After many months of being harassed by a yob in my neighbourhood, he's
finally being taken to court, and I of course am being called as a
witness.

He's a really nasty piece of work, and so are other members of his
family, so I was hoping (and expecting) that I'd be able to have a
friend in the courtroom with me - not right beside me, just there in
the room for moral support,  to hear what was said, and if I got a
nasty grilling from the defence, to help me get over it by chatting
with me about it afterwards.

But I've been told that since it's a juvenile court, I can't have
*anyone* with me in the room - he can have a parent right beside him,
but I can't even have anyone anywhere in the room.

I'm pretty disgusted about this - he and his family have reduced me to
a nervous wreck over the months, yet I have to face at least two of
them, plus their defence counsel, all alone.

Yet another example of how in the British legal system, the victim of
crime comes last.

Make sure of many happy returns this Christmas

Beware - some shops will still try to deny you your right to take back 
gifts

    * Lisa Bachelor
    *
          o Lisa Bachelor
          o The Observer
          o Sunday November 11 2007

http://www.guardian.co.uk/money/2007/nov/11/cash.businessandmedia
http://tinyurl.com/yo6ztb

Christmas shoppers could find themselves denied their legal right to a 
refund if they need to return goods in the new year - because retailers 
are consistently breaking the law.

Malpractice on the high-street includes shops displaying signs saying 'no 
return on sale goods', which is illegal, and refusing to make refunds on 
faulty goods after the one-year shop guarantee has expired. Solicitor 
Geoffrey Woodroffe, co-author of the latest edition of Consumer Law and 
Practice, published by Sweet & Maxwell, says that it is increasingly 
important that shoppers are on their guard against retailers trying to 
break the law during the festive season.

'Shoppers put enormous trust in high street brands and find it hard to 
believe that so many major retailers either get the law wrong or 
deliberately try to mislead consumers about their rights - but they do,' 
he says.

If you buy something and then change your mind about it, a retailer has 
no obligation to refund you or to exchange the goods (although many will 
do so). However, if the goods were misdescribed or are faulty, you are 
well protected by law - but not all shops recognise this.

Malpractice on the high street: what you might be told

'The store can't offer a repair or refund because our one-year guarantee 
has expired'

'Under the Sale of Goods Act, goods have to be "reasonably durable",' 
says Woodroffe. 'The general view that retailers hold - that once their 
[own] one-year guarantee expires they are off the hook - is rubbish. If 
goods are faulty, consumers can potentially seek compensation for up to 
six years from the date they were purchased.'

Typically, this excuse is used for large electrical items like washing 
machines, says Woodroffe. If the machine has had reasonable use over the 
year and then breaks, you can ignore the limitations of the shop 
warranty; this is what is meant by the little-understood term in 
retailers' guarantees: 'this does not affect your statutory rights'. 
Retailers will also sometimes say the manufacturer is liable. This is 
also untrue.

'We can't refund or exchange that because you've lost the receipt'

You don't need to rifle through discarded carrier bags for the receipt, 
because retailers who tell you that you must have one to get a refund are 
wrong. In fact, all you need is proof that you purchased it at that shop, 
and this could come in the form, say, of a credit card statement. 'Even a 
testimony by a person who was with you when you bought the item will 
suffice,' says Woodroffe.

'We don't refund or exchange goods bought in the sale'

Shops that tell you this, or display signs saying 'no return on sale 
goods', are breaking the law - and if the owners were ever prosecuted 
they could go to jail for two years (though this has never happened). The 
practice has been outlawed since 1978 but is sometimes still seen even in 
large, reputable stores.

If goods are defective, whether bought in a sale or not, your rights to a 
refund or exchange are the same. The only caveats are that you can't 
complain about defects if they were drawn to your attention at the time, 
or if they were so obvious that you should have noticed them.

'We will give you your money back but we won't repair it'

The Sale of Goods Act changed in 2003, so consumers now have the right to 
demand that a shop that supplied them with faulty goods replaces or 
repairs them and foots the bill. 'Before, consumers could only ask for 
their money back, now the seller must repair or replace the goods in a 
reasonable time if asked,' says Woodroffe.

'You can return goods you bought from our website but we will charge you 
a fee'

Some internet mail order companies charge a 'restocking fee' for the 
return of non-faulty goods, but this is illegal. Consumers are entitled 
to return goods bought online up to 30 days after purchase under extended 
consumer rights covered by the Consumer Protection (Distance Selling) 
Regulations 2000.

In many cases, high street retailers will also agree to exchange goods 
when consumers change their minds, but they are not allowed to charge for 
doing so if the goods were purchased online or via mail order.

How to complain

Retailers will not always take kindly to being told they are in breach of 
the law, so you should point this out to a salesperson in a polite way - 
and then, if necessary, to the manager - before taking any further 
action. If this doesn't get results, you could take advice from your 
local Citizens Advice bureau or contact the Office of Fair Trading's 
helpline, Consumer Direct, on 0845 404 0506. You should also find out if 
the supplier is a member of a trade body and complain to them if 
necessary.

The only other course open to you is the small claims court, but this 
should be a last resort, as the costs have to be weighed up against the 
value of the claim. 'Someone I knew once sued a major department store 
for £3.40 after a pair of socks he had bought wore out in a matter of 
days,' says solicitor Geoffrey Woodroffe. 'He won the case, but of course 
most people are not going to bother when the amount is so small.'

Find out more at www.moneyclaim.gov.uk