Tony's tips

Tony's tips

Land's End is a US mail order clothing company which sells in the UK. And while it's not high fashion, it is a consumer dream. Every garment comes with a swing tag that says: "Guaranteed. Period. Return anything, anytime, for any reason." Which means if I wear and wash a shirt 1,000 times and think it has lost its vibrant colour, I can send it back for a return. Or if, in years to come, I find it unopened and unloved in the back of a drawer, back it goes.

This concept is far from unique in the US. But this sort of service produces incredulity in the UK, where the classic answer of the shoe-shop worker to a problem is, "Well, what do you expect, you've worn them." And that's better than the 16-year-old Saturday assistant at a clothing store who told me I did not know how to put my jacket on (I was complaining about stitching on the sleeve).

Rule number one when rebuffed is not to take "no" for an answer. Whether you have poor-quality clothing or electronic goods that fail or any other consumer difficulty, insist you want the item sent back for testing to see if the fault is "fair" wear-and-tear (which you can't complain about) or faulty manufacture. The store has a legal obligation to help you because it has entered a contract with you at the time of purchase.

If you are refused help (and many will as a matter of course), stand your ground. Ask for the address of the head office (don't be fobbed off with a phone number) and for a copy of the firm's.....continued below

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complaints or customer care code, if that exists. Take the name of the assistant who is being difficult - surname as well, if you can.

Then return the damaged goods. With your parcel, enclose a letter pointing out why you are returning the item, demanding a repair or replacement (or, if the goods are still very new, a return of your money) and insisting on a refund of your postage and packing, too. Set out the facts clearly and succinctly, using short paragraphs and bullet points - and always keep a record of everything, including when you went back to the store and who you spoke to. Never send original paperwork.

Even if it's 50-50 on whether the fault is fair wear or not, it's useful to point out poor service or rudeness from staff. Junior employees are paid to help, not to interpret consumer law. But don't be abusive - this is counter-productive. And at this stage, don't threaten. However, if the first approach simply fobs you off with a standard letter, then consider legal action in the small claims court.

Consumer Direct has a "letter before action" template on its website (consumerdirect.gov.uk). This tells traders you have given them time to consider your complaint and that now, if they fail to offer redress, you will take legal action after 14 days with no further notice - and that your costs will be added on.

Remember that your contract is with the retailer, not the manufacturer. So even if the shop - and this happens a lot in electrical goods - tells you to go back to the maker, you still sue the store. Any court action will generally be under the Sale of Goods Act 1979, which states that if goods are not as described, or are not of a satisfactory quality, or are not fit for the purpose made known at the time of sale by you or the seller, you may be entitled to a legal remedy.