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Lesson 4: Common Consumer Problems

Lesson 4: Common Consumer Problems. Overview of Lesson. "Caveat Emptor" - "Let the Buyer Beware" Complaints Third parties Small Claims Court Deposits, gift vouchers and receipts Quizzes. Caveat Emptor. Caveat Emptor is a Latin phrase which means “Let the Buyer Beware”

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Lesson 4: Common Consumer Problems

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  1. Lesson 4:Common Consumer Problems

  2. Overview of Lesson • "Caveat Emptor" - "Let the Buyer Beware" • Complaints • Third parties • Small Claims Court • Deposits, gift vouchers and receipts • Quizzes

  3. Caveat Emptor • Caveat Emptor is a Latin phrase which means “Let the Buyer Beware” • In practice, this means that consumers should act reasonably and sensibly when making purchasing decisions and examine goods carefully before they buy • If you don’t take reasonable steps to ensure goods are free from damage, your entitlements may be affected later on

  4. What is a valid complaint? • Faulty or damaged goods • Goods that are not as described • Goods that do not perform the task they are designed to do

  5. What is a non-valid complaint? • Shop-soiled goods where the defect was pointed out at the point of sale • Consumer changing their mind about a product • Consumer causing the damage to a product • Consumer buys a product without checking its suitability, e.g. buying a black instead of navy jacket, item too small or not matching existing products - jacket and trousers

  6. Making an Effective Complaint • Do not attempt to repair the item yourself – this may affect your rights • Contact the seller as soon as possible when you notice the fault • Ask to speak to someone in authority who can deal with your complaint • Explain the problem and how you would like it resolved

  7. Making an Effective Complaint • Consider any resolution put forward by the seller reasonably • Make sure that you have proof of purchase, e.g. receipt, invoice, cheque stub, credit card receipt • Keep a record of all contact with the seller in case you have to go to the Small Claims Court

  8. Third Parties • If you don’t get a satisfactory resolution when you complain to the retailer, you can contact a third party - someone who will try to act on your behalf or give you information to reach a settlement with the shop • Examples of third parties include: • Industry regulators, e.g. ComReg for telecoms issues, Aviation Regulator (CAR) for airline problems • Ombudsman, e.g. in disputes for goods or services in relation to local authorities • Trade associations, e.g. ITAA for travel agents, SIMI for motor dealers

  9. Small Claims Court • If you still haven’t reached a satisfactory resolution to your complaint, you can go to the Small Claims Court • This provides an inexpensive and easy way for consumers to resolve disputes without the need for a solicitor • Small Claims service is provided in your local District Court office, or you can apply through Courts.ie • The charge is €15 and the claim cannot exceed €2,000

  10. Stages involved in making a complaint

  11. Paying Deposits • A deposit is a payment made to a supplier of a product or service by a consumer indicating an intention to buy it • Paying a deposit creates a contract. If you then change your mind about buying the product you forfeit your rights and lose the deposit • If the seller goes out of business (liquidation, receivership etc) you can make a claim to the liquidator/receiver for a refund of your deposit. • However, you will be considered an unsecured creditor and are unlikely to get you money back

  12. Gift Vouchers • Gift vouchers should be treated as cash, i.e. if you lose the gift voucher, the retailer has no obligation to reimburse you • Some gift vouchers have an expiry date • Consumers have very few rights if the company goes out of business, as they become creditors of the business and will only receive a fraction of what the voucher was worth, if anything

  13. Receipts • Retailers have no legal obligation to provide a receipt • However, receipts are considered proof of purchase, so consumers should always ask for one • Handwritten receipts can be accepted if a till receipt is unavailable • Proof of purchase doesn't have to be the shop receipt (e.g. shopper could show a credit card statement)

  14. Summary of Lesson • Caveat Emptor “Let the Buyer Beware” • Examples of valid complaints • Examples of non-valid complaints • Making an effective complaint • Third Parties • Small Claims Court • Paying deposits and where you stand • Gift vouchers • Receipts

  15. Test your knowledge • Go to www.ConsumerConnect.ie and click on quizzes in “Multimedia” to test your knowledge by completing the “Clever Consumer” and “Great Complainer” quizzes

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