Episode 5

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0:00:02 > 0:00:05We asked you to tell us what's left you feeling ripped off

0:00:05 > 0:00:08and you contacted us in your thousands.

0:00:08 > 0:00:11You've told us about the companies you think get it wrong

0:00:11 > 0:00:15and the customer service that simply is not up to scratch.

0:00:15 > 0:00:17I've complained and complained and nobody takes any notice of me.

0:00:17 > 0:00:20In all honesty, I think it's just a way for the shops

0:00:20 > 0:00:21to make more money.

0:00:21 > 0:00:24You've asked us to track down the scammers who stole your money

0:00:24 > 0:00:28and investigate the extra charges you say are unfair.

0:00:28 > 0:00:30You don't want to spend any more, but yet they're always trying

0:00:30 > 0:00:32to offer you little things extra.

0:00:32 > 0:00:34When you've lost out but no-one else is to blame

0:00:34 > 0:00:37you've come to us to stop others falling into the same trap.

0:00:37 > 0:00:40Rang up the company and they went, "Oh, it isn't our fault."

0:00:40 > 0:00:41So, whose fault is it?

0:00:41 > 0:00:45So, whether it's a blatant rip-off or a genuine mistake...

0:00:45 > 0:00:47We're here to find out why you're out-of-pocket

0:00:47 > 0:00:49and what you can do about it.

0:00:50 > 0:00:54Your stories, your money, this is Rip-Off Britain.

0:00:56 > 0:00:59Hello and welcome to Rip-Off Britain, where

0:00:59 > 0:01:02today we're going to be trying to make sense of how things

0:01:02 > 0:01:04are supposed to work if you need to return something

0:01:04 > 0:01:06that you've bought, either because it's faulty

0:01:06 > 0:01:08or perhaps even dangerous.

0:01:08 > 0:01:10And, of course, while it should all be

0:01:10 > 0:01:14very straightforward, even big name stores and companies

0:01:14 > 0:01:16don't always make it easy.

0:01:16 > 0:01:17Or indeed get it right.

0:01:17 > 0:01:20Because there are very clear-cut rules firmly on the side

0:01:20 > 0:01:23of the consumer and while you may think that they'd be hard to argue

0:01:23 > 0:01:26with, you're constantly telling us all here in the office

0:01:26 > 0:01:29about occasions when arguing is exactly what the businesses

0:01:29 > 0:01:31involved will do.

0:01:31 > 0:01:35Well, in a classic Rip-Off Britain move, we've done our own test to see

0:01:35 > 0:01:38if some of the country's biggest and best known names would give us

0:01:38 > 0:01:41the right answer when we tried to return something faulty

0:01:41 > 0:01:44and you'll be surprised at the ones that got it wrong.

0:01:44 > 0:01:48But, don't worry. They might not be clear on our rights but we certainly

0:01:48 > 0:01:51are and by the end of the programme, you will be, too.

0:01:52 > 0:01:54Coming up...

0:01:54 > 0:01:57If you've got one of the millions of tumble dryers at risk of catching

0:01:57 > 0:02:01fire, how long should you have to wait for the company responsible

0:02:01 > 0:02:03to check if it's safe?

0:02:03 > 0:02:05I mean, I was literally horrified.

0:02:05 > 0:02:0911 months before someone could even come out and put the machine right?

0:02:09 > 0:02:13It just, to me, was totally unacceptable.

0:02:13 > 0:02:17And the high street stores getting your rights wrong.

0:02:17 > 0:02:20By that point I was just so angry because it was like

0:02:20 > 0:02:21I was being disbelieved.

0:02:24 > 0:02:27In our last series, we looked at concerns about how good

0:02:27 > 0:02:31manufacturers are at letting us know if a product we bought

0:02:31 > 0:02:33may have a fault that could be dangerous.

0:02:33 > 0:02:37And we met a woman whose tumble dryer had actually caught fire

0:02:37 > 0:02:39because she had no idea of the risk.

0:02:39 > 0:02:42Well, since then, the effectiveness of product recalls and safety

0:02:42 > 0:02:45warnings has been called into question and yet

0:02:45 > 0:02:48again, it's tumble dryers at the heart of it all.

0:02:49 > 0:02:52New figures revealed that firefighters attend almost one

0:02:52 > 0:02:56blaze a day caused by tumble dryers, which catch fire.

0:02:56 > 0:02:59Millions of households in Britain have a tumble dryer built by

0:02:59 > 0:03:02one of the biggest and best-known home appliance manufacturers

0:03:02 > 0:03:04in the world, Whirlpool.

0:03:05 > 0:03:08But last year, the group's European brands Hotpoint,

0:03:08 > 0:03:11Creda and Indesit hit the headlines when it was revealed that more

0:03:11 > 0:03:16than 5 million of their dryers could be at risk of catching fire.

0:03:16 > 0:03:20'A review discovered potential safety issues where excess fluff

0:03:20 > 0:03:22'in the dryers could catch in the heating element.'

0:03:23 > 0:03:27Investigators discovered that Whirlpool's dryers had been linked

0:03:27 > 0:03:31to at least 750 house fires since 2004.

0:03:32 > 0:03:35'This used to be the family's tumble dryer,

0:03:35 > 0:03:38'but when they saw flames coming from the back of the appliance

0:03:38 > 0:03:41'they fled the family home and ran to safety.'

0:03:41 > 0:03:43As a result, Whirlpool has launched

0:03:43 > 0:03:46the biggest safety alert in British history.

0:03:46 > 0:03:48Good afternoon, you're through to Whirlpool,

0:03:48 > 0:03:50you're speaking to Heather, how can I help?

0:03:51 > 0:03:54All 5 million dryers need to be inspected and, if they're

0:03:54 > 0:03:57found to be among those at risk, repaired.

0:03:57 > 0:04:00'Whirlpool says that customers can carry on using their dryers

0:04:00 > 0:04:03'until the modification, if needed, has been made.'

0:04:05 > 0:04:08Laura Whitley from Bristol has one of the dryers that could be

0:04:08 > 0:04:11dangerous and after discovering that, she doesn't dare

0:04:11 > 0:04:14use it until Whirlpool can confirm it's safe.

0:04:14 > 0:04:17But she's had a long wait.

0:04:17 > 0:04:19Who's this? Dada.

0:04:21 > 0:04:24Laura had been using her Hotpoint dryer for 18 months

0:04:24 > 0:04:28when she received the e-mail warning it could be dangerous.

0:04:28 > 0:04:31I'd seen a couple of news stories but I didn't know that my machine

0:04:31 > 0:04:32was a problem at all.

0:04:32 > 0:04:36And it wasn't until I had an e-mail asking me to check the serial number

0:04:36 > 0:04:39of my machine, that I realised there was a problem.

0:04:41 > 0:04:45Laura put her serial number into the Hotpoint website and it

0:04:45 > 0:04:49confirmed her dryer was among those that were potentially faulty.

0:04:49 > 0:04:51It told her she needed to arrange for an engineer

0:04:51 > 0:04:55to visit and if necessary, modify the appliance to ensure that

0:04:55 > 0:04:58fluff can't come into contact with the heating element,

0:04:58 > 0:04:59which could cause a fire.

0:05:01 > 0:05:03I was actually quite worried because I'd been using this

0:05:03 > 0:05:07machine, my son's in the house, my husband's in the house

0:05:07 > 0:05:10and you hear these horror stories of what can happen

0:05:10 > 0:05:12if the machine catches fire.

