A Guide to the Consumer Rights Act 2015

Consumer Rights Act 2015 legal crest

 

 

 

The Consumer Rights Act 2015

This Act came into force from 1st October 2015, when the following Acts were  repealed/amended:

Supply of Goods (Implied Terms) Act 1973 will cover business to business contracts and consumer to consumer contracts only.
Sale of Goods Act 1979/ Sale and Supply of Goods Act 1994 will still apply to business to business contracts and to consumer to consumer contracts.
Supply of Goods and Services Act 1982 will cover business to business contracts and consumer to consumer contracts only.
Sale and Supply of Goods to Consumers Regulations 2002 will be replaced
Unfair Contract Terms Act 1977 will cover business to business and consumer to consumer contracts only.
Unfair Terms in Consumer Contracts Regulations 1999 will be replaced.

For goods and services purchased before October 1st 2015 see this post.

For more details on how the Consumer Rights Act 2015 covers digital goods, see this post. For more on using this law see this Top 20 Tips for complaining effectively.

The sale and supply of goods

The person transferring or selling the goods must have the right to do so and the goods must be of a satisfactory quality. Goods must be of a standard that a reasonable person would regard as satisfactory. Quality is a general term, which covers a number of matters including:

  • fitness for all the purposes for which goods of that kind are usually supplied -- appearance and finish
  • freedom from minor defects
  • safety
  • durability

In assessing quality, all relevant circumstances must be considered by the retailer, including price, description, and their own or the manufacturer’s advertising. Goods must:

  • be fit for a particular purpose. When you indicate that goods are required for a particular purpose, or where it is obvious that goods are intended for a particular purpose and a trader supplies them to meet that requirement, the goods should be fit for that specified purpose.
  • match the description, sample or model. When you rely on a description, sample or display model the goods supplied must conform
  • be installed correctly, where installation has been agreed as part of the contract.

The consumer can reject the goods within 30 days unless the expected life of the goods is shorter e.g. highly perishable goods. You can also choose repair or replacement in this time and up to 6 months after purchase as it is assumed that the fault was there at the time of delivery unless the trader can prove otherwise or unless this assumption is inconsistent with the circumstances (for example, obvious signs of misuse). If accepting repair you still retain your legal rights.

If more than six months have passed, you have to prove the defect was there at the time of delivery. You must also prove the defect was there at the time of delivery if you exercise the short-term right to reject goods. Some defects do not become apparent until some time after delivery, and in these cases it is enough to prove that there was an underlying or hidden defect at that time.

All these rules also apply for distance selling and digital goods.

The Act defines ‘digital content’ as meaning ‘data which are produced and supplied in digital form’. Therefore a huge array of digital-format products fall within this definition such as:

  • computer games
  • virtual items purchased within computer games
  • television programmes
  • films
  • books
  • computer software
  • mobile phone apps
  • systems software for operating goods -- for example, domestic appliances, toys, motor vehicles, etc. In many cases digital content is supplied in a format that can be physically touched such as a Blu-ray disc containing a film. Increasingly, however, digital content does not have a tangible form -- for example, a film downloaded to a computer or a virtual car purchased when playing a computer game.

Digital content

Rights are slightly more complicated see What you need to know about the Consumer Rights Act 2015 digital content for more details.

The contract for the supply of services

A contract is an agreement consisting of an offer and acceptance. When a consumer buys services from a trader, both parties enter into a contract which is legally binding. In order for a term to be binding it must clearly be part of the contract and be legal. Terms given to a consumer after the contract is made are not part of the contract and they have no effect. A contract can be verbal but it is advisable to detail important terms in writing so there can be no dispute later on.

All services should be carried out:

  • with reasonable care and skill.
  • information given verbally  or in writing to the consumer is binding where the consumer relies on it.
  • the service must be done for a reasonable price (if no fixed price was set in advance)
  • the service must be carried out within a reasonable time (if no specific time was agreed)

You have up to 6 years in which you can bring a claim against a trader.

Unfair contracts

The law creates a ‘fairness test’ to stop consumers being put at unfair disadvantage. A term is unfair if it tilts the rights and responsibilities between the consumer and the trader too much in favour of the trader. The test is applied by looking at what words are used and how they could be interpreted. It takes into consideration what is being sold, what the other terms of the contract say and all the circumstances at the time the term was agreed. There is an exemption for the essential obligations of contracts – setting the price and describing the main subject matter – provided the wording used is clear and prominent. There is also an exemption for wording that has to be used by law. If you have been misled into making a decision that you would otherwise not have made then the company is in breach of this law.

