Affordable Law for You are approached frequently in respect of disputes concerning Consumer Law. Disputes in respect of the sale of goods are dealt with under the Sale of Goods Act 1979 and the The Consumer Protection Act 1987. The advantage of the Consumer Protection Act 1987 is that strict liability is created. Other areas where you may also be entitled to claim compensation if a dispute arises are if you have entered into a Consumer Credit Agreement, a Purchase of Sale or have entered inadvertently into an Unfair Contract.
The Act does not apply to the sale of services
The Sale of Goods Act applies to all buyers but consumers can access further remedies. Consumers are defined as people who are buying for purposes not related to their trade, business or profession.
Under the Sale of Goods Act 1979 traders must sell goods that are as described and are of a satisfactory quality. If consumers discover that products are not as described or do not meet these requirements they can reject them and ask for their money back providing they do so quickly, alternatively, they can request a repair or replacement or claim compensation.
The rights given by the Sale of Goods Act are against the supplier. Buyers can not usually claim directly against the manufacturer, however the buyer may have additional rights against the manufacturer if the manufacturer provided a guarantee. A buyer may also be able to claim against a credit card company.
Buyers are entitled to goods of satisfactory quality, taking into account the description, price and all other circumstances. Thus, any latent or inherent fault can lead to rejection of the goods.
No grounds for a claim
Buyers cannot expect a remedy in respect of:
- Fair wear and tear
- Misuse or accidental damage
- No longer requiring the goods
Similarly buyers cannot expect a remedy in respect of faults which they knew about at the time of purchase, or should have been apparent on reasonable inspection.
Measures to satisfy your consumer rights, if applicable
- A full refund when the goods are returned within a reasonable time
- Compensation or damages when not returned within a short time, but within 6 years
- Repair or replacement
- A partial refund when some enjoyment or benefit has been obtained
The remedies of repair, replacement or a full refund are also available
- Where the installation by the retailer was not satisfactory
- Where installation instructions were not complied with
- Where goods do not match public statements made about them
- Where a specially commissioned product has serious shortcomings
Affordable Law For You can help in many ways
with a claim where you have been sold goods or services of an unsatisfactory quality or are defending a claim that you have sold goods of an unsatisfactory quality. We can assist you by:
- By preparing your letter before claim in the format required by the court
- By preparing and issuing proceedings on your behalf
- By preparing and lodging a Defence at the Courts on your behalf
- By preparing applications e.g. an application for pre disclosure of documents
- By checking documents that you have prepared to ensure that they are in the correct format
- By completing the Allocation Questionnaire on your behalf
- By preparing Directions (a timetable) which will provide a timescale of how your case is to be conducted, this is normally lodged with the court when you return the Allocation Questionnaire
- By dealing with any case management telephone conferences (these are hearings which are conducted on the telephone with the judge and the defendant's solicitors) where the judge will confirm which track the matter will be allocated to and will provide a time table by which the case will be conducted i.e. the dates that List of Documents, Statements and updated Schedule of Special Damages etc have to be exchanged with the other side and filed at court
- By preparing Lists of Documents which will be required by the court
- By preparing a statement in support of your claim
- By updating your Schedule of Claim
- If you have been offered a settlement amount we can assist you by researching and providing caselaw in respect of the actual value of your claim
- If the matter does not settle we can assist by helping you to prepare the listing documentation
- We can assist by preparing and checking bundles prior to the trial date
The Consumer Rights Act 2015
Affordable Law for You are approached frequently in respect of disputes concerning Consumer Law.
Disputes in respect of the sale of goods are dealt with under The Consumer Rights Act 2015.
The Consumer Rights Act came into force on 1 October 2015 which meant from that date new consumer rights became law covering:
- What should happen when goods are faulty
- What should happen when digital content is faulty
- ow services should match up with what has been agreed between parties, and what should happen when they don't, or when they are not provided with reasonable care and skill
- When there are unfair terms in a contract
Under the Act two new areas of law were also introduced.
- Rights on digital content. The Act now gives consumers the right to repair or replace faulty digital content, i.e. online films, music downloads and e-books etc
- There are also now clear rules for what should happen if a service is not provided with reasonable care and skill or as agreed
You and Alternative Dispute Resolution
Alternative Dispute Resolution is now available to all businesses to help when a dispute with a consumer cannot be settled directly. A business which is involved in a dispute will now need to make you as the consumer aware of a relevant certified Alternative Dispute Resolution provider. The business should also let you know whether or not they are prepared to use the Alternative Dispute Resolution provider to deal with your dispute. However, a business does not have to use Alternative Dispute Resolution unless it operates in a sector where existing legislation makes it mandatory (for example, financial services).
Sale of Goods Act 1979 and The Consumer Protection Act 1987. The advantage of the Consumer Protection Act 1987 is that strict liability is created. Other areas where you may also be entitled to claim compensation if a dispute arises are if you have entered into a Consumer Credit Agreement, a Purchase of Sale or have entered inadvertently into an Unfair Contract.