0:05:12 > 0:05:15Now, Whirlpool hasn't actually recalled these tumble dryers,

0:05:15 > 0:05:18despite suggestions from critics that it should have done.

0:05:18 > 0:05:21Instead, it's issued a safety notice and a large-scale

0:05:21 > 0:05:24modification programme, which aims to fix all the affected

0:05:24 > 0:05:27machines instead of recalling them.

0:05:27 > 0:05:30Whirlpool insists that the dryers are still safe to use

0:05:30 > 0:05:34in the meantime, but just to be absolutely sure, the company has

0:05:34 > 0:05:38told owners not to leave their dryers unattended when it's switched on

0:05:38 > 0:05:40and to check and clean the filter after every use.

0:05:42 > 0:05:45For Laura, however, any risk was enough to stop her

0:05:45 > 0:05:47using her dryer altogether.

0:05:47 > 0:05:52I definitely don't feel safe taking their advice.

0:05:52 > 0:05:55Certainly, the week all this happened there were two news stories

0:05:55 > 0:05:58where people had had their machine catch fire

0:05:58 > 0:06:01but I'm not going to wait for that to happen

0:06:01 > 0:06:03just because I put my tumble dryer on.

0:06:04 > 0:06:07Whirlpool launched a massive programme of repairs

0:06:07 > 0:06:10with 1,500 engineers sent out to check more

0:06:10 > 0:06:13than 4,000 tumble dryers everyday.

0:06:14 > 0:06:18But with 5 million to get through, that's not been a speedy process.

0:06:18 > 0:06:23So when, in December 2015, Laura called to book an appointment to see

0:06:23 > 0:06:25if her dryer was safe, she couldn't believe

0:06:25 > 0:06:27what she was told -

0:06:27 > 0:06:31the next available slot wasn't until the following November!

0:06:31 > 0:06:33I mean, I was literally horrified.

0:06:33 > 0:06:35That is such a long time to have to wait.

0:06:35 > 0:06:3611 months before someone

0:06:36 > 0:06:39can even come out and put the machine right?!

0:06:39 > 0:06:42It just, to me, was totally unacceptable.

0:06:43 > 0:06:46With her second child due in three months,

0:06:46 > 0:06:48Laura was really hoping for a quicker solution.

0:06:48 > 0:06:52She didn't want to be stuck with a dryer she couldn't be sure was safe.

0:06:52 > 0:06:56After I got over the shock of the wait time, I picked up

0:06:56 > 0:06:59the phone to try to see if there was anything I could do

0:06:59 > 0:07:02and I was told I was one of the millions of people

0:07:02 > 0:07:04that was in the same situation and I literally

0:07:04 > 0:07:05had to wait my turn.

0:07:06 > 0:07:10Dozens of Rip-Off Britain viewers have been in touch with similar

0:07:10 > 0:07:14concerns about the wait to have their appliance checked out.

0:07:14 > 0:07:20The whole procedure taking so long is ridiculous for a company who says

0:07:20 > 0:07:22customer safety comes first.

0:07:24 > 0:07:30On my second telephone conversation with a call centre, I was told

0:07:30 > 0:07:33that it wouldn't be six weeks, it would be next February '17

0:07:33 > 0:07:36and I'm not very pleased with that.

0:07:36 > 0:07:40Hotpoint customer services were not easy to contact over the phone.

0:07:40 > 0:07:41Continually left on hold.

0:07:43 > 0:07:45When they did answer, they had no idea how

0:07:45 > 0:07:46to deal with my enquiry.

0:07:48 > 0:07:51Others have e-mailed us asking if their home insurance would pay

0:07:51 > 0:07:55out if a dryer known to be at risk did cause a fire

0:07:55 > 0:07:56before it could be fixed.

0:07:56 > 0:08:00Well, we put that to the Association Of British Insurers,

0:08:00 > 0:08:03who said it wouldn't expect such a claim to be declined.

0:08:03 > 0:08:06But there's another big bone of contention among

0:08:06 > 0:08:09Whirlpool customers who've contacted us, because the company has

0:08:09 > 0:08:12come up with a solution for customers who don't want to wait

0:08:12 > 0:08:15months for an engineer to come round.

0:08:16 > 0:08:19It says they can buy a brand-new dryer, which isn't

0:08:19 > 0:08:22affected by the same fault, for ?99.

0:08:22 > 0:08:25It says that's a third of the normal price.

0:08:25 > 0:08:28But many of the people we've spoken to, Laura among them,

0:08:28 > 0:08:32don't see why they should have to pay anything to resolve a safety

0:08:32 > 0:08:35issue that isn't their fault.

0:08:35 > 0:08:37'I just don't think it's fair for Whirlpool to ask

0:08:37 > 0:08:40'us to spend more money out of our own pocket'

0:08:40 > 0:08:42for a replacement machine.

0:08:43 > 0:08:46So, Laura's resigned to waiting for the engineer's visit,

0:08:46 > 0:08:49which has at least been brought forward to September,

0:08:49 > 0:08:53though that's still almost ten months after she first booked it.

0:08:53 > 0:08:59I spent ages researching the right tumble dryer to buy and now I'm left

0:08:59 > 0:09:03with a room with a machine in it, with a machine I can't use

0:09:03 > 0:09:05and it's ridiculous.

0:09:05 > 0:09:08I look at it every day and I can't put any washing in it.

0:09:10 > 0:09:13'It's not just Whirlpool customers unhappy with the length of time

0:09:13 > 0:09:16'all this is taking to sort out.

0:09:16 > 0:09:19'The retail ombudsman Dean Dunham would also have liked to see

0:09:19 > 0:09:22'the affected dryers repaired more quickly.

0:09:22 > 0:09:25'And he thinks there should be tighter rules around how quickly

0:09:25 > 0:09:29'manufacturers are obliged to respond to safety concerns.'

0:09:30 > 0:09:34There is no law that says when there is an issue or a safety

0:09:34 > 0:09:36notice issued or a product recall

0:09:36 > 0:09:39that says how quick they have to act.

0:09:39 > 0:09:41That's a huge flaw in the law.

0:09:41 > 0:09:42It needs to be updated.

0:09:42 > 0:09:45Manufacturers like Whirlpool, when they know there's a problem,

0:09:45 > 0:09:49they should be dealing with issuing notices at a certain period of time

0:09:49 > 0:09:52and get engineers out to either uplift the goods

0:09:52 > 0:09:56or to repair them, again, within a very tight timetable.

0:09:56 > 0:09:59And what, therefore, do you think that Whirlpool should have done

0:09:59 > 0:10:00that they haven't done?

0:10:00 > 0:10:02Well, what Whirlpool should have done in this

0:10:02 > 0:10:05situation is they should have acted far quicker.

0:10:05 > 0:10:08The moment they discovered the problem, they should have put

0:10:08 > 0:10:11more staff on the situation, more staff answering phones,

0:10:11 > 0:10:15more engineers out to people's houses and dealt with it quicker.

