Consumer rights disputes

The Consumer Rights Act 2015 came into force in the UK from 1st October 2015 and updated and consolidated various consumer legislation. It offers protection to consumers in relation to the purchase of goods.

Most consumers are interested in their legal rights relating to the sale of goods, the provision of services, and the setting aside of unfair terms.

The Act requires that all goods sold must match the description provided, be fit for any purpose specified by the consumer and be of satisfactory quality.

Services are to be carried out with reasonable care and skill and completed within a reasonable time. Any contractual term imposed upon the consumer must be fair or it may be set aside by the courts.

In terms of the Act, a consumer can have a right of a full refund, replacement or discount depending on the circumstances of the product or service mis-sold.

The first step is to obtain legal advice, from a consumer rights solicitor, as swiftly as possible. The business will need to be notified as to the consumer’s complaint about the product or service mis-sold as swiftly as possible. This is important as the remedies available to a consumer change depending on the passage of time.

Fortunately businesses are usually keen to resolve matters in a reasonable time in order to preserve their reputation in the market and our team will always attempt to resolve matters without resorting to court proceedings.

Unfortunately, litigation can be necessary on occasion and our team can advise you as to the most appropriate court to raise proceedings and the process that needs to be followed.

If the consumer is successful in their court action the court can order that the business pay the consumer a sum of money or replace a defective product or properly carry out a service that had been contracted for.

The legislation also safeguards against unjust terms within contracts, such as concealed charges found in the fine print.

The Act emphasises the importance of reasonable care and skill, adherence to contract obligations, ensuring satisfactory quality of services, defining fixed fees, providing diverse payment options, and ensuring overall reasonable costs for all parties involved.