Find out more about legal disputes in our guides: How to deal with neighbour disputes
What are my consumer rights?
Your consumer rights are covered by the Consumer Rights Act 2015. Its purpose is to strengthen and clarify your rights as a shopper.
Before it was introduced, consumer rights and laws were spread across 10 different parliamentary Acts. Most were written in what the government described as legalistic language, and none of them accounted for rapidly changing technology.
The purpose of the Consumer Rights Act is to protect you after receiving shoddy services, goods, or digital content, giving you the right to seek redress.
What’s covered in a consumer dispute?
Whether it’s a used car or a digital download, anything you buy should be:
- Fit for purpose
- Of satisfactory quality
- As described
Deliveries are also covered by your consumer rights. So, if you paid for something that did not arrive, you are well within your rights to take further action.
It does not matter where you bought the goods or services. If a product does not meet one or more of these standards, then your rights may have been breached.
You have a set time to deal with the problem. The way the law applies to goods, services, and digital content differs slightly.
Consumer disputes over goods bought at home or in a shop
Once you take ownership of your goods, you have 30 days to get a full refund if they are faulty. If purchased in a store, you are entitled to an immediate refund.
If your goods cannot be repaired or replaced after 6 months, then you will likely qualify for a full refund.
Goods should last a fair amount of time. Depending on what you have bought, this could be up to 6 years. If they do not, you could get some of your money back.
Consumer disputes over digital content
Digital content such as games, apps, movies, and music is governed under the Consumer Contracts Regulations, giving you 14 days to raise the issue with the supplier.
But there is a catch.
When you buy digital content, you are granted the usual 14-day cooling-off period, but the moment you download it, you waive that right. This stops people seeking refunds immediately after purchase.
There is often a grey area between buying digital content and downloading it.
If you purchase a pre-paid download code but do not use it, you are still entitled to your 14-day cooling-off period.
In most cases, though, the act of buying it leads to a download. For example, purchasing an eBook that is automatically downloaded to your tablet or a video game that instantly installs on your computer.
When that happens, the provider’s terms of service will state that by buying the content, you are waiving your right to the cooling-off period.
At that point, you can get a repair or replacement if the digital content is faulty.
If the fault cannot be fixed, you can get a full or partial refund.
And if the digital content damaged another device, such as crashing your computer, the company may have to repair it or provide compensation.
Services paid for in a shop or ordered at home
Services cover everything from restaurants to building work. The Consumer Rights Act 2015 makes it clear that any service must be performed with reasonable care and skill, at a reasonable price, and delivered within a reasonable time.
You can cancel within 14 days of purchase to get a refund.
If a service fails the reasonable care and skill test, you can ask for the service to be repeated or fixed. If it cannot be, you can get a partial refund.
Who can help when my consumer rights have been affected?
Taking a consumer complaint to the courts should be the last resort. The law expects you to have tried resolving the issue before the dispute reaches court.
Contact the seller first
When you are involved in a consumer dispute, your first step is to contact the seller. Take that broken microwave back to the shop you bought it from, and make sure you have proof of purchase, or call the relevant helpline if the issue relates to poor service.
If this yields no results, or you did not buy it in-store, make a complaint in writing. Outline the issue, explain how it breaches your statutory rights, and set out how you would like it to be resolved. Send letters by recorded delivery for extra reassurance.
In most cases, the company will want to sort this out as quickly as possible with a replacement or refund. You may be asked to return the faulty product if it was ordered online or through a catalogue. If you have not had the product long, you may also be entitled to a refund on shipping costs.
Contact an ombudsman and Trading Standards
If the company or seller does not respond to your complaint, or you choose to reject their solution, it is worth checking whether you can report the issue to an ombudsman or Trading Standards.
An ombudsman is an independent, impartial adjudicator that oversees complaints in a specific sector, such as banking or law. Use the Ombudsman Association to see if there is one for your issue.
Trading Standards investigates complaints about unfair business practices or the sale of illegal goods and services.
How can I resolve a consumer dispute through court action?
If you are not getting anywhere, it may be time to consider taking the seller to court. This is a major step, so it is worth discussing your claim with a consumer disputes solicitor.
If you want to claim up to £10,000
Claims under £10,000 are considered small claims.
Before making your claim online, you should send another letter or email to the seller letting them know you intend to take the matter further.
This letter must include your name, address, the complaint, how much you believe is owed, and the outcome you expect, even if you have already sent a similar letter. Give them a deadline to respond, usually 14 days.
The government’s online claim form should only be used when requesting a specific amount of money. Other claims, typically for services, should be made by printing and posting the N1 form.
When making a small claim, you will also need to pay a fee, which ranges from £25 for claims up to £300, up to £410 for claims up to £10,000.
If you want to claim between £10,001 and £100,000
Claims that exceed the small claims threshold should be discussed with a solicitor.
Use Money Claim Online, administered by HM Courts & Tribunals Service. This can be completed either by you or your solicitor. You may also be entitled to claim interest on the money owed.
How do I make a consumer rights claim?
To make a consumer rights claim in the UK, follow these steps:
- Identify the issue: Clearly understand the problem with the product or service.
- Gather evidence: Collect any receipts, warranties, or photographs that support your claim.
- Contact the seller: Reach out to the retailer or service provider to explain the issue and your desired resolution.
- Make a formal complaint: If the response is unsatisfactory, submit a formal complaint in writing.
- Consider alternative dispute resolution: Use an ombudsman or mediation service if the issue remains unresolved.
- Take legal action: As a last resort, you may take the matter to court, particularly for claims under £10,000, which can usually be handled in the small claims court.
What are the 8 basic rights of the consumers in the UK?
The eight fundamental consumer rights in the UK are:
- Right to satisfaction of basic needs: Access to basic, essential goods and services.
- Right to safety: Protection from hazardous goods and services.
- Right to information: Access to accurate information for informed choices.
- Right to choose: Freedom to select from a range of products and services.
- Right to representation: Consumer interests represented in the making and execution of government policies.
- Right to redress: Compensation for misrepresentation, faulty goods, or unsatisfactory services.
- Right to consumer education: Knowledge and skills needed for informed consumer choices.
- Right to a healthy environment: The right to live and work in an environment that does not threaten present or future well-being.
What is alternative dispute resolution for consumer disputes?
Alternative Dispute Resolution (ADR) for consumer disputes is a process that allows consumers and traders to resolve disputes without going to court.
It includes methods such as mediation and arbitration. An independent third party helps both sides reach an agreement or makes a decision on the dispute.
ADR is typically quicker and less expensive than court proceedings.
What is the right to choose in consumer rights?
The right to choose refers to the consumer’s ability to select from a variety of products and services at competitive prices with an assurance of satisfactory quality.
This right ensures that consumers have a range of options and are not restricted by monopolies or cartels.
It empowers consumers to make decisions based on their needs and preferences, helping to support fair competition and a healthier marketplace.
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