0:10:15 > 0:10:19Whirlpool did employ hundreds of new call centre staff

0:10:19 > 0:10:22and engineers to tackle this faster

0:10:22 > 0:10:25but its efforts to contact customers were hampered by the fact

0:10:25 > 0:10:28that only around one quarter of the 5 million

0:10:28 > 0:10:31who'd brought one of the affected dryers had registered it

0:10:31 > 0:10:34with Whirlpool, leaving more than 3 million people

0:10:34 > 0:10:36that the company couldn't locate.

0:10:36 > 0:10:40That's a problem we've reported on before and it's one affecting any

0:10:40 > 0:10:43manufacturer that might need to contact customers.

0:10:46 > 0:10:48If you've bought a tumble dryer or any other electrical appliance

0:10:48 > 0:10:51you will have seen a big sticker on the front saying

0:10:51 > 0:10:54"register your warranty, call this number or send

0:10:54 > 0:10:57"us an e-mail." Most people don't do that.

0:10:58 > 0:11:01In fact, fewer than half of us typically register

0:11:01 > 0:11:05our new appliances, which you can understand makes it hard for

0:11:05 > 0:11:07manufacturers to trace us

0:11:07 > 0:11:10if they issue a recall or, as in the case of Whirlpool,

0:11:10 > 0:11:11a safety notice.

0:11:13 > 0:11:15Last year we told you about a service called

0:11:15 > 0:11:19"Register my appliance", which allows customers to do just that

0:11:19 > 0:11:23so the manufacturer can contact them if their product is recalled.

0:11:24 > 0:11:28But the Retail Ombudsman believes that still relies on customers

0:11:28 > 0:11:30taking the time to register.

0:11:30 > 0:11:34They're behind a simple idea which, if it takes off, could help put that

0:11:34 > 0:11:38right by registering appliances at the time they're bought.

0:11:39 > 0:11:42When the retailer sells you the goods, they don't tell

0:11:42 > 0:11:44the manufacturers of your details.

0:11:44 > 0:11:46That means you're completely invisible to them.

0:11:46 > 0:11:47They don't know about you.

0:11:47 > 0:11:49We've created a central register.

0:11:49 > 0:11:53We're now calling for all retailers that when they

0:11:53 > 0:11:54sell electrical goods,

0:11:54 > 0:11:57they register the person's details and the serial number and everything

0:11:57 > 0:12:01else and then when a manufacturer has a product recall,

0:12:01 > 0:12:05or safety recall, they can notify that register and in turn that

0:12:05 > 0:12:07can notify consumers.

0:12:07 > 0:12:14The register went live in June 2016 at ukrecall.org.uk and you can

0:12:14 > 0:12:17still make sure your details are on it, even if they weren't

0:12:17 > 0:12:19collected when you bought your appliance.

0:12:19 > 0:12:22There's two things you can do in that situation.

0:12:22 > 0:12:26The register does now deal with old machines,

0:12:26 > 0:12:29so you can go to the register and you can register your old machine.

0:12:29 > 0:12:32It will then pick up on any product recalls and safety notices.

0:12:32 > 0:12:35Of course the other thing you can do is look at the sticker on the front

0:12:35 > 0:12:39if it's still there and register it direct with the manufacturer.

0:12:39 > 0:12:42In the best case scenario, do both.

0:12:42 > 0:12:44And Dean has no doubt about what he believes

0:12:44 > 0:12:46the crucial benefit will be.

0:12:46 > 0:12:50This is going to save lives.

0:12:50 > 0:12:54Our own website, bbc.co.uk/ripoffbritain has

0:12:54 > 0:12:57details of other ways you can keep track of which products

0:12:57 > 0:13:00may have been the subject of a recall or safety notice

0:13:00 > 0:13:05with links to easily searchable websites we've featured on the programme last year.

0:13:05 > 0:13:08As for Whirlpool and its tumble dryers, well, earlier this year

0:13:08 > 0:13:12with so many viewers contacting us about this, we asked the company

0:13:12 > 0:13:15if we could follow its teams working to inspect and where necessary

0:13:15 > 0:13:18modify all those 5 million tumble dryers.

0:13:18 > 0:13:23Initially, Whirlpool said yes, but later changed its mind.

0:13:23 > 0:13:26The company was, however, happy to talk to us about what it's doing

0:13:26 > 0:13:28to make sure all the affected machines are seen to as quickly

0:13:28 > 0:13:32as possible, and to address the point raised by our viewers

0:13:32 > 0:13:34that it's all simply taking too long.

0:13:36 > 0:13:40Whirlpool stressed that safety is its number one priority

0:13:40 > 0:13:43and it's working hard to speed up the whole process,

0:13:43 > 0:13:46reiterating that it's taken on hundreds of extra engineers

0:13:46 > 0:13:49and call centre staff and is continually looking into

0:13:49 > 0:13:53alternative options to help reduce waiting times.

0:13:53 > 0:13:57It says it's now contacted more than 3.6 million customers

0:13:57 > 0:14:00with at least 1.4 million of those registering for the

0:14:00 > 0:14:01free modification.

0:14:01 > 0:14:05The company apologised to Laura for her long delay but said

0:14:05 > 0:14:08it has now offered a solution she's happy with.

0:14:08 > 0:14:11And it insisted the appliances ARE safe to use while awaiting

0:14:11 > 0:14:15modification, repeating its advice that they shouldn't be left

0:14:15 > 0:14:18unattended while also recommending users...

0:14:24 > 0:14:27There's more information about how to check if your tumble dryer

0:14:27 > 0:14:28is affected on our website.

0:14:32 > 0:14:34And, of course, on Whirlpool's website, too.

0:14:35 > 0:14:39As for the Retail Ombudsman's scheme to encourage more people

0:14:39 > 0:14:42to register their appliances, Whirlpool said it welcomes such

0:14:42 > 0:14:46initiatives, but as this one hadn't been worked out in consultation with

0:14:46 > 0:14:50manufacturers, it pointed consumers to the industry approved

0:14:50 > 0:14:51"Register my appliance" scheme.

0:14:53 > 0:14:57But you can't help thinking the more ways manufacturers can track down

0:14:57 > 0:15:00customers in an emergency, the better, especially if it means

0:15:00 > 0:15:05the wait to get a problem sorted out won't stretch on for months.

0:15:05 > 0:15:09I feel really angry at the fact that I was using this machine daily

0:15:09 > 0:15:12and it could have been us, it could have been my family

0:15:12 > 0:15:15that was put at that risk and that makes me feel really angry.

0:15:23 > 0:15:26Our consumer rights when it comes to shopping were recently made

0:15:26 > 0:15:28a little bit clearer when a rewrite of the law,

0:15:28 > 0:15:30laid out in very simple

0:15:30 > 0:15:33black and white terms, said what we should and shouldn't expect

0:15:33 > 0:15:35a shop to do if we want to take something back.

0:15:35 > 0:15:39But we've discovered that some of our best known chains don't seem

0:15:39 > 0:15:40to have got the message.

0:15:40 > 0:15:43But fear not, by the end of this film you should have no doubts

0:15:43 > 0:15:47whatsoever about what exactly you're entitled to and who knows,

0:15:47 > 0:15:49you might even be able to set the shop straight, as well.

0:15:53 > 0:15:56Now, there was a time when the customer was always right,

0:15:56 > 0:15:59which isn't a bad starting point if there is a disagreement over

0:15:59 > 0:16:01something you've bought.

0:16:04 > 0:16:07But these days, things aren't always that simple.

