The Consumer Rights Act 2015 (“CRA”) is the key legislation for consumer protection. The Consumer Rights Act came into force on 1 October 2015 and aimed to consolidate consumer protection legislation, making it clearer and easier to understand.
However, knowing your rights when things go wrong is not always easy. This article summarises the various remedies available under the Consumer Rights Act.
Common types of issues
There are several reasons why consumers may wish to seek a remedy under consumer protection legislation, including (but not limited to):
- Faulty goods; or
- Faulty services
Below, we consider some of the available remedies for the breaches above.
Remedies for faulty goods
As a consumer, the goods you purchase must be of satisfactory quality, fit for their particular purpose, as described and match any model or sample seen or examined.
If any of the above are not the case, consumers are entitled to the following remedies under the Consumer Rights Act:
- Reject the goods – you must do this within 30 days of the goods being supplied.
- Repair or replacement of the goods – this needs to be within a reasonable time and without significant inconvenience to the consumer.
- Refund or price reduction – you can keep the goods and ask for a price reduction or reject the goods and get a refund (subject to any deductions for the use of the goods if this right is exercised more than 6 months after receiving the goods) if options 1) and 2) are not successful, not possible or not done within a reasonable time.
You can also seek to recover the costs incurred due to the breach. You can do this if the trader fails to comply with pre-contract information other than information describing the main characteristics of the goods.
Remedies for faulty services
The services provided by traders to consumers must be performed with reasonable care and skill and within a reasonable time. The trader must comply with pre-contract information provided to the consumer.
If this is not the case, consumers are entitled to the following remedies under the Consumer Rights Act:
- Repeat performance of services- the trader can be asked to repeat the service within a reasonable time and without significant inconvenience to the consumer.
- Price reduction - this can be sought where option 1) is not possible, or was not performed within a reasonable time or without significant inconvenience to the consumer; or the services were not performed within a reasonable time or did not conform with information provided relating to the trader.
Comment
The available remedies are not limited to the above and depend on the specific needs/case in hand. It is important to act quickly as delay could prejudice your position and the available remedies. If you encounter issues with faulty goods or poor service as a consumer, you should seek early advice.
