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Subject:  Fight back against these five rip-off penalties

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15-10-2009 4:12 PM Alert 

From Love Money

 

Fight back against these five rip-off penalties

From parking fines to mobile phone contracts, if you've been penalised financially for something unfairly, here's how to fight back.

There are times when we have all done something wrong, and deserve a financial slap on the wrist. Perhaps you have missed a credit card payment, or done something really naughty like getting caught speeding.

However, just as there are times when it's right you should be penalised for your mistakes, there are times when it's dubious, unfair or even downright wrong. Particularly in the current climate, firms waste no time in screwing you over whenever they can. 

So when should you fight back and refuse to cough up?

 #1 - Getting out of a mobile phone contract

When taking out a new mobile phone deal, you have 14 days to change your mind, so if you take your new phone home and discover your signal isn't going to be sufficient, don't just tough it out - get it changed!

But even if you are well into your contract, and your circumstances change - say you move home or office and can no longer get a signal - don't despair. If you're prepared to take your network provider to court, you may still be able to get out of the contract, even if your provider initially says no.

Take the case of Tom Prescott, who had an 18 month contract with Orange, but couldn't get a signal at his home or at his office. Orange initially wouldn't let him out of the contract, but he took the firm to court in February this year and argued that, when he was sold the 18-month contract, he expected a reasonable level of service from Orange. He ended up being awarded £500.

Orange told the BBC programme Watchdog: "While we do not offer an option for customers to break their contract for moving house, in exceptional cases where a customer clearly has network coverage at a new home of residence and has been unable to make calls, we will look to resolve in their best interest."

So, if you end up in a similar situation, it really does pay to speak to your network. Don't let them pull a fast one!

There is also some brilliant information on the Consumer Direct website on your rights once you have bought the phone, so be sure to give it a read.

#2 - Rail fines

In no way am I condoning fare dodgers. But occasionally, commuters are forced to travel without a ticket thanks to broken ticket machines, and are then whacked with a fine just to top off their bad luck.

However, with all things to do with rail ticket fines, section 8 of the Penalty Fares Rules might just be your friend. According to the rules, a penalty fare cannot be charged if there were no facilities available for selling the appropriate ticket.

In fact, the regulations explicitly state how long you can queue for a ticket before it becomes unreasonable. Section 4.12 states: "We expect operators to provide enough ticket windows, ticket machines and staff at staffed stations to meet the queuing standards set out in the Ticketing and Settlement Agreement and their Passenger's Charter under normal circumstances. This standard is normally five minutes at peak times and three minutes at other times."

In other words, if you are prevented from buying a ticket because of a long queue, you should be able to avoid having to pay a fine. Take a picture of the queue on your phone if you can.

And if you are hit with a fine for another reason, this marvelous piece of legislation makes clear that rather than pay the fine, you should only be charged "a minimum payment that is equal to the full single fare which [you] would have had to pay for [your] journey if penalty fares had not applied".

Basically, the maximum you should ever have to pay is the cost of a single ticket for the journey.

If you take the train on a regular basis, I reckon you should definitely be very well acquainted with these rules and what they mean for you, whatever your ticketing mishap. Check out the rules on the Department for Transport's website.

#3 - Parking fines

There are times when you get whacked with a parking fine that you have to simply hold your hands up - you were in the wrong.

However, a fair proportion of the time, the fines issued are unfair - more than 60% of appeals against parking fines are upheld by adjudicators.

There are loads of sites which will complain on your behalf if you think you have been hit with an unfair ticket, including Noparkingtickets.co.uk and Appealnow.com. Unfortuantely, these services cost money.

However, one site which I like the look of - and which provides plenty of information absolutely free - is Penaltychargenotice. The site contains a load of information on your rights as motorists, and what to look out for in case of over-officious traffic wardens.

It exposes some pretty nasty double-standards on behalf of local councils, gives plenty of advice on when you should proceed with an appeal, and outlines specifically what the laws state about such traffic violations.

It makes for some pretty compelling reading, so if you are a driver, it is definitely a site to visit - it might just save you a few quid as well!

#4 - Sub-standard goods

Many companies trade off our ignorance of our own rights as consumers, leaving us out of pocket when we have been let down.

Well, don't stand for shoddy goods or services! Kick up a fuss!

The Sale of Goods Act is your friend on this one. If the goods or services you buy are not as described, are not fit for purpose or are not of satisfactory quality, then you are completely within your rights to return them and get your money back. This even includes items that are on sale, or items which you bought several months or even years ago, but which break down before they should. So, for example, you can argue that a mobile phone that stops working after five months or a laptop that malfunctions after two years were not fit for purpose, and therefore you are entitled to a full refund - not just a repair.

For a full rundown on your rights as a consumer, make sure you read Your Rights To Refunds, Repairs And Replacements! and Know your online shopping rights.

#5 - Dodgy retailers

In a recession, more and more firms are at risk of going bust. So, to ensure you don't suffer financially if a firm you buy from goes bankrupt, it's important to be aware of just how much protection you have under Section 75 of the Consumer Credit Act.

If you buy something that costs more than £100 on your credit card, then if anything goes wrong with that purchase - if the goods fail to show up, or the goods show up and are not up to scratch, or you've bought a plane ticket and the travel company goes bust - then your credit card provider is liable to provide you with your money back.

This is the case even if you've only paid for £1 of the purchase on your credit card, and paid for the remaining sum by some other method, such as cash. However, the price of the item must be over £100 before you are protected.

So if the firm you've dealt with have let you down, or even gone under, you shouldn't end up out of pocket as a result - get onto your credit cart provider, sharpish! Often, providers will try to pretend ignorance of the Act, but don't let them get away with it. Put everything in writing and complain to the chief executive if necessary!

Have you ever been ripped off? Share your experiences using the comments box below or ask for advice on what to do using the Q&A tool.

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Forums > Taming The Rhino - Improve your Finances > Money Saving Ideas > Fight back against these five rip-off penalties



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