0:16:07 > 0:16:09If you're not happy with a purchase because, let's say,

0:16:09 > 0:16:13it's faulty or damaged, the store may not always see things your way

0:16:13 > 0:16:17and knowing what your rights are and for how long you'd be entitled

0:16:17 > 0:16:20to get your money back, can baffle even the savviest of shoppers.

0:16:22 > 0:16:25I think on average it is two weeks, 14 days, I think.

0:16:25 > 0:16:29As long as you haven't worn it and you've still got your receipt

0:16:29 > 0:16:32you can take things back within a month.

0:16:32 > 0:16:34It's normally about 14 days, 28 days.

0:16:36 > 0:16:40Well, some of them were close, but none was completely right.

0:16:40 > 0:16:44The Consumer Rights Act of 2015 makes it clear that

0:16:44 > 0:16:45if an item is faulty

0:16:45 > 0:16:48or simply "not fit for purpose", that's the phrase, then return it

0:16:48 > 0:16:51with your receipt and you're legally entitled to a refund

0:16:51 > 0:16:54within a minimum of 30 days.

0:16:54 > 0:16:57Beyond that, you can still expect a repair or replacement,

0:16:57 > 0:17:01but if you want your money back it's really important to act fast.

0:17:01 > 0:17:03And while all that might sound clear-cut,

0:17:03 > 0:17:04for some of you, returning

0:17:04 > 0:17:06goods has proved anything but.

0:17:10 > 0:17:12Jane Owen from Chelmsford, for one.

0:17:12 > 0:17:14She thought that she knew what she was entitled to

0:17:14 > 0:17:17when she needed to return some trainers that she'd bought

0:17:17 > 0:17:18for her daughter Emily.

0:17:20 > 0:17:23I was really excited about getting the trainers

0:17:23 > 0:17:28because it was my birthday and I'd wanted them for ages.

0:17:30 > 0:17:32The trainers were especially important for Emily

0:17:32 > 0:17:35because she was just starting to get back on her feet after

0:17:35 > 0:17:37recovering from a very serious traffic accident.

0:17:38 > 0:17:40Go, come to me.

0:17:40 > 0:17:41That's it, do it slowly.

0:17:41 > 0:17:45The accident in 2014 left Emily hospitalised

0:17:45 > 0:17:49but after months of painful physiotherapy, in August 2015 she

0:17:49 > 0:17:51began walking again.

0:17:51 > 0:17:52Good girl, well done.

0:17:52 > 0:17:55It was an extra special present for all the hard work she'd put in

0:17:55 > 0:17:59to getting back to walking after such a long time.

0:18:01 > 0:18:04Emily's choice was these trainers from JD Sports,

0:18:04 > 0:18:06the self-proclaimed King of Trainers.

0:18:06 > 0:18:09She was thrilled to start wearing them

0:18:09 > 0:18:13but after just two outings she began to notice that something was wrong.

0:18:14 > 0:18:16She said, "Mum, they're really uncomfortable,

0:18:16 > 0:18:18"there's something sticking in the back of my leg,"

0:18:18 > 0:18:20and when I felt inside it, there was like a hard piece

0:18:20 > 0:18:24of plastic or metal sticking out into the back of her foot.

0:18:24 > 0:18:26Now, walking was hard enough for Emily

0:18:26 > 0:18:29but this problem made it too painful for her to even try.

0:18:30 > 0:18:32I can't wear them.

0:18:32 > 0:18:37I have to take them off as soon as I put them on because it hurts.

0:18:38 > 0:18:41Jane asked JD Sports for a replacement pair,

0:18:41 > 0:18:44but much to her surprise, the store told her that they needed

0:18:44 > 0:18:48to send them off for inspection first and when that was complete,

0:18:48 > 0:18:51Jane and Emily were staggered to be told that the fault

0:18:51 > 0:18:55wasn't with the shoes, but the way Emily had put them on.

0:18:55 > 0:18:58The inspection said she must have rammed her feet into them.

0:19:00 > 0:19:03I was quite angry that they'd actually come up with this

0:19:03 > 0:19:07conclusion when it wasn't physically possible for Emily to do this,

0:19:07 > 0:19:10because after Emily's accident we were still actually

0:19:10 > 0:19:13putting her shoes on for her and doing them up.

0:19:14 > 0:19:19Just really upset because I didn't have the strength to do that

0:19:19 > 0:19:24so they were saying that I'd put them on the wrong way and I didn't

0:19:24 > 0:19:27even have the strength to ram my feet in.

0:19:29 > 0:19:33When Jane objected, JD Sports agreed to inspect the shoes again

0:19:33 > 0:19:36but the eventual response was just the same.

0:19:37 > 0:19:40By that point I was just so angry because it was like I was being

0:19:40 > 0:19:45disbelieved because Emily couldn't physically do that at that time.

0:19:46 > 0:19:50JD Sports however insisted that unless an independent inspection

0:19:50 > 0:19:54of the trainers proved otherwise, it wouldn't be taking responsibility

0:19:54 > 0:19:56for the fault in the trainers.

0:19:56 > 0:19:59I just want them to admit that there was something

0:19:59 > 0:20:02wrong with the trainers, not that we'd done anything to them.

0:20:04 > 0:20:08When we got in touch with JD Sports, the store told us that it's sorry

0:20:08 > 0:20:10that Jane is unhappy with its findings

0:20:10 > 0:20:14but after a full internal review, it stands by its view that...

0:20:19 > 0:20:21However...

0:20:25 > 0:20:28It offered Emily a gift card matching the value

0:20:28 > 0:20:30of the trainers so that she can choose another pair.

0:20:32 > 0:20:34Whatever the explanation in this particular case,

0:20:34 > 0:20:37you might have hoped that taking back what was after all still

0:20:37 > 0:20:40a new pair of trainers would have been more straightforward

0:20:40 > 0:20:43and certainly one purpose of the new Consumer Rights Act

0:20:43 > 0:20:46was to make it clearer for shoppers and retailers alike

0:20:46 > 0:20:50exactly when we should and shouldn't expect a refund.

0:20:50 > 0:20:52But, the question is, have all the big stores

0:20:52 > 0:20:53really got the message?

0:20:55 > 0:20:58Under the new rules, if an item was faulty

0:20:58 > 0:21:01when the shopper bought it, they have 30 days to take it

0:21:01 > 0:21:04back for a full refund, and six months to ask for it

0:21:04 > 0:21:06to be repaired or replaced.

0:21:08 > 0:21:11What's more, during that period, if the store doesn't believe

0:21:11 > 0:21:15the fault was present at the time of purchase, it is now up

0:21:15 > 0:21:17to them to prove that.

0:21:17 > 0:21:21But according to Peter Cartwright, who is a professor in consumer law

0:21:21 > 0:21:24at Nottingham University, even big-name retailers

0:21:24 > 0:21:26often get this wrong.

0:21:26 > 0:21:30One reason I think why consumers get confused is because shopkeepers

0:21:30 > 0:21:33and shop assistants are sometimes confused about this.

0:21:33 > 0:21:36This might be in part because the law is quite complex,

0:21:36 > 0:21:38but it also might be because they have not had

0:21:38 > 0:21:42the training that they need to be able to communicate effectively

0:21:42 > 0:21:43what the law is to consumers.

