Consumer Law, Consumer problems.

We have produced a few guides to help you but would recommend that you speak to a solicitor as all situations are different.

Consumer Law Solicitors

Consumer law protects individuals who purchase goods, services or digital content from businesses. It provides remedies when products are faulty, services are performed poorly, contractual terms are unfair, or a trader provides misleading information. Many consumer disputes can be resolved by making a formal complaint, negotiating with the trader, or using an ombudsperson or an alternative dispute resolution scheme. Where this is unsuccessful, a consumer law solicitor can advise on court proceedings.

Your Rights Under the Consumer Rights Act 2015

The Consumer Rights Act 2015 is one of the principal pieces of legislation protecting consumers in the UK. It applies to contracts between a trader and an individual acting mainly outside their business, trade or profession. The Act covers goods, services and digital content. It also controls unfair terms in consumer contracts.

Faulty Goods

Goods must be:

• Of satisfactory quality;
• Fit for their usual purpose and any particular purpose agreed with the trader;
• As described;
• Installed correctly where installation forms part of the contract; and
• Matched to any model or sample shown before purchase.

A consumer will normally have a short-term right to reject faulty goods within 30 days and receive a refund. After that period, the trader will usually have an opportunity to repair or replace the goods. Where a repair or replacement is unsuccessful, impossible or not completed within a reasonable time, the consumer may be entitled to a price reduction or a final right to reject the goods.

Problems with Services

Services must be carried out with reasonable care and skill. Information provided by the trader about the service may become binding where the consumer relied upon it when entering into the contract. Where no price or completion date has been agreed, the consumer may be entitled to expect the service to be provided for a reasonable price and within a reasonable time. Problems may involve:

• Builders and home-improvement contractors;
• Car repairs and servicing;
• Professional and financial services;
• Removal and storage companies;
• Travel and holiday services;
• Training courses and memberships;
• Wedding and event suppliers; and
• Telecommunications and subscription services.

A consumer may be entitled to require the trader to repeat the service or correct the work. Where this is impossible or is not completed properly, a price reduction may be available.

Builders and Home Improvements

Disputes with builders and tradespeople can concern poor workmanship, unfinished work, unexpected charges, delays, defective materials or a contractor leaving the project. Before further work is undertaken, we should obtain photographs, correspondence, quotations, invoices, and an independent report identifying the defects and likely cost of repairs. A solicitor can advise on whether the contract has been breached, whether the trader should be allowed to correct the work and whether the cost of employing another contractor can be recovered.

Digital Content

The Consumer Rights Act also provides rights when purchasing or receiving digital content, including:

• Computer software;
• Mobile applications;
• Games;
• Electronic books;
• Music and film downloads;
• Streaming services; and
• Other online subscriptions.

Digital content must be of satisfactory quality, fit for purpose and as described. Where it is faulty, the consumer may be entitled to a repair, a replacement, or a price reduction. Compensation may also be available where faulty digital content damages a device or other digital content, and the trader failed to exercise reasonable care and skill.

Online, Telephone and Doorstep Purchases

Additional rules apply to many contracts made online, by telephone, by mail order or away from thetrader'ss business premises. Consumers will commonly have a 14-day cancellation period, although there are exceptions. Different rules can apply to personalised goods, perishable items, accommodation, transport, leisure bookings and services that have already been fully performed with the consumer's agreement. The trader must provide prescribed information about the business, the goods or services, the price, delivery arrangements and cancellation rights.

Unfair Contract Terms

Terms in consumer contracts and notices must be fair and transparent. A term may be unfair where it creates a significant imbalance between the consumer and the trader to the consumer's detriment. Potentially unfair terms may attempt to:

• Exclude responsibility for faulty goods or poor service;
• Allow the trader to change the price without a valid reason;
• Impose excessive cancellation charges;
• Automatically renew a contract without adequate warning;
• Allow the trader to cancel without giving the consumer similar rights; or
• Prevent the consumer from pursuing a legitimate complaint or claim.

An unfair term will not normally be binding on the consumer. However, the remainder of the contract may continue to apply.

Credit Cards and Consumer Finance

Consumer disputes may involve credit cards, store cards, personal loans, hire purchase, car finance or other credit agreements. Under section 75 of the Consumer Credit Act 1974, a credit-card provider may share responsibility with the supplier where there has been a breach of contract or misrepresentation and the cash price of the goods or services is more than £100 but no more than £30,000. Chargeback may also be available for some debit or credit card transactions, although it is a card-scheme process rather than the statutory protection under section 75. Complaints concerning regulated financial businesses should usually be made to the business first. Eligible complaints may subsequently be referred to the Financial Ombudsman Service.

Misleading and Aggressive Trading

Consumer protection law prohibits unfair commercial practices. These can include:

• Giving false or misleading information;
• Leaving out important information;
• Creating false urgency or scarcity;
• Using aggressive or intimidating sales practices;
• Posting or commissioning misleading reviews;
• Disguising paid promotions; and
• Pressuring vulnerable consumers into making purchases.

Depending on the circumstances, a consumer may have rights to cancel the contract, obtain a discount or claim compensation.

Resolving a Consumer Dispute

Before starting court proceedings, consumers should normally write to the trader explaining:

• What was purchased;
• When and how much was paid;
• What has gone wrong;
• What evidence is available;
• What remedy is required; and
• When a response is expected.

Relevant evidence may include the contract, receipt, advertisement, photographs, expert reports, emails, messages and a record of telephone conversations. Depending on the type of dispute, it may also be possible to use an ombudsperson, a trade association complaint process, mediation, or another alternative dispute resolution scheme.

Consumer Court Claims

Where a dispute cannot be resolved, a claim may be brought through the courts. Lower-value claims may be allocated to the small claims track, although the appropriate procedure depends on the case's value and complexity. Court proceedings involve financial risk, and even a successful claimant may not recover every expense. Legal advice is particularly important where the claim is valuable, technically complex, defended or approaching a limitation deadline.

Citizens Advice and Trading Standards

The Citizens Advice consumer service provides free initial advice about consumer problems in England and Wales. It can also pass appropriate information to Trading Standards. The current contact numbers are:

• Citizens Advice consumer helpline: 0808 223 1133;
• Welsh-language consumer helpline: 0808 223 1144; and
• Relay UK: 18001 0808 223 1133.

Further information is available from Citizens Advice consumer guidance. Trading Standards does not normally pursue an individual consumer's civil claim for compensation, but information about rogue traders or unlawful practices may assist its enforcement work.

Finding a Consumer Law Solicitor

A consumer law solicitor can assess the terms of the agreement, identify the relevant legal rights and advise on negotiation, alternative dispute resolution or court proceedings. When contacting a solicitor, provide copies of the contract, invoices, correspondence and any expert evidence. You should also explain what outcome you are seeking and whether the trader has been allowed to resolve the problem. To find a Consumer Law Solicitor, use the search facility at the top of this page. We recommend contacting several firms to compare their relevant experience, proposed approach and fees.