About this blog

Accessible legal tips, know-how and news for anyone with a complaint or legal issue from Stephen Gold, author of The Return of Breaking Law, the book

Monday, 31 December 2018

For BBC Radio 5 Live Listeners - Especially

Hello, Nice to speak you on the radio today. As promised - actually, a bit sooner than promised - here's confirmation of some of the areas we covered and some more.



You'll find some of my Christmas shopping tips here. http://www.breakinglaw.co.uk/search/label/consumer%20rights

They are as good for the New Year, any day of the year and any minute of that day.


When it comes to sale goods, they like non-sale goods, must be of satisfactory quality and reasonably fit for their purpose. Regard will be had to the price you paid but the thing must still work! If you buy a hot water bottle which is marked down by 95% and it has holes in it, the seller can't say: 'But what did you expect for that price?!'



If the seller has gone out of business or is being unhelpful about your complaint then you may be able to look to the credit card company for a refund and compensation provided the cash price was more than £100 and you used that credit card to finance any part of the repurchase. You could be scuppered if there was an intermediary like PayPal which processed the payment. But if you used a debit card to pay, whatever the price, then the issuing bank will often make a refund if the goods weren't up to legal standard though they won't pay consequential losses which you could collect where the credit card situation applies (like having to pay more for a comparable item elsewhere, out of pocket expenses and compensation for not being able to use the defective item as intended). 



For a non-delivery where you have stipulated a date on or by which you must have the goods, you are entitled to cancel and have a refund and compensation for losses once the date has passed without a delivery. Where no date has been agreed, you should get the goods within 30 days. If at the end of 30 days there is no sign of them then you can give notice to the seller that if they are not delivered within a reasonable time, which you should stipulate - usually safe to plump for around 28 days - then you will cancel and that you would be entitled to do and have a refund with compensation for any losses.

For goods ordered on line, the cancellation period will  generally not start to run until those goods have been delivered so you can cancel earlier.



You can find much, much more in my book Breaking Law. And , if the pages fall out, you would have a good claim!



Something else. I mentioned compensation for cold calling. Here's something on the laws which came into force in September 2017.

http://www.breakinglaw.co.uk/search/label/cold%20calling
Similar laws are being brought into force on 09 January 2019 in relation to cold calls (by callers not authorised by the Financial Conduct Authority) to individuals in relation to their pension schemes where they have not consented to receive the calls and they are not already a client of the calling firm. Tell the caller to read the Privacy and Electronic Communications (Amendment) (No 2) Regulations 2018 SI/2018/1396, put that into their pipe and pay you some dosh.

Happy New Year.

The early kill: Chapter 15 - Daft Cases and Daft Responses

Is the other side clearly hell bent on litigating a hopeless case? Then you can get their case struck out (to use the jargon) so that you don't have to get involved in lengthy court proceedings without good reason.

In this chapter I tell you when and how you can do this - but whatever you do don't call it the early kill!

Sunday, 30 December 2018

Sock it to 'em in writing: Chapter 14 - Witnesses and their Statements

There is 'no property in a witness' What on earth does that mean? Well I'll tell you and explain the importance and intricacies of witness statements in your case in Chapter 14 set out below.


Saturday, 29 December 2018

Cap the costs of going to court: Chapter 13 - Court Fees

"On the Ninth Day of Christmas my true love gave to me nine ways to save on court fees".

Now I know it's not the ninth day yet but give me some poetic licence, especially as these tips are dynamite. The costs of actually issuing court proceedings can be excessive but I'll show you some clever tactics to employ that will help keep them to a minimum. But please note that no refunds are generally now obtainable on hearing fees in cases which settle and that the time for payment of a hearing fee has changed.


Friday, 28 December 2018

Take it and don't leave it? Chapter 12 - In Full And Final Settlement

Some cheap skate sends you a cheque for an amount less than you were expecting and adds the dread words 'in full and final settlement'. What should you do with it? Can you still go for it all? My polite suggestions can be read below:

Thursday, 27 December 2018

The Sooner the Better: Chapter 11 - Getting Your Opponent's Documents

In which I explain what is meant by disclosure, hand you a letter to use to get hold of the documents and stress that the sooner you start the better.

Wednesday, 26 December 2018

On Your Marks! Chapter 10 - Time limits for starting court proceedings

The clock is ticking but when did it start and can it be reset? Limitations and time limits for starting civil court proceedings explained and what you can do to make sure you're in time.