0:21:43 > 0:21:46# Lifting me, lifting me up

0:21:46 > 0:21:48# Just keeps lifting me... #

0:21:48 > 0:21:51So, to test how often store staff do know their stuff,

0:21:51 > 0:21:54we've enlisted the help of this gospel choir from Leicester.

0:21:54 > 0:21:56They're going to swap the high notes...

0:21:56 > 0:21:58# ..Lifting me higher and higher

0:21:58 > 0:21:59# Higher... #

0:21:59 > 0:22:01..for the high street.

0:22:01 > 0:22:03Hi, there. Nice to see you. Hello. How are you? Good to see you.

0:22:03 > 0:22:06To see if some of the big-name stores are all singing

0:22:06 > 0:22:10from the same hymn sheet when it comes to consumer rights.

0:22:10 > 0:22:13Peter has asked members of the choir to pop into branches

0:22:13 > 0:22:16of Britain's best-known retailers and report back

0:22:16 > 0:22:17on the advice that they are given

0:22:17 > 0:22:20about getting a refund on a faulty item.

0:22:21 > 0:22:25So, what we want you to do is to go to some of the top retail stores,

0:22:25 > 0:22:29tell them that you want to return some goods that are faulty,

0:22:29 > 0:22:32and ask them clearly, "How long have I got to do that?"

0:22:32 > 0:22:33OK? Good luck with that.

0:22:36 > 0:22:38Now, a good answer from one of the stores would mention

0:22:38 > 0:22:42either the minimum 30-day limit the customer is legally entitled to,

0:22:42 > 0:22:45or refer to the shop's own policy,

0:22:45 > 0:22:49which, in some cases, might be more generous than the law requires.

0:22:49 > 0:22:52Anything less than the 30 days is incorrect.

0:22:53 > 0:22:58First stop, in the choir's home town of Leicester, Marks Spencer.

0:22:58 > 0:23:02With 914 UK stores, its staff should be up to speed

0:23:02 > 0:23:07with the ins and outs of what a customer is legally entitled to.

0:23:07 > 0:23:09So, was that the case?

0:23:09 > 0:23:12She said you can bring it back. She wants to see it.

0:23:12 > 0:23:15She can't make a decision without seeing the jumper,

0:23:15 > 0:23:17but there's a clear sign saying,

0:23:17 > 0:23:20"If you have changed your mind about something,

0:23:20 > 0:23:22"bring it back within 35 days."

0:23:22 > 0:23:26Now, it's fair enough that the assistant wouldn't commit

0:23:26 > 0:23:27without seeing the item.

0:23:27 > 0:23:31But 35 days to return a product is above and beyond

0:23:31 > 0:23:34the 30-day minimum that the law insists upon.

0:23:34 > 0:23:37Next, Next.

0:23:37 > 0:23:41A high-street giant with 500 stores in the UK and Ireland.

0:23:41 > 0:23:44Let's see what we were told in the Leicester branch.

0:23:44 > 0:23:48So, I went into Next and if the item is faulty,

0:23:48 > 0:23:52then they said it is going to be at a manager's discretion

0:23:52 > 0:23:54whether you can get the refund back.

0:23:56 > 0:23:57That's not so good.

0:23:57 > 0:24:00If it's a genuine manufacturing fault,

0:24:00 > 0:24:02it isn't up to the manager to decide.

0:24:02 > 0:24:04You have a right to a refund.

0:24:04 > 0:24:07We also spoke to staff in the Leicester branches

0:24:07 > 0:24:09of eight other high-street names.

0:24:09 > 0:24:14And between them all, we were only given the wrong advice twice.

0:24:14 > 0:24:17But we also sent our choir to branches of the same stores

0:24:17 > 0:24:19in a different city -

0:24:19 > 0:24:2134 miles up the road in Nottingham.

0:24:21 > 0:24:25Kicking off, once again, in Marks Spencer.

0:24:25 > 0:24:28She said, "Sometimes it's six months, sometimes it's a year."

0:24:28 > 0:24:30So, she wasn't sure of the time.

0:24:30 > 0:24:33Also, she said dependent on the fault and where it is.

0:24:33 > 0:24:37Well, the staff member here wasn't as sure of their facts

0:24:37 > 0:24:40as in the last branch and didn't seem to know either the law

0:24:40 > 0:24:43or the store's own policy.

0:24:43 > 0:24:45And we weren't given strictly accurate advice

0:24:45 > 0:24:47in the Nottingham branch of Next either,

0:24:47 > 0:24:50although staff did appear quite flexible in their approach.

0:24:52 > 0:24:55If it's the manufacturer's fault, there is no timescale, really.

0:24:55 > 0:24:56It's at the manager's discretion.

0:24:58 > 0:25:01On this occasion, the shop workers of Nottingham

0:25:01 > 0:25:03weren't quite as up to scratch on consumer rights

0:25:03 > 0:25:05as the ones in Leicester,

0:25:05 > 0:25:09because half of the shops we checked gave us the wrong advice.

0:25:09 > 0:25:12And of the ten high-street names,

0:25:12 > 0:25:13there were only five

0:25:13 > 0:25:16where the staff gave us correct advice in both cities.

0:25:16 > 0:25:20Topman, Matalan, Asda, H and Debenhams,

0:25:20 > 0:25:24where, each time, we were directed to either the 30-day legal minimum

0:25:24 > 0:25:27or their own more generous returns policy.

0:25:27 > 0:25:30The information from the rest was mixed and sometimes,

0:25:30 > 0:25:31I'm afraid, just plain wrong.

0:25:33 > 0:25:38Hi, guys. Hello. So how did it go today? Well, very interesting.

0:25:38 > 0:25:42So, do you think that the shops just didn't know what your rights were?

0:25:42 > 0:25:44I don't think they know.

0:25:44 > 0:25:48Because some was talking about it depends on a manager's discretion,

0:25:48 > 0:25:51and which manager you get to get a refund for a faulty item

0:25:51 > 0:25:52if you haven't got a receipt,

0:25:52 > 0:25:55so it comes down to the manager at some point.

0:25:58 > 0:26:00But if shop staff don't always get it right,

0:26:00 > 0:26:02it's no wonder we can end up confused,

0:26:02 > 0:26:05or worse still, not getting what we are entitled to.

0:26:05 > 0:26:07So, to get a bigger picture,

0:26:07 > 0:26:09researchers from the Rip-off Britain team

0:26:09 > 0:26:11also either phoned or popped into branches

0:26:11 > 0:26:14of those same ten retailers in Liverpool,

0:26:14 > 0:26:16Manchester, and Chelmsford.

0:26:16 > 0:26:19And again, there was quite a difference in what we were told.

0:26:21 > 0:26:24By now, in total, we'd asked the same question on refunds

0:26:24 > 0:26:26in 50 stores across the UK

0:26:26 > 0:26:28and we put the results into a table

0:26:28 > 0:26:31to see which chains fared best overall.

0:26:33 > 0:26:35Bottom of our list was Next,

0:26:35 > 0:26:37with staff failing to give accurate advice

0:26:37 > 0:26:40in any of the five stores we checked.

0:26:40 > 0:26:41Not far behind,

0:26:41 > 0:26:45Primark also got it wrong more often than getting it right.

0:26:45 > 0:26:49Our results were a mixed bag at New Look and Debenhams and Tesco.

0:26:49 > 0:26:53But the advice was more consistent at H, M, and Matalan -

0:26:53 > 0:26:57each of which was let down by just one store from the five we checked.

