Sample case studies relating to consumer rights that we have dealt with at East Staffordshire CAB
Sample Case Studies are provided here for guidance purposes only. They should not be taken as the answer to your specific problem. We shall be including more case studies each month, if you do not see something that helps with your situation do not hesitate to obtain advice from your local CAB office.
Click on a question below to view the advice given.
My Mum bought me a jumper for Christmas, which I really don't like. Can I take it back?
I'm about to buy a secondhand car. It looks like a real bargain, but I don't know that much about cars so I'm having to put my trust in the dealer that he's not going to rip me off or sell me a complete dud. Is there anything I can do to stop this happening?
As a smoker, can you tell me how the new smoking ban is going to affect me?
Q My Mum bought me a jumper for Christmas, which I really don't like. Can I take it back?
A You can give it a go but the shop is not obliged to give you your money back. Most shops are quite reasonable about this sort of thing and may offer you a credit note.
If things go wrong with the goods you bought, you have the right to return them and get all your money back.
But as in your case, if you simply don't like it, you will not have these rights. When anyone buys something, the trader may give you other rights on top of what the law allows. So, for example, some shops do allow you to return items to them during a short period after the sale even if there is nothing wrong with them. You should look out for anything which tells you about these rights when you buy something. It may mean that you can ask for your money back, a credit note, an exchange, a replacement or a discount in the selling price, when you might otherwise have had no right to do so.
It is a good idea to say that it is for a gift when you buy something you are unsure about and ask if you can return it if the person doesn't like it. If they agree, ask them to write their name on the receipt.
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Q I'm about to buy a secondhand car. It looks like a real bargain, but I don't know that much about cars so I'm having to put my trust in the dealer that he's not going to rip me off or sell me a complete dud. Is there anything I can do to stop this happening?
A These days, if you have access to the internet, you can do a lot of detailed research before buying on what you should expect to pay for particular makes and models, depending on their age, mileage, and the state they are in.
Before you go ahead with the purchase, it's worth carrying out a check to discover whether the car is stolen, has been the subject of an insurance write off, or whether there is outstanding finance from a previous sale. Mileage checks may also be available to make sure it hasn't been 'clocked'. Most of this can now be done quickly online.
For peace of mind, you may also want to get the vehicle inspected for mechanical faults by an expert. There is a charge for these services. but it could be money well spent if it prevents you making a costly mistake because of problems with the car you are buying.
For more information about what to look out for when you buy a secondhand car, go to www.consumerdirect.org.uk and follow the link to Advice on goods and services.
Remember that if things do go wrong, the law gives you more protection if you have bought from a dealer than if you got your car through a private sale.
Anyone who is having problems with a secondhand car they have already bought will find lots of useful information and advice on the Citizens Advice website www.adviceguide.org.uk where there is also a downloadable fact sheet on secondhand cars and contact details of local Citizens Advice Bureaux.
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Q As a smoker, can you tell me how the new smoking ban is going to affect me?
A From 1 July virtually all enclosed public places and workplaces will become smokefree environments. This will include offices, factories, shops, pubs, bars, restaurants, membership clubs, public transport and work vehicles that are used by more than one person. The law will also mean that indoor smoking rooms, still common in workplaces, will no longer be allowed. So anyone wishing to smoke will have to go outside instead.
No-smoking signs will have to be displayed in all smokefree premises and vehicles. Managers of smokefree premises and vehicles will have legal responsibilities to prevent people from smoking. If you are uncertain where you can or can't smoke, you will need to look for the no-smoking signs or ask someone in charge.
If you don't comply with the new smokefree law, you will be committing a criminal offence and liable to be served with a fixed penalty notice or face a fine. People smoking in smokefree premises or work vehicles face a £50 fixed penalty or a fine of up to £200. There are stiffer penalties for people managing premises and vehicles.
Local councils will be responsible for enforcing the new law in England. A telephone line (0800 587 1667) will also be in operation from 1 July 2007 to enable members of the public to report possible breaches of the law. This information will be passed to local councils to follow-up as appropriate.
For more information go to www.smokefreeengland.co.uk For free, confidential, independent advice go to the Citizens Advice website www.adviceguide.org.uk or contact your nearest Citizens Advice Bureau.
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