Consumer champion says “Know your EU rights”

Consumer champion says “Know your EU rights”

As a nation the British aren’t very good at complaining. Fewer than 45% of us know and use our legal rights.[1]

Although there is an increase in using social media to complain and whilst this may be considered complaining, it often doesn’t gain the legal redress that letters or emails can elicit. The main reasons cited by people for not complaining are that it takes too much time and effort and that they are unsure of their legal rights.

The Consumer Rights Act, introduced on the 1st October, consolidated a number of Acts and introduced cover for digital goods, but with so few people currently knowing and using their legal rights the numbers complaining might decrease still further.

Helen Dewdney, The Complaining Cow, consumer rights blogger and author of How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results! touched upon this on Rip Off Britain Live on 22 October.[2]  Dewdney says that whenever she has used EU law when complaining it has made it easier to gain redress.

Recently a friend of hers booked a hotel in Germany through an online travel agent based in the Netherlands. He was told that the booking did not complete and to book with the hotel directly. When he did this he incurred a 7% admin fee on the credit card payment where there had been none before. Dewdney says “The Directive on Consumer Rights (2011/83/EC) states the need for a trader to ensure that the customer understands what is included in the contract and with no hidden costs. This is clearly not the case here. The email from the website stated that he needed to provide the credit card details and that the hotel would process the payment. The email clearly led him to believe that his contract was still with the website acting as a travel agent but the hotel would only be processing it. The “invoice” which he received after payment showed the credit card charge of 7%. Had the booking gone through normally there would have been no charge.[3] Dewdney succeeded in getting a refund of the full fee. (Full story here).

With more and more of us shopping online it is becoming increasing necessary to not only know our legal consumer rights for this country but in the EU too. If you need help with fighting a case across borders within the EU, the UK European Consumer Centre can advise.

How well do you know your rights? Here’s a list of some you may need to know : [5]

1) The Directive on Consumer Rights (2011/83/EC) [4] 
Understanding what goods and services are being provided and ensuring there are no hidden costs

Burden of proof of contract lies with trader

Right to change your mind when buying at a distance or off premises with a 14 days cooling off period

Deliveries without undue delay within 30 days unless other time frame agreed by both parties

Pre-ticked boxes for additional payments are not allowed

2) EU Directive 1999/44/EC
Minimum 2 year limitation period within which you can bring a legal claim against the retailer from whom you purchased the goods. (In UK it is maximum of 6 years under the Consumer Rights Act 2015)

3) Unfair Consumer Contracts Regulations EU Directive 93/13/EEC
Where you and the trader haven’t negotiated terms a contract term can be deemed as unfair if it creates “significant imbalance” in the trader and consumer’s positions.

4) Denied Boarding Regulations EU EC261
Compensation if your flight is delayed (amounts vary for length and distance departing from any EU airport regardless of airline. More details here.

5) The ADR Directive 2013/11/EU
Consumers can use Alternative Dispute Resolution (ADR) entities for all kinds of contractual disputes that they have with traders. This applies no matter what they purchased (excluding disputes about health and higher education) and whether they purchased it online or offline, domestically or across borders. In the UK retailers need only “signpost” to an ADR scheme, as it is not mandatory for retailers to belong to a scheme.[6]  More here.

[1] Fewer than 45% of People in the UK use their Consumer Rights according to research published in October 2014 here.

[2] Rip Off Britain Live 22 October 2015.

[3] More on the story here

[4] This directive replaces, as of 13 June 2014, Directive 97/7/EC on the protection of consumers in respect of distance contracts and Directive 85/577/EEC to protect consumer in respect of contracts negotiated away from business premises. Directive 1999/44/EC, on certain aspects of the sale of consumer goods and associated guarantees as well as Directive 93/13/EEC on unfair terms in consumer contracts, remains in force.

[5] More details available from Helen Dewdney.

[6] More details about ADR in the UK here

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