0:26:57 > 0:27:00But at the top of the table were Asda and Topman,

0:27:00 > 0:27:02where we got the correct information

0:27:02 > 0:27:04from all five of the branches we spoke to.

0:27:07 > 0:27:09When we put our findings to the stores that,

0:27:09 > 0:27:11on this occasion, came out worst,

0:27:11 > 0:27:13they stressed their commitment is to making sure

0:27:13 > 0:27:15the staff get this right.

0:27:15 > 0:27:21Next told us it's rolling out an updated staff training module...

0:27:21 > 0:27:23And Primark also said

0:27:23 > 0:27:28it would be strengthening its training on this...

0:27:28 > 0:27:31But to make sure you're armed with the right information

0:27:31 > 0:27:33on all of this whenever you need it,

0:27:33 > 0:27:38do go to our website...

0:27:38 > 0:27:40And there, you'll find a handy downloadable guide,

0:27:40 > 0:27:42spelling it all out.

0:27:49 > 0:27:51Still to come on Rip-off Britain,

0:27:51 > 0:27:56the big name in furniture that may charge to return those faulty goods.

0:27:56 > 0:27:59I was furious. I was upset.

0:27:59 > 0:28:03I felt as if I was being bullied into giving them money

0:28:03 > 0:28:08to take away a product that they'd delivered to me damaged.

0:28:12 > 0:28:16Once again, we've taken Rip-off Britain out onto the road,

0:28:16 > 0:28:21so that we can meet and help as many of you as we can in person.

0:28:21 > 0:28:24I watch it occasionally. You do? I do, yeah.

0:28:24 > 0:28:25You're my perfect man, then!

0:28:25 > 0:28:29Our pop-up advice clinic checked into Manchester this year

0:28:29 > 0:28:33and our team of experts was kept busier than ever before.

0:28:33 > 0:28:36Steve Dalton came to seek personal finance whiz Sarah Pennells

0:28:36 > 0:28:39after having trouble with an old energy supplier

0:28:39 > 0:28:43that proved surprisingly difficult to leave behind.

0:28:43 > 0:28:45We changed providers in March last year

0:28:45 > 0:28:48and First Utility continued to bill us.

0:28:48 > 0:28:51Did they confirm that they'd closed the account? Yes, they did.

0:28:51 > 0:28:54How much, then, was the bill that you continued to get?

0:28:54 > 0:28:58We continued to receive bills monthly, for the next nine months.

0:28:58 > 0:29:01For how much? Hundreds of pounds.

0:29:01 > 0:29:03?150, ?250, ?70.

0:29:03 > 0:29:06Every one was different.

0:29:06 > 0:29:08And what did they say when you got in touch with them again?

0:29:08 > 0:29:12That they were looking into it, they were sorry for the inconvenience.

0:29:12 > 0:29:14We had e-mails confirming that.

0:29:14 > 0:29:17First Utility agreed that Steve had been billed incorrectly

0:29:17 > 0:29:19and refunded the hundreds of pounds

0:29:19 > 0:29:21that he quite wrongly had been asked to pay.

0:29:21 > 0:29:24But billing errors across all energy companies

0:29:24 > 0:29:26remain disappointingly common.

0:29:26 > 0:29:28I can understand why you're fed up,

0:29:28 > 0:29:30and I think it's really frustrating

0:29:30 > 0:29:32when an energy company can't bill you correctly.

0:29:32 > 0:29:35And I have to say that your energy supplier is not the only one

0:29:35 > 0:29:38that's had billing problems.

0:29:38 > 0:29:40This whole sector, large parts of it seem fairly incapable

0:29:40 > 0:29:42of producing an accurate bill,

0:29:42 > 0:29:44which you wouldn't think would be rocket science.

0:29:44 > 0:29:46And a couple of companies have been hauled over the coals

0:29:46 > 0:29:49by the regulator precisely for this.

0:29:49 > 0:29:52And Steve's problems with First Utility weren't over yet.

0:29:52 > 0:29:55Months later, the company was back in touch.

0:29:55 > 0:29:59In February this year, they put us into debt management.

0:29:59 > 0:30:01So, they sent debt collectors,

0:30:01 > 0:30:04or they sent you a debt collector's letter.

0:30:04 > 0:30:06Yeah, and issued a debt management order,

0:30:06 > 0:30:08and, effectively, blackened our name.

0:30:08 > 0:30:10Well, certainly, you don't want to have that,

0:30:10 > 0:30:13meaning that you can't get good deals on borrowing in the future.

0:30:13 > 0:30:16I bet you were really shocked and angered by that. I was, yeah.

0:30:16 > 0:30:20Yeah, because you felt that you have done anything right. Yeah. Yeah.

0:30:20 > 0:30:22Nine months after he'd closed his account,

0:30:22 > 0:30:27the energy supplier was pursuing Steve for a final bill of ?173,

0:30:27 > 0:30:31when as far as he was concerned, the account was all settled.

0:30:31 > 0:30:34Worried about his credit rating and the demanding letters,

0:30:34 > 0:30:35Steve paid up.

0:30:35 > 0:30:38But he remains unhappy,

0:30:38 > 0:30:40so Sarah has offered to take up his case.

0:30:40 > 0:30:43Well, there's two things that we'll do.

0:30:43 > 0:30:44One is I will go back to the company.

0:30:44 > 0:30:46We'll take copies of what we need to.

0:30:46 > 0:30:48And I'll, basically, kind of, you know,

0:30:48 > 0:30:51be like a terrier with a bone on this one. Thank you.

0:30:51 > 0:30:53And the other thing is,

0:30:53 > 0:30:56I'll ask them to produce a copy of your credit record

0:30:56 > 0:30:58to make sure that there isn't an impact on that, as well.

0:30:58 > 0:31:01If you could do that, I'd be very grateful.

0:31:01 > 0:31:04When Sarah did get in touch with First Utility,

0:31:04 > 0:31:06the confusion here became clear.

0:31:06 > 0:31:09It turns out that when Steve had closed his account,

0:31:09 > 0:31:14he'd been given incorrect advice about his balance and what he owed.

0:31:14 > 0:31:17The company accepts that, on this occasion, it got it wrong.

0:31:17 > 0:31:19So, as well as refunding the money

0:31:19 > 0:31:21that Steve hadn't known he needed to pay,

0:31:21 > 0:31:25it's given him a goodwill gesture to make up the inconvenience

0:31:25 > 0:31:28and apologised for the frustration that the errors caused.

0:31:30 > 0:31:33Without Rip-off Britain's help and advice,

0:31:33 > 0:31:36I don't think we would have ever resolved this.

0:31:38 > 0:31:40Meanwhile, we were out and about with our experts

0:31:40 > 0:31:42in the rest of the shopping centre...

0:31:42 > 0:31:44You're, um...!

0:31:44 > 0:31:45Yes, I am!

0:31:45 > 0:31:49..to help more people brush up on their retail rights.

0:31:49 > 0:31:52Do you reckon you know all your rights from shopping online?

0:31:52 > 0:31:54Absolutely not. You don't.

0:31:54 > 0:31:58Right, well, let me introduce the lady from Trading Standards,

0:31:58 > 0:32:00Sylvia, who will tell you what your rights are.

0:32:00 > 0:32:03When you buy from a shop, you don't have the right to return

0:32:03 > 0:32:05something if you just change your mind.

