Getting the Consumer Rights Act 2015 enforced
Getting the Consumer Rights Act 2015 enforced
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Discussion

MitchT

Original Poster:

17,089 posts

232 months

Monday 28th November 2022
quotequote all
Okay, so you bought something online. It's clearly not "as described", but the retailer refuses a refund on the grounds that your request "doesn't meet their criteria", clearly ignoring the CRA 2015 in the process.

I've read on here enough times about retailers being bang to rights under the CRA 2015, but if one refuses to co operate, what can you actually do to enforce your rights?

vaud

58,053 posts

178 months

Monday 28th November 2022
quotequote all

Try social media.

Try to find owners details on companies house

You could send a "letter before action" (no legal fees, plenty of templates online) to the company via registered mail.

Then depending on your loss and the value, consider a MCOL process for the value of the item?

MitchT

Original Poster:

17,089 posts

232 months

Monday 28th November 2022
quotequote all
It's not a big enough thing to bother with MCOL. I just wondered if whatever government body is responsible for the CRA also has a department that you can report a retailer to if they flout their responsibilities. It's a major supermarket, so I don't doubt that we'll get our money back, I just want to know the correct procedure. I'll do social media next if the review I placed on the product on their website doesn't elicit a fitting response.

123DWA

1,435 posts

126 months

Monday 28th November 2022
quotequote all
MitchT said:
Okay, so you bought something online. It's clearly not "as described", but the retailer refuses a refund on the grounds that your request "doesn't meet their criteria", clearly ignoring the CRA 2015 in the process.

I've read on here enough times about retailers being bang to rights under the CRA 2015, but if one refuses to co operate, what can you actually do to enforce your rights?
I think taking them to court is the only option. The CRA2015 is often quoted on here as some kind of magic wand but as you're finding out if they say no then other than taking them to court there's not much you can do.

vaud

58,053 posts

178 months

Monday 28th November 2022
quotequote all
MitchT said:
It's not a big enough thing to bother with MCOL. I just wondered if whatever government body is responsible for the CRA also has a department that you can report a retailer to if they flout their responsibilities. It's a major supermarket, so I don't doubt that we'll get our money back, I just want to know the correct procedure. I'll do social media next if the review I placed on the product on their website doesn't elicit a fitting response.
OK

Google their CEO name and go here: https://www.ceoemail.com/

Email the CEO with a polite, factual email. It will (probably) get picked up by their exec team and then go downwards to the customer care team and be picked up by a more senior manager. Many companies have this process in place.

Beethree

822 posts

112 months

Monday 28th November 2022
quotequote all
vaud said:
OK

Google their CEO name and go here: https://www.ceoemail.com/

Email the CEO with a polite, factual email. It will (probably) get picked up by their exec team and then go downwards to the customer care team and be picked up by a more senior manager. Many companies have this process in place.
I can confirm this does actually work, raised a complaint with a large tech company this way and got the refund I wanted after being completely dismissed by their customers services team.

the-norseman

15,101 posts

194 months

Monday 28th November 2022
quotequote all
vaud said:
OK

Google their CEO name and go here: https://www.ceoemail.com/

Email the CEO with a polite, factual email. It will (probably) get picked up by their exec team and then go downwards to the customer care team and be picked up by a more senior manager. Many companies have this process in place.
Yep I've had to do this several times now and its worked, Ryanair being one of them.

vaud

58,053 posts

178 months

Monday 28th November 2022
quotequote all
Customer care tend to react when the email comes from "The office of the CEO"

Sometimes the CEO will respond. I had a very positive experience with Enterprise car rental and emailed the UK CEO - and got a very nice note back with the area manager copied in - with directions to them to make sure the employee was recognised for their efforts.

MitchT

Original Poster:

17,089 posts

232 months

Monday 28th November 2022
quotequote all
I'm sure I'll get my money back with a little pushing. More than anything else I just wondered if there was a channel for telling those responsible for the CRA that a business has flouted it. I think the answer is "no"!

MustangGT

13,675 posts

303 months

Monday 28th November 2022
quotequote all
All the above is only any use if it is a UK company. All bets off if it is foreign.

TooLateForAName

4,912 posts

207 months

Monday 28th November 2022
quotequote all
MitchT said:
I'm sure I'll get my money back with a little pushing. More than anything else I just wondered if there was a channel for telling those responsible for the CRA that a business has flouted it. I think the answer is "no"!
Trading standards doesn't seem to exist any more.

Wills2

28,159 posts

198 months

Monday 28th November 2022
quotequote all

Difficult to offer any advice as the OP doesn't give enough information but they (grocers) all operate a non-food buyers remorse/wrong size/colour/whatever returns process so long as your return is within a reasonable amount of time (generally within 28-30 days) and it's in re-saleable condition.






TheLoraxxZeus

517 posts

42 months

Monday 28th November 2022
quotequote all
Don't take this as advice but I've had this issue quite a few times, practically every time I've escalated it to someone more senior to deal with it it's been sorted.

