THE CONSUMER RIGHTS ACT 2015 – WHAT YOU NEED TO KNOW – 26/01/2019
I thought I would write a blog about this piece of legislation as it appears that it is a common myth that you only have 30 days grace to act on it, whereas the 30-day rule applies to rejecting the purchase and does not affect your rights.
The Consumer Rights Act 2015 replaced three major pieces of consumer legislation, namely;
- Sale of Goods Act
- Unfair Terms in Consumer Contracts Regulations
- Supply of Goods and Services Act
The purpose for doing so was to simplify, consolidate and modernise consumer legislation and to give consumers clearer rights when purchasing goods and services.
All products should be;
- Satisfactory quality
- Fit for purpose
- As described
- Last a reasonable length of time
If you discover any faults within 6 months of ownership, the presumption is that the fault was there from the outset unless the retailer can prove otherwise. This is where you apply the Reverse Burden of Proof and that is explained here
The onus is on the retailer to prove that the fault was not there at the time you purchased the product.
You need to give the retailer one opportunity to remedy the faults and if this fails, you have the right to reject the goods and demand a full refund without deductions. The only exception on deductions is for vehicles where you have had use of the vehicle for more than 30 days.
If 6 months has elapsed, the onus is on you to evidence that the fault was there at the time of purchase and this can be evidenced by an expert opinion or evidence that this is a common fault with this product.
There are other pieces of legislation you can refer to when it comes to reinforcing your case such as;
- Consumer Credit Act 1974
- Misrepresentation Act 1967 (this is where the Reverse Burden of Proof lies)
If a vehicle has been purchased on finance, the vehicle is owned by the finance company and you can make your problem theirs by seeking a chargeback to restore you to the position you were in before you entered in to the contract.
I cover various aspects and real-life scenarios involving the Consumer Rights Act 2015, Consumer Credit Act 1974, Misrepresentation Act 1967 and other legislation including the Road Traffic Act complete with templates based on real-life test cases that work in my book now on sale via Amazon as an e-book and paperback priced £3.99 / £8.99.
BBC Radio Scotland have read it and interviewed me as a consumer expert for a five-part consumer programme they have made. I have been featured in the Daily Mail as a consumer champion which you can read here
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