The Consumer Rights Act contains equivalent rights and protections to the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999. This means that, though there may be some technical differences in the way these aspects are implemented, from a consumer’s point of view there would be no difference – under the Consumer Rights Act the consumer may argue that a term is unfair in the same way as they would have under the aforementioned Acts.

When you use this Act please also follow 20 Top Tips for Complaining and why you should write not phone.

 

Cover of How to Complain updated 2019 large cow logo

 

To ensure that you know your rights and how to use them take a look at How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results, as one reviewer says you’ll get more than your money back the first time you use it!

 

 

101 Habits if an Effective complainer book cover with logo

 

101 Habits of an Effective complainer designed to improve the way you look at and make complaints. Each page gives you a complaining habit to consider and an example of how and why it empowers you to become more effective in getting the results you want.

 

 

 

Helen Dewdney talks to Rebecca Pike on Radio 2 Drive time about CRA

Moneybox Live Paul Lewis/Helen Dewdney

Top 20 Tips for Complaining Effectively

 

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Author: Helen Dewdney, The Complaining Cow

Consultant | Author | Speaker | Blogger | Presenter | Journalist Helping to make, prevent and deal with complaints

122 thoughts on “A Guide to the Consumer Rights Act 2015”

  1. I bought an item from a seller through Amazon but the wrong goods were sent. I contacted the seller and they admitted they had made an error and I should send the goods back for a refund. Halfway through explaining that I am disabled and housebound and have no-one to go to the Post Office for me they got nasty and hung up on me. Amazon have advised I must send the goods back but no-one is really listening to my problem. I can’t afford to lose the money I paid for the goods and I can’t afford the Taxi fare of £15 to go to the Post Office, so what do I do now.? The regulations don’t seem to cover my particular situaation. The company has since sent me a prepaid label to print off but what use is that? I have looked at the company’s website and they say return through the Post Office is the only one they will accept so if I arranged for a courier service I would have to pay, Either way I am out of pocket due to the seller’s carelessness.

    1. You should not be out of pocket. The laws states this. However, it may be in their terms and conditions that the only way to return is through PO. Ultimately would be for a court to decide whether this was a fair contract term and whether it thought it was reasonable to expect to pay further delivery costs. However, Equality Act may also come into play if they are discriminating against you because of a disability. Write, do not phone so you have evidence. Follow the Tips in the link above, explain the situation and say legally you should not be out of pocket. You’re welcome.

  2. I booked a holiday with Teletext holidays and was told that the price shown on their website was for a classic room of which the hotel had none available, I was offered an upgrade to a superior room for a further £219 per person , which I agreed to do.
    The confirmation came through stating a classic room , I then checked with the hotel and that is what they booked, despite charging us for an upgraded room. Teletext are refusing to acknowledge that this is the case, despite still advertising the same holiday, at a price lower that I paid.
    I feel this is quite clearly misrepresentation as I have not been given what I paid for. Would this be covered under the consumer rights act 2015, or does it constitute a “significant change” under the Package travel, holidays & tours Regulations 1992?
    The airline (BA) also have no recored of us as passengers despite the departure date being only 5 days away….

  3. Hi

    After my tenancy ended my letting agent hired a cleaning company (we are in a dispute about the charges). The unusual part is the letting agent supplied the cleaning company with my name, so the invoice is in my name not the letting agent’s. Does this fall under this act? I am essentially receiving a service in my name that I never authorized or agreed to, I cannot see anything in my lease that gave them the power to do this.

    Cheers

    1. Firstly, the deposit should have been protected, if not you can legally argue for the return of three times the value of the deposit.
      If it is protected, and it can’t be resolved with the agents then you need to register the Dispute with the protection scheme. The case will be adjudicated based on evidence.

      Things to look at. Was the property cleaned professionally at the beginning of the tenancy and if so was there a clause in the tenancy agreement that the property is professionally cleaned at the end? If yes, you should have a say over who does this, and of course the cost. If the letting agents have arranged the cleaning, on behalf of you then they should have informed you and given you the opportunity to contract your own, and then of course the contract is between you and the cleaning firm. What were the requirements in the tenancy agreement re cleaning? Was there an inventory done at the beginning detailing cleanliness? Was there one done at the end? Have the two been compared? Did the agents inform you and give them you a chance to contract your own? Is the deposit protected? If so, this cleaning charge can be disputed via the protection scheme.

      These are things you should consider. Also see https://www.tenancydepositscheme.com/resources/files/Tenancy%20Deposit%20Dispute%20Case%20Studies%20-%20Cleaning.pdf which gives lots and lots of advice on what you can do. The ARLA website and TDS website have good info on there re disputes.

