Dispute resolution and litigation lawyers in Wimbledon, South West London, Epsom and Surrey
Consumer disputes
Consumer disputes can arise in a variety of ways. Some of the most common that we encounter are:
- Issues with motor vehicles
- Purchase of faulty or defective goods, often online
- Building disputes and wider disputes concerning tradespeople
- Warranty claims
The main piece of legislation that deals with consumer rights is the Consumer Rights Act 2015 (CRA). This applies to consumer contracts that have been entered into from1 October 2015 and it is split into three parts.
Part 1: This details a consumer’s statutory rights and remedies with regards to contracts for goods, services or digital content.
Part 2: This sets out the requirements for consumer contracts and notices to be fair and transparent. It sets out terms that are likely to be deemed as unfair by the court, which serves as a helpful guide when reviewing a contract. If terms that are likely to be deemed unfair are included, then this should raise concerns as to other terms of the contract and may be a good point at which to seek legal advice.
Part 3: This covers a range of provisions including but not limited to enforcement, enhanced consumer measure, private actions in competition law, a duty of letting agents to publicise fees and controls on the resale of tickets for sporting events.
One of the main issues that arises in consumer matters is when goods are not of satisfactory quality or fit for purpose. A consumer may be able to use the short-term right to reject, the right to repair or replace and the right to a price reduction or the final right to reject.
If you wish to explore your options, we can advise as to your position in the law and the next steps available to you.
Here are some commonly asked questions we receive about discrimination at work:
It must be a contract entered into after 1 October 2015. We would also need to consider whether a claim is out of time pursuant to the Limitation Act 1980.
Consumer claims can only be brought by consumers against traders.
A consumer is an individual acting wholly or mainly outside their trade. The definition is broader than it may first appear; a builder may be a consumer in a context where they are hiring an accountant, for example.
A person acting for purposes related to their trade, business, craft or profession. For example, an architect, builder or plumber.
We can advise at any stage although there are various steps you can take without incurring cost. The obvious first step should is to bring the matter to the attention of the seller or trader in question. If they do not offer an acceptable solution, for example by refund or replacement, then you could escalate the matter privately by:
- making a complaint – the seller or trader should have a formal complaints process
- involving the relevant ombudsman if available
- reporting the matter to Trading Standards.
You should bear in mind that any disputes of a financial value of less than £10,000 are likely to be dealt with in the Small Claims Track of the County Court, in which case money you spend on legal advice or representation will not be recoverable. So in those circumstances you should think of money spent on legal advice as a sunk cost and should consider carefully the extent to which you involve solicitors.
We find that we are instructed to provide preliminary advice on Small Claims disputes, usually where consumers want to establish the strength of their case before making a claim themselves. Another issue that commonly arises is around exercising the short term right to reject under CRA, often in relation to motor vehicles.
As experts in the field of consumer dispute resolution, our legal team can sensitively respond to your situation and equip you with the best advice for your circumstances.
Our lawyers are highly experienced and here to help. To speak to a dispute resolution solicitor about a consumer issue, please get in touch.
- Tel: 020 8944 5290
- Email: [email protected]