Great service. Credit where credit is due. - BWJC, Munkedal, Sweden, 11/11/2011 23:53 Click to rate Report abuse Speaking as someone who worked for Argos for many years I'd argue that telling customers that there's nothing we can do if it breaks after a year is exactly what we 'were' trained. Pretty sure we weren't allowed to tell people they 'had' to have their item sent off for repair if it broke after 30 days as opposed to us replacing it, unless of course they'd bought one of our lovely "insurances" that only counted once and would they like to buy another one since the current one no longer applied. - Chris, Ealing, 12/11/2011 0:14 Click to rate Report abuse The sad fact is that this clearly indicates that the staff do not even know their OWN rights - bob, China, 12/11/2011 0:17 Click to rate Report abuse I have been fobbed off twice like this in recent years, both times over fridge freezers which failed a few weeks over a year old. Despite knowing the law, I do not have the resources to pursue the matter......and they know it!! - Dixie, Louth, UK, 12/11/2011 0:19 Click to rate Report abuse I have had this problem time and time again. For these companies to say they are disappointed because they have trained their staff, I find hard to believe as I have had customer services departments deny all responsibility as well and there is no way you would run a department like that without training the staff regarding this issue as it is probably going to be the subject of the majority of calls. I have one method of redress which has always worked for me and that is to write to the CEO at head office if the staff refuse refunds etc. It has never failed yet. - Aletheia, Gloucestershire, 12/11/2011 0:20 Click to rate Rating 100 Rating 146 Rating 29 Rating 28 Rating 203 Rating 24

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