  4. I bought a second hand sofa from a retailer claiming it was manufactured from a high end retailer. It transpired the sofa was from a budget retailer and the retailer I purchased the sofa from, could not prove otherwise stating they bought it from an advert claiming to be from said high end retailer. Whilst the retailer has offered me a full refund, they state I must return the sofa at my expense which will be the region of £100. In the meantime, my family and I do not have a sofa to sit on as we have stored their sofa securely and need our monies to be refunded in order to purchase a replacement sofa. Do I have any rights please?

  5. Hello The Complaining cow,

    In 2016 I purchased a car on a PCP. I ve recently looked at changing my car, and it has come to light from a different dealer than where I purchased it from that I have been a sold a lower spec model than was advertised by the original main dealer, and as a result what my PCP is based on. As a result my car is worth much less. The difference in spec has been confirmed by the manufacturer. Looking at the V5 the dealer were the first people to register vehicle with DVLA and have done it to the higher incorrect spec.
    Also when I took out the PCP I was told I could change my mileage if I was going over, this later transpired it wasn’t the case. Looking further at the PCP the start mileage is in double figures, however the true figure was just over a thousand miles, the dealership has provided written evidence of this from their records from the service department, to show the mileage is completely wrong on the PCP, by over one thousand one hundred miles.

    As a result of this I have being paying more money for a less spec vehicle, paying more in insurance fees and GAP insurance. How do I stand with this mess ?? Any advice I would be grateful.

  6. We purchased a brand new sofa ,and 2 single chairs and all being electric recliners.The items were delivered on the 1 st of November this year.The delivery team found issues with the the items and took photos.Within an hour of the furniture being in the property I found numerous faults ,took photos and sent them on to the shop.We chased this issue up with the shop until the 15th November when we told the shop we wanted a full refund ,no repairs or replace.I have given the shop a written letter that on the 9th December .Legal proceedings will be taken out.Still ignored.
    Have we done the right thing.

  7. Hello!
    Does your book cover small claims court?
    My mobile stopped working. 2years 3 months on.
    Apple shop say that there is no damage or customer misuse visible. Given repair quote.
    Seller (3) and Ombudsman say I had to prove that it was faulty with the 6 months.
    If I haven’t misused the phone should I still expect it to work and get redress if it stops?
    It could be worth the £35 to find out…

    1. Excellent! I’ve been wanting someone to go to court over a phone. Personally, I would say that you should expect a phone to last longer than 2 years 3 months. It has yet to be tested in court though. It will rely on whether the judge believes this is a “reasonable length of time”. The amount it costs you to go to court will vary on the cost of repair. See The Small Claims Court process made simple I am confused by your mention of the Ombudsman though. The Ombudsman does not deal with handsets only contracts. You will need to clarify this. Please do email me with the result if you go to court and good luck. My guess is that they will settle out of court, they won’t want to set a precedent. Good luck and please do let me know how you get on.

      1. Hi Helen

        I am shortly about to issue a Court Claim to Mobile Phones Direct. Purchased an iPhone on 24 month contract, and handset started to develop an intermittent fault just after about 6 months of ownership, which finally failed after 14 months of ownership. MPD said not our problem, take it to Apple, who wanted £100 to repair the handset as it was ‘out of their warranty period’.

        As MPD were original retailer went back to them using argument of handset not of satisfactory quality (this would be an £800 phone new) or fit for purpose (sold with 24 month contract). They’ve done nothing but be obstructive, asking for diagnostic report (provided), proof not caused by me (provided), still keep moving the goal posts of what should be in ‘diagnostic report’.

        All I’ve asked for is for them to repair the handset (not a replacement or refund), yet they are doing everything they can to avoid doing so.

        Will let you know what happens next!

        1. So an update on above. After a LOT of wriggling by MPD, in which they started to contradict themselves (and with proof emphasized back to them), and with a letter before action issued, I finally got a replacement handset. I think they realized I was not going to go away and I WAS prepared to issue a court claim.

          Don’t let these companies fob you off, stand firm (but don’t rant!), and do be prepared to take things all the way should you have to.

  8. I have a damaged display unit that is awaiting collection. I received the replacement but delivery driver refused to take damaged one away. Since then I have had 3 further collection times for which I have taken time off work. Can I put the display unit outside and leave it up to them to collect when they like or can I just dispose of it. I no longer want it in my house.

    1. Make sure you deal in writing. You are entitled to out of pocket expenses if you had agreed times for them to pick up. Write to them giving dates and times they can pick up or arrange with you and give deadline for when they must get back to you or you will dispose of item. You’re welcome.