In one particular case, and you're going to laugh at this, I ordered a takeaway from Monterey Jacks via their website. Food turned up cold, with 1 item missing and the completely wrong burger. I contacted the restaurant and asked if they could fix the order. Their response was along the lines of "We are too busy, it would be X hours wait" (I had already waited nearly 2 hours for my food). I asked for a refund, and they couldn't give me one. Why? Their website ordering system is completely separate from the franchise store. Manager at the store recommended I call or email their HQ, so he emailed me their info based in....fking Texas.

I tried, I really did. I spoke to a stupid chat bot, I tried calling but no answer at all, I then emailed and waited a few days. Nothing. I called the store back and complained that I have no way in getting a refund because I couldn't get through to someone on their customer care line, he said he would put me through but I honestly think he just put me on hold for 30 seconds then hung up.

Contacted my bank for a charge back and sent over my call logs and email chain. Never heard anything from it again, left a 1 star review.

Basically, do your part and if they won't do theirs then they can fk off and be chased by the bank.

vikingaero

12,317 posts

192 months

Monday 28th November 2022
quotequote all
TheLoraxxZeus said:
Don't take this as advice but I've had this issue quite a few times, practically every time I've escalated it to someone more senior to deal with it it's been sorted.

In one particular case, and you're going to laugh at this, I ordered a takeaway from Monterey Jacks via their website. Food turned up cold, with 1 item missing and the completely wrong burger. I contacted the restaurant and asked if they could fix the order. Their response was along the lines of "We are too busy, it would be X hours wait" (I had already waited nearly 2 hours for my food). I asked for a refund, and they couldn't give me one. Why? Their website ordering system is completely separate from the franchise store. Manager at the store recommended I call or email their HQ, so he emailed me their info based in....fking Texas.

I tried, I really did. I spoke to a stupid chat bot, I tried calling but no answer at all, I then emailed and waited a few days. Nothing. I called the store back and complained that I have no way in getting a refund because I couldn't get through to someone on their customer care line, he said he would put me through but I honestly think he just put me on hold for 30 seconds then hung up.

Contacted my bank for a charge back and sent over my call logs and email chain. Never heard anything from it again, left a 1 star review.

Basically, do your part and if they won't do theirs then they can fk off and be chased by the bank.
This is the route I would take. IYou can do a Sec 75 claim via your credit card company, but Visa/Mastercard extends protection for those using debit cards:

https://www.moneysavingexpert.com/reclaim/visa-mas...

mcpoot

1,300 posts

130 months

Monday 28th November 2022
quotequote all
TooLateForAName said:
MitchT said:
I'm sure I'll get my money back with a little pushing. More than anything else I just wondered if there was a channel for telling those responsible for the CRA that a business has flouted it. I think the answer is "no"!
Trading standards doesn't seem to exist any more.
Of course it does, you just have to access them via Citizens Advice Consumer Helpline rather than directly

Aventador 700

2,903 posts

44 months

Monday 28th November 2022
quotequote all
Simple, straight to The online court recovery, they send out the summons next day and they incur the costs, you simply state the facts online and inc. your documentation, job done, works every time and is unbelievably easy (as long as you’re clearly on the right side of the law)

e-honda

9,548 posts

169 months

Monday 28th November 2022
quotequote all
What does your request doesn't meet their criteria mean?

They are allowed to ask you to take reasonable steps to determine you have a legitimate reason to request a refund, eg filling in a form, calling a number, visiting a returns desk etc.

You cannot just tweet a company telling them you have a problem and demand a refund no questions asked, you cannot just walk into John Lewis collar a random employ and demand they hand your return although certain people seem to think mentioning consumer rights means the retailer must immediately drop everything and handle their potentially invalid demand for a refund, and if they don't they are breaking the law.


Canon_Fodder

1,775 posts

86 months

Monday 28th November 2022
quotequote all
MitchT said:
I've read on here enough times about retailers being bang to rights under the CRA 2015, but if one refuses to co operate, what can you actually do to enforce your rights?
Go legal or go home

Mojooo

13,287 posts

203 months

Tuesday 29th November 2022
quotequote all
You can enforce your own rights via the court

Trading Standards and the CMA have powers against businesses that are flouting the CRA on a more general level. You can report the matter via Citizens Advice consumer helpline.

But with budgets slashed, don't expect much to happen.

gt_12345

1,873 posts

58 months

Tuesday 29th November 2022
quotequote all
MitchT said:
Okay, so you bought something online. It's clearly not "as described", but the retailer refuses a refund on the grounds that your request "doesn't meet their criteria", clearly ignoring the CRA 2015 in the process.

I've read on here enough times about retailers being bang to rights under the CRA 2015, but if one refuses to co operate, what can you actually do to enforce your rights?
If it's over £100 always use your credit card.

Under £100, use Paypal