I can still hear people talking over my noise cancelling headphones. Can I get a

I’ve bought noise cancelling headphones, but I can still hear people talking near me when I wear them. Can I get my money back?

B R., By email.

Dean Dunham replies: The first step is to read the description of the headphones to see precisely what is advertised in relation to noise cancelling. Then you need to ascertain if they live up to this promise and if you are using them correctly. In this respect, it may be worth asking the retailer to look at them and to demonstrate how they work.

If it transpires that the headphones are either faulty or that despite the description of the goods they are not in fact noise cancelling you will have rights under consumer laws.

If the headphones are faulty and you purchased them within the last 30 days, you will be able to invoke what is known as the ‘short-term right to reject’ under the Consumer Rights Act 2015. In these circumstances, you can demand a full refund.

If you are past 30 days, the remedy you are entitled to slightly changes, because although the retailer will still have a legal obligation to provide a remedy, it can choose to either repair or replace the headphones, rather than give you a cash refund.

If the headphones are faulty or are not in fact noise cancelling you will have rights under consumer laws

If it transpires that despite the description provided, the headphones are not actually noise cancelling, the position is slightly different. Here a brand-new law, known as the Digital Markets, Competition and Consumers Act 2024 (DMCC) will engage. Under the DMCC it will be considered a misleading commercial practice to have marketed the headphones as being noise cancelling when in fact they are not. Here, regardless of whether you are within or outside of 30 days, you will be entitled to your money back.

If the retailer fails or refuses to provide the applicable remedy, you can make a charge back claim if you paid with a debit or credit card within the last 120 days. This is when you ask your card provider to reverse a transaction by reclaiming the money from the retailer’s bank.

You can make a Section 75 claim if you are outside of this time period and the headphones cost at least £100 and you paid on your credit card. If you use charge back or your Section 75 rights, you will need to tell your bank or card provider that there has been a breach of contract as the trader has breached the Consumer Rights Act and/or the DMCC.

I went on holiday and now I’m losing my Jobseeker’s Allowance

I’ve just gone on holiday with my parents and the Department for Work and Pensions is cutting my Jobseeker’s Allowance and may fine me, because I didn’t tell them I was going. Can they do this?

M.N., Dover.

Regardless of whether you are in receipt of the old Jobseeker’s Allowance or the ‘new style’ Jobseeker’s Allowance (JSA), you have an obligation to inform the Department for Work and Pensions (DWP) if you go on holiday. This is because JSA is generally not paid while you are on holiday, even if it is in the UK, as those in receipt of the benefit are expected to actively seek work and attend appointments with their work coach, which you obviously cannot do if away.

However, there are some exceptions and temporary absences allowed. For example, you may be able to continue receiving JSA during a temporary absence abroad for specific reasons, such as receiving urgent medical treatment or if you are attending a relative’s funeral.

To notify the DWP of a forthcoming holiday or any other change in your circumstances, you simply call the JSA helpline on 0800 169 0310 or write to the Jobcentre Plus office that pays your JSA. If you fail to do this, the DWP can withdraw your JSA (entirely or partially) and fine you £50.

In severe cases, where the DWP believes you have acted fraudulently, it can take you to court and you could end up with a £5,000 fine. It is always best to be transparent and to notify the DWP.

There are also similar requirements for other benefits. So if you receive any, you should check what your obligations are with regards to notifying about certain circumstances/events, as it can be harder to have a benefit reinstated than to obtain it in the first place.