  9. I took out an 18 month broadband contract Jan 2019 with BT, they had an offer on that included one years subscription with Amazon prime, the main reason I entered into the contract with them rather than someone else, as I currently have Amazon prime membership. It took them until April 2019 to finally get me connected. Whilst waiting for connection I received an email in Jan 2019 confirming I was to get the Amazon prime and to wait for their email to tell me how claim it, but that it would be up to 28 days after connection.
    I never received the promised email and completely forgot about the Amazon offer and promised email due to serious health issues I was experiencing at the time (and still am). I have recently received an email telling me my contract is due to end so I logged into my account and rechecked my original emails to confirm the end dates (October2020), to my surprise I recovered the email about the Amazon prime offer, so rang to ask about this. They are now saying that because it was last year and I didn’t apply sooner I would no longer qualify for this, as I had a limited time to claim it. My argument is that they never sent me my “claim now” email, I am still within my contract term so therefore I should still be able to claim for this offer, and I didn’t realise there was a time limit on applying. What is my stance? Is this classed as misrepresentation or have I waited too long to claim?
    Many thanks

  10. Hi
    I booked a villa to stay in America and due to covid and closure of borders I am unable to go to America. The villa owner say’s there villa is open and I would not be able to get my money back. I would need to go through my insurance which will be 300 excess. Can you help me with some advice please.

  11. I asked a builder to estimate for some work, he told me it was exempt from Building Regulations and I accepted his estimate. I paid him 2 interim invoices and when the work was nearly finished found out he had given me wrong information and the work did need approval. The work does not meet the Regulations and had to be taken down because I couldn’t afford the extra cost of doing it properly. I had to pay another builder to take it down because the first one wouldn’t do it unless I paid him more money. He now denies telling me the work was exempt. What’s the point of having a law that says verbal information is binding if someone can just say he never said it?

    1. Clear breach of CRA. Write following Tips and threaten court. Up to you whether you then take him to court.

      1. Thanks, I’ve done that, he got a solicitor to say he hasn’t done anything wrong because the estimate didn’t say anything about building regulations so he’s done what I asked him to and a judge would throw it out.

          1. Dear Helen
            Thank you for your advice. Originally I claimed the builder misled me by telling me the work was exempt from Building Regs. The solicitor wrote the builder ‘informed me he didn’t think it needed it (coming under building regulations)’ and that the builder denied saying it was exempt. Last week they offered me a small amount of money which I was going to accept until I read the agreement, that said the builder denied advising me ‘at all’. The solicitor said the builder had approved the agreement. I queried that, asked did he advise me or not? The solicitor sent back a revised agreement that now says the builder said he ‘informed Ms. Middleton it “may not need building regulations”. I have said all along he told me definitely the job was exempt, he gave me detailed reasons and I asked him four times about different things. None of his replies written down, of course. Does changing what he said mean I have a better chance of getting a court to believe me? Help! best regards, Mary.

          2. I am not a judge it would be for a judge to decide who is telling the truth. Please follow the advice on the blog and in the book.

  12. Dear Helen , I brought an Insignia steam shower in March and I have Just manged to get build the shower for me even it is a DIY shower because of lockdown so I have lost out of my money back guarantee. When I went to use it for the first time last week it did not work the water would not get warm and the the control panel stopped working. so I didn’t have a shower in the end. About 12.30am my fire alarms went off and we smelt smoke in the en-suite were the shower is. My husband switched the the electricity of for the shower and the smoke alarms stopped. I called the builders in the morning and they said that the control panel burnt out and they disconnected the shower and to send the shower back and get my money back. I phoned insignia they did not answer so I e-mailed and they replied and they were very unhelpful. By Monday we started communication again and it was a bit better and still they won’t give me a refund but they want me to get an electrian in to test the shower and pay for this service as the shower was sold to me as a DIY . I am disabled I can not afford to keep paying people to fix faulty products. I got the shower professionally fitted because I spent a lot of money on the shower as it my help me, Can you give some advise on this do I have pay for the repairs for this shower.

    1. As stated in the article less than 6 months it is for the retailer to prove fault lies with you. Please read the article and links within for your rights how to quote them etc.

  13. I bought a bathroom vanity unit online in Februray 2020. After delays and delivery of two incorrect items, the correct item was delivered at the beginning of March 2020. They emailed to say that the incorrect items would be collected at the same time. This did not happen. Its been 4 months since then, so I emailed last week requesting they collect the items and giving them 14 days notice otherwise I would dispose of them. They replied saying that I would be charged if I dispose of them, and that the supplier cannot arrange collection due to convid-19. I contacted citizen advice, who said I could start charging for storage under consumer rights 2015, but cannot find a decent go-by letter or any other info specifically about this on the internet. Not sure what do now, apart from wait again.

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