0:32:05 > 0:32:06But you do if you buy online.

0:32:06 > 0:32:09So when you buy something online, generally, you've got 14 days

0:32:09 > 0:32:11in which you can decide whether you want to keep it,

0:32:11 > 0:32:14and if you don't, you can send it back and get your money back.

0:32:14 > 0:32:15One thing I would say,

0:32:15 > 0:32:18if you see a .co.uk website, what does that tell you?

0:32:19 > 0:32:21I think it's from the UK.

0:32:21 > 0:32:23It's a company in the UK, right? Is it? No!

0:32:23 > 0:32:25Not necessarily.

0:32:25 > 0:32:29That's what a lot of people think, but you can buy a .co.uk website.

0:32:29 > 0:32:32So, just because you see it and you think it's reassuring,

0:32:32 > 0:32:34it's a good idea to do some checks.

0:32:34 > 0:32:37You can actually put the name into a domain searcher, such as Who.Is.

0:32:37 > 0:32:41It'll tell you where that address is registered. Thank you very much.

0:32:41 > 0:32:43Have you found that helpful? Yeah, really helpful.

0:32:43 > 0:32:46Especially the .co.uk - I didn't know that. That's quite shocking.

0:32:51 > 0:32:54As we heard earlier, the law says when you buy something

0:32:54 > 0:32:58that's faulty, you are entitled to a refund or a replacement.

0:32:58 > 0:33:02Now, your consumer rights really are very clear on that matter.

0:33:02 > 0:33:05But the people in our next film were left feeling that their rights

0:33:05 > 0:33:07really didn't matter much at all

0:33:07 > 0:33:10to the company that sold them faulty furniture.

0:33:10 > 0:33:13Right, let's recap our finance offer...

0:33:13 > 0:33:17It's a big company, whose ads you've probably seen on TV.

0:33:17 > 0:33:18Pay no deposit...

0:33:18 > 0:33:21And it makes equally big promises about the quality of its products.

0:33:21 > 0:33:25..A place of dovetail joints, beautiful details.

0:33:25 > 0:33:27So, let's furnish the land!

0:33:29 > 0:33:33It was those TV adverts that first caught Diane Perrin's eye

0:33:33 > 0:33:37when she was looking for a new sofa for her home in Staffordshire.

0:33:37 > 0:33:41They come across as a really friendly company

0:33:41 > 0:33:44that is very hot on customer service,

0:33:44 > 0:33:48that makes sure that their quality control is really high.

0:33:48 > 0:33:50Diane didn't just want any old sofa,

0:33:50 > 0:33:53not least because the narrow doorways in her cottage

0:33:53 > 0:33:56make it hard to get most big furniture through the door.

0:33:56 > 0:33:58But Oak Furnitureland sold a recliner

0:33:58 > 0:34:01that she and her husband, Mark, couldn't resist.

0:34:01 > 0:34:04It ticked every box that we had.

0:34:04 > 0:34:06It was pretty to look at.

0:34:06 > 0:34:08The upholstery was soft and very comfortable

0:34:08 > 0:34:12and we'd never had luxury like a plug-in,

0:34:12 > 0:34:14electric reclining sofa before.

0:34:14 > 0:34:15It was perfect.

0:34:17 > 0:34:19Diane and her husband were sold.

0:34:19 > 0:34:23And they bought the sofa under the store's interest-free credit offer

0:34:23 > 0:34:27for a total price of ?848 -

0:34:27 > 0:34:29including insurance and delivery.

0:34:30 > 0:34:34We were over the moon. I know it sounds ridiculous for a settee,

0:34:34 > 0:34:38but we'd been so long without a decent sofa.

0:34:38 > 0:34:41A week later, in May 2016, the new sofa arrived.

0:34:41 > 0:34:45The drivers unwrapped and assembled it and a neighbour helped Diane,

0:34:45 > 0:34:49who'd just had surgery on her hands, tidy up the packaging.

0:34:49 > 0:34:52But it wasn't long before she spotted a problem.

0:34:52 > 0:34:54There was a pull in the fabric,

0:34:54 > 0:34:58which I thought they could probably come and fix,

0:34:58 > 0:35:01but then, as I ran my hand across the fabric,

0:35:01 > 0:35:05I noticed that there was a big dent just by the arm.

0:35:06 > 0:35:09The dent that's in the cushion

0:35:09 > 0:35:11is easily three inches wide

0:35:11 > 0:35:14and it's 19 inches long, when I measured it.

0:35:14 > 0:35:17With the delivery drivers long gone,

0:35:17 > 0:35:20Diane picked up the phone to Oak Furnitureland.

0:35:20 > 0:35:22I wanted to try and get it replaced

0:35:22 > 0:35:25with one that didn't have this damage to it.

0:35:26 > 0:35:28Diana assumed that getting a replacement

0:35:28 > 0:35:32would be straightforward. How wrong she was!

0:35:32 > 0:35:35The store asked her to send photos of the damage,

0:35:35 > 0:35:38then said that, rather than replacing the item,

0:35:38 > 0:35:41it would send someone round to repair the furniture,

0:35:41 > 0:35:43which she wasn't happy with at all.

0:35:43 > 0:35:45That just didn't seem fair to me.

0:35:45 > 0:35:49That's it's a lot of money, it's a big piece of furniture,

0:35:49 > 0:35:53and if it's not arriving in pristine showroom condition,

0:35:53 > 0:35:54it should be replaced.

0:35:54 > 0:35:59Oak Furnitureland was adamant that it was under no obligation

0:35:59 > 0:36:02to replace the sofa, as the fault was only minor.

0:36:02 > 0:36:05But when Diane checked the store's terms and conditions,

0:36:05 > 0:36:08she couldn't find anything that backed up what she was being told.

0:36:08 > 0:36:14Nowhere in here does it say that we won't replace faulty goods.

0:36:14 > 0:36:17In fact, in several places,

0:36:17 > 0:36:21it says we will replace where furniture is faulty.

0:36:23 > 0:36:27Thoroughly confused, Diane called customer services again,

0:36:27 > 0:36:29demanding a replacement.

0:36:29 > 0:36:33This time, Oak Furnitureland said that she could return the sofa,

0:36:33 > 0:36:37but in doing so, she was effectively refusing a repair,

0:36:37 > 0:36:39so wouldn't get a full refund.

0:36:39 > 0:36:43Instead, she'd need to pay a ?225 cancellation charge,

0:36:43 > 0:36:46almost a third of what she paid for the sofa.

0:36:48 > 0:36:50I was furious.

0:36:50 > 0:36:51I was upset.

0:36:51 > 0:36:56I felt as if I was being bullied into giving them money

0:36:56 > 0:37:02to take away a product that they delivered to me damaged.

0:37:02 > 0:37:04The store's lengthy terms and conditions

0:37:04 > 0:37:07do state that, because all sofas are made to order,

0:37:07 > 0:37:11they are excluded from the company's seven-day money-back guarantee.

0:37:11 > 0:37:15But Diane could find no reference to facing a 30% charge

0:37:15 > 0:37:19to return faulty goods if you're not willing to accept a repair.

0:37:19 > 0:37:22And she can't see how that could be right.

0:37:22 > 0:37:25I just can't understand where this policy came from.

0:37:25 > 0:37:29And why they think... Why they set on that figure.

