Consumer Law
Providing a consumer with legal rights when they buy a product or service
There are various areas within Consumer Law which your claim may come under.
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 following statutes - Consumer Rights Act 2015, 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.
For more information please check below:
1. The Sale of Goods Act
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.
2. No Remedy
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.
3. Remedies Available
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
4. Other Remedies
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
5. How We Can Help
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
6. The Consumer Rights Act 2015
Assured and Residential Lettings
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
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
7. Joint Tenancy & Succession
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.
8. Mortgage Repossession Cases
Rights of Tenants in Mortgage Repossession Cases
If you are a tenant of a landlord who has had their property re-possessed you may not be aware of this fact until you are served with notice from a mortgage company seeking possession of the property.
Under the Mortgage Repossessions (Protection of Tenants etc) Act 2010, you can apply to the court for an order allowing you further time (up to two months) to vacate the property and arrange alternative accommodation.
9. How We Can Assist You
Affordable Law for You can assist you by:
If necessary undertaking a search at the Land Registry to establish who owns the property in dispute
Preparing a Letter before Action
Preparing a Claim Form, Statement of Claim and Schedule of Special Damages (and if personal injury is involved assisting you with obtaining a medical report)
Preparing a Defence and Counterclaim
Preparing a Section 8 Notice
Preparing a Section 21 Notice
Preparing an Affidavit of Service of the Statement of Claim, Section 8 Notice or Section 21 Notice
Preparing a Schedule of Defects
Preparing a Schedule of Rent Arrears
By completing the Allocation Questionnaire which will be sent to you by the court
By preparing proposed directions (a timetable) of how your claim will be conducted during court proceedings
By preparing statements in support of your claim
By preparing updated counterclaims
Assisting you to obtain medical evidence
Researching the appropriate value of your claim so that you can put forward a Part 36 Offer to settle your claim
Completing and lodging the Listing Questionnaire
By preparing and checking trial bundles prior to the trial date