The art of information

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Protecting Consumers
/ January 2019

Have you ever ordered something from the internet and when it arrives you think ‘that’s not satisfactory, fit for purpose or as described?’ If you’ve bought something that prompts you to think this then you may have a claim under the Consumer Rights Act 2015.

If you want to make a claim, you have several ways of resolving the issue, depending on the remedy you’re seeking and the circumstances. What you can do does, however, depend on how much time has passed since the purchase.

Your Rights are:

  • The right to a full refund within 30 days of purchase;
  • The right to have the goods repaired or replaced if you’re out of the 30-day window;
  • If the attempt at repair/replacement is unsuccessful you can claim a refund or a price reduction if you wish to keep the product.

I bought a second hand vehicle a month ago and it keeps breaking down, despite me giving the dealer the opportunity to fix it twice, help!

The dealer who sold it to you has one opportunity to repair/replace the vehicle. If the vehicle is still ‘faulty’ and the repairs have failed/are defective then you have the right to a price reduction/the final right to reject the vehicle.

If the issues have occurred within 6 months’ of purchase, you benefit from what is called ‘a reverse burden of proof’. This means that it is up to the dealer to prove that the fault wasn’t theirs, not for you to prove that it was. However, you need to bear in mind that if you exercise your final right to reject the vehicle then any refund you receive may be reduced by a deduction for use of the vehicle.

Andrew Bartley | Partner / Head of Litigation

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