1 Chapter 17 Consumer Protection and Making a

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1 CONSUMER PROTECTION Activity 1 Chapter 17 Consumer Protection and Making a Below are four letters written to a consumer magazine, Buyrite, looking for advice. Reply to each letter, mentioning parts of the Sale of Goods and Supply of Services Act where appropriate. Cowboy plumber My husband and I, who are both in our seventies, have just had the most terrible six months of our lives. Two years ago we returned to Ireland from the US and built a new house here. Things were great until about six months ago, when our plumbing went. Sinks and baths would take forever to empty and there was a terrible smell outside. When we got it investigated, to our horror we were told that the pipes used by our plumber were much too narrow and were of poor quality. What are our rights? Paula and John Ryan Dear Paula and John, 1 Chapter 17

2 Faulty back wheel I recently bought a new bicycle for my five-year-old son. After riding it about three times, my husband noticed that the front wheel was buckled. My son did fall off the bike once but I do not think this caused the damaged wheel. Please advise me of my rights. Tina McKeown Dear Tina, Blue in blue My son is getting married in two months time and I purchased a blue suit for the occasion. When my future daughter-in-law saw it, she informed me that it was exactly the same as her own mother s. Do I have a right to a refund, as there is nothing else in the shop I really like? Joan Delaney Dear Joan, 2 Chapter 17

3 House of horror I recently signed the contract for my first new home. I viewed the showhouse and was really happy with the quality of the house I was getting for my money. Shortly after signing, however, I was informed that the builders were changing the internal structure slightly. Instead of solid walls inside, there is now to be flimsy partition walls. In the original plans, the attic was to be built in such a way as to be easily converted. This has all now changed. They have offered to reduce the price by 3,000, but I estimate the value of the house to be at least 10,000 less. Please advise me of my rights. Peter Hughes Dear Peter, Activity 2 Read both of the case studies below. In the space provided, explain clearly how each is an example of a breach of the Consumer Information Act. Peter, who is a plumber, recently bought a two-year-old diesel van from a reputable local car dealer. The van had 18,000 miles on the clock. After paying for the van, Peter got into it and drove out of the garage into the sunlight. He pulled down the sunshield, and as he did so, a van service slip fell out. Peter pulled over and looked at the slip, which read Serviced at 23,000 miles. 3 Chapter 17

4 Jenny really loved the jumper, but as it cost 65, she knew that she would have to wait for the sales. On the first day of the sales she went to buy it, but to her horror the tag said the jumper was reduced from 85 to 65. She felt cheated. Activity 3 Give your opinion on each of the following situations. Has there been a breach of the Consumer Information Act? Situation 1 Man takes two-month-old toaster back to the shop as it keeps burning toast even when on the lowest setting. Shop says they will have to send it back to the manufacturers for repair and this will take six to eight weeks. Man thinks this is unreasonable and wants a refund. Situation 2 Man takes a pair of jeans to shop, wants a refund because jeans are navy and he thought they were black. (Navy is written on the label.) Shop offers credit note but no refund. Situation 3 Woman buys vacuum cleaner and uses it to clean up after builders building an extension to her house. The motor becomes clogged and the machine stops working. What is she entitled to and why? Situation 4 A golfer buys a pair of expensive golf shoes that are labelled waterproof. The following week, she wears them to play a match in very heavy rain. The shoes let in water. 4 Chapter 17

5 Activity 4 Sean Farrell, who lives in Co. Meath, bought a new computer recently from a large Dublin-based computer store. When he connected it up and switched it on, it failed to boot up at all. He telephoned the shop and they put him on to their technical helpline. The helpline explained that they do not deal with his make of machine and that it must be returned at his expense to the manufacturer for repair. Sean is very unhappy and decides to write a letter of complaint. Imagine you are Sean. Making up some of the details, e.g. computer make and serial number, some names and addresses, write a letter of complaint in the space provided below. 5 Chapter 17

6 Activity 5 Small claims procedure Imagine Mrs Jacinta Fay (claimant) of 28 Forrest View, Drogheda, Co. Louth is a friend of yours. She has asked you to help her fill out the small claims application form (see next page) before she returns it to the district court. Situation Jacinta, after seeing this ad in the local paper, employed Mr Eoin Boyle (respondent) of 17 Oriel Park, Drogheda to put up a fence at her home in Forrest View. Mr Boyle came out and put up the fence, charging her 900 for the job. Three weeks later the fence started to come loose, and after one fairly stormy night part of it fell down. On getting advice, Jacinta was told that the fencing posts should have been cemented in and that the job was very badly done by Mr Boyle. Jacinta rang Mr Boyle, who refused to give her the money back or to redo the job properly. Now test yourself at 6 Chapter 17

7 AN CHÚIRT DÚIC HE THE DISTRICT COURT DISTRICT COURT AREA OF DROGHEDA 6 DISTRICT NO. CLAIM NO. DISTRICT COURT (SMALL CLAIMS PROCEDURE) RULES, 1999 RULE 3 APPLICATION TO SMALL CLAIMS REGISTRAR CLAIMANT: Name and Address of Person making the claim RESPONDENT: Name and Address of Person against whom the claim is made CLAIM: Set out the particulars of the claim I hereby apply to have the above claim processed through the Small Claims Procedure in accordance with the provisions of the above mentioned Rules. Dated this of 20 To: The Small Claims Registrar District Court Office Old Library Fair Street Signature of person making the claim Drogheda NOTE: This application must be accompanied by a fee of Chapter 17