0:37:30 > 0:37:33Convinced that she was entitled to a full refund

0:37:33 > 0:37:37if no replacement was forthcoming, Diane refused to back down.

0:37:37 > 0:37:39And though the company did refund the money

0:37:39 > 0:37:44that she paid for the insurance and cancelled her finance agreement,

0:37:44 > 0:37:48she was then billed for the ?225 Oak Furnitureland insisted

0:37:48 > 0:37:50that she should pay.

0:37:50 > 0:37:52It's just outrageous. It's just so...

0:37:54 > 0:37:55It's just so wrong.

0:37:55 > 0:37:58And Diane is not alone in thinking that.

0:37:58 > 0:38:01In fact, you could fill several sofas with the people

0:38:01 > 0:38:04who've contacted us with similar stories.

0:38:04 > 0:38:08Jo Thomas reluctantly accepted a repair to her sideboard

0:38:08 > 0:38:09that was faulty on delivery,

0:38:09 > 0:38:12as she was told that it would not be possible

0:38:12 > 0:38:15to refund or replace it free of charge.

0:38:15 > 0:38:18Meanwhile, Jenna Slowey felt that she had no choice

0:38:18 > 0:38:21but to accept a repair to her faulty sofa,

0:38:21 > 0:38:25after, once again, being told that she would be charged to return it.

0:38:25 > 0:38:27But Diane remains convinced

0:38:27 > 0:38:30that what Oak Furnitureland has told her is wrong.

0:38:30 > 0:38:32So, to find out for sure,

0:38:32 > 0:38:34we brought her to meet Tony Shore

0:38:34 > 0:38:37from Staffordshire Trading Standards.

0:38:37 > 0:38:40Well, the law is very clear in relation to faulty goods.

0:38:40 > 0:38:43If you advise them that they are faulty,

0:38:43 > 0:38:45within that 30-day period,

0:38:45 > 0:38:47you're entitled to a refund of your money.

0:38:47 > 0:38:51So, from the point of view of the Consumer Rights Act,

0:38:51 > 0:38:53you're entitled to a full refund of your money.

0:38:53 > 0:38:58And that means that there's no costs involved for you

0:38:58 > 0:38:59as an individual at all.

0:38:59 > 0:39:03But if the Consumer Rights Act is so clear,

0:39:03 > 0:39:07saying that you are entitled to a full refund within 30 days,

0:39:07 > 0:39:10Diane can't see how Oak Furnitureland's terms and conditions

0:39:10 > 0:39:15can say that sofas are excluded from the store's seven-day guarantee.

0:39:15 > 0:39:17And Tony agrees with her.

0:39:17 > 0:39:19I felt powerless.

0:39:19 > 0:39:22Are companies like Oak Furnitureland

0:39:22 > 0:39:27allowed to write their own terms and conditions like this? No.

0:39:27 > 0:39:31Your statutory rights are there regardless of any policies

0:39:31 > 0:39:35or any documentation that the company provides.

0:39:35 > 0:39:37These are rights that you've got in law

0:39:37 > 0:39:39and nobody can take those away.

0:39:39 > 0:39:42Now, Oak Furnitureland does make clear on its website

0:39:42 > 0:39:46that its Ts and Cs are subject to your statutory rights.

0:39:47 > 0:39:51But when its terms appear to say something that's different,

0:39:51 > 0:39:54you can see why Diane is so keen to get this cleared up.

0:39:54 > 0:39:58So, Tony's advice to Diane is absolutely not to give up.

0:39:58 > 0:40:02He recommends that she writes to the company's chief executive,

0:40:02 > 0:40:05clearly stating her case, and asking for a full refund,

0:40:05 > 0:40:08quoting the crucial passage from the Consumer Rights Act,

0:40:08 > 0:40:12which, by the way, you can find on our website.

0:40:12 > 0:40:14But in the end, that wasn't needed.

0:40:14 > 0:40:18When we contacted Oak Furnitureland about Diane's case,

0:40:18 > 0:40:21it immediately and unreservedly apologised,

0:40:21 > 0:40:27agreeing that she was...

0:40:27 > 0:40:32and that, on this occasion, its...

0:40:32 > 0:40:36As such, it's repaid the money and reviewed its processes

0:40:36 > 0:40:44to enable specialist staff to work...

0:40:44 > 0:40:48It told us the other two cases we mentioned have also both

0:40:48 > 0:40:56been resolved and that, as a result...

0:40:59 > 0:41:02And though that isn't what was offered to Diane,

0:41:02 > 0:41:05whose purchase came several months after that change came in,

0:41:05 > 0:41:07the store went on to tell us

0:41:07 > 0:41:10that all its customer service team is being retrained.

0:41:10 > 0:41:13And it made clear that its seven-day money-back guarantee

0:41:13 > 0:41:16is in addition to customer's statutory rights.

0:41:18 > 0:41:20As well as her refund,

0:41:20 > 0:41:23Oak Furnitureland sent Diane flowers and chocolates as an apology,

0:41:23 > 0:41:26and though she very much appreciates all that,

0:41:26 > 0:41:30she wants to make sure anyone else who ends up with faulty goods -

0:41:30 > 0:41:34wherever they bought them - knows exactly what they're entitled to.

0:41:34 > 0:41:37It's not just the money that I was distressed about

0:41:37 > 0:41:39and that I was angry about.

0:41:39 > 0:41:43I think they've got a lot to sort out internally.

0:41:52 > 0:41:54If you got a story you'd like us to investigate,

0:41:54 > 0:41:59then you can get in touch with us via our Facebook page,

0:41:59 > 0:42:04our website...

0:42:04 > 0:42:09or e-mail.

0:42:09 > 0:42:12And, of course, you can send a letter to our postal address.

0:42:27 > 0:42:29Well, after seeing our reports today, hopefully,

0:42:29 > 0:42:33both you and the shops themselves are going to be a lot clearer

0:42:33 > 0:42:36on exactly what you are entitled to if, for whatever reason,

0:42:36 > 0:42:38you need to take something back.

0:42:38 > 0:42:42Because it would certainly seem that perhaps in the past,

0:42:42 > 0:42:45you may not always have been given the right information.

0:42:45 > 0:42:49It seems that's especially the case when it comes to that old chestnut

0:42:49 > 0:42:51of whether you should get a full refund

0:42:51 > 0:42:53or just be happy with an exchange or credit note.

0:42:53 > 0:42:56So, I have to say, it's a great relief to finally have that one

0:42:56 > 0:42:58cleared up once and for all. Now that you know your rights,

0:42:58 > 0:43:01make sure that nobody tries to bamboozle you

0:43:01 > 0:43:03by telling you anything different.

0:43:03 > 0:43:06And if you do run into problems when it comes to getting a refund,

0:43:06 > 0:43:09a replacement, or a repair for something faulty,

0:43:09 > 0:43:11why not share what happened on our Facebook page?

0:43:11 > 0:43:14I'm sure this is a topic we're going to be looking at again.

0:43:14 > 0:43:18In the meantime, keep shopping and keep taking back where necessary.

0:43:18 > 0:43:21But for now, thank you very much for joining us.

0:43:21 > 0:43:24And from all of us here, goodbye. Goodbye. Goodbye.

0:43:54 > 0:44:00MUSIC: Powerful by Major Lazer

0:44:05 > 0:44:07GUN CLICKS