Straightforward Guide To The Rights Of The Consumer , livre ebook

Straightforward Publishing - David Bryan

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108 pages

English

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Description

Consumer rights continually evolve and change and this book lays out all of the changes to 2021 in a clear and concise way. Areas such as legislation covering the use of credit Cards, and credit generally, plus distance selling Regulations, all areas that have been affected by the introduction of European legislation, are covered in depth along with the main body of consumer law. A Guide to the Rights of the Consumer is a clear, concise and illuminating book which all categories of reader will find invaluable.

Informations

Publié par	Straightforward Publishing
Date de parution	26 janvier 2021
Nombre de lectures	0
EAN13	9781913776602
Langue	English

Informations légales : prix de location à la page 0,0300€. Cette information est donnée uniquement à titre indicatif conformément à la législation en vigueur.

Extrait

A STRAIGHTFORWARD GUIDE TO
THE RIGHTS OF THE CONSUMER
David Bryan
Editor Roger Sproston

Straightforward Guides
www.straightforwardco.co.uk
Straightforward Guides
Straightforward Co Ltd 2021
All rights reserved. No part of this publication may be reproduced in a retrieval system or transmitted by any means, electronic or mechanical, photocopying or otherwise, without the prior permission of the copyright holders.
ISBN: 978-1-913342-84-5 ePUB ISBN: 978-1-913776-60-2 Kindle ISBN: 978-1-913776-69-5
Printed by 4edge www.4edge.co.uk
Cover design by BW Studio Derby
Whilst every effort has been made to ensure that the information contained within this book is correct at the time of going to press, the author and publisher can take no responsibility for the errors or omissions contained within.
A Straightforward Guide to the Rights of the Consumer

CONTENTS
Introduction
1. Consumer Protection Generally
2. The Consumer Rights Act 2015 and lettings Agents
3. Faulty Goods/Non Receipt of Goods
4. Other Consumer Transactions
5. Guarantees and Warranties
6. Denying Liability For Products
7. Unsolicited Goods
8. Consumer Contracts (Cancellation and Additional Charges) Regulations 2013-including distance selling and digital content
9. Consumer Rights (Payments and Surcharges) Regulations 2012
10. Consumers and Credit
11. The Consumer Protection from Unfair Trading Regulations 2008
12. Unsafe Goods
13. Package Holidays
14. Food Safety
15. Consumer Remedies
16. Consumer Issues Generally
17. Consumer Law in Scotland
Sample letters of complaint
Useful Addresses
Index
****
INTRODUCTION
The aim of this Guide, updated to January 2021 , is to outline the rights of the consumer when entering into a transaction with a seller of goods, whatever those goods might be. People do not know their rights when encountering problems at the point of sale or after. What, for example, are your rights if goods turn out to be unsuitable or substandard and the seller refuses to let you have your money back or generally tells you that there is nothing that can be done?
There are three legal systems in the United Kingdom: English Law, which covers Wales as well, Scottish law and Northern Irish law. In practice there is very little difference between English law and Northern Irish law so reference throughout this book will be to English law. Scottish law differs significantly. Courts have different procedures and some laws are different. There will be a brief resume of Scottish law in chapter 17 .
BREXIT- Key points to consider in relation to consumer law:
European law and regulations may well change in the future following BREXIT (final withdrawal) in January 2021. To ensure that there is a smooth transition The Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018 have been passed. This instrument: a) makes amendments to EU derived consumer protection legislation which are necessary as a result of the decision to leave the European Union. This is to ensure that the legislation continues to operate effectively at the point the United Kingdom withdraws from the European Union; b) revokes the EU Online Dispute Resolution Regulation; c) makes amendments to EU derived consumer protection legislation to replace obsolete cross-references to EU law. These out-dated references were in place before the decision to leave the European Union and correcting them now ensures that the law will function properly after exit day.
The Law Society has published guidance for solicitors that highlights the changes in consumer law including civil and commercial cooperation that will occur should the UK leave the EU without having reached an agreement with the EU. In this scenario, the EU and UK will have failed to sign a withdrawal agreement (governing the terms of the UK s departure from the EU) and an agreement governing the future relationship between the two parties. The UK will immediately leave the EU s institutional structures without a transition period. In many areas, cooperation between the UK and EU will cease, and the applicable legal regime in many practice areas will change.
UK-based organisations that provide for alternative dispute resolution (ADR) will no longer act in cross-border disputes between the UK and EU/EEA states. Instead, consumers will need to engage ADR entities in the country in which the retailer is based.
The European Commission s Online Dispute Resolution (ODR) procedure will no longer be available to UK consumers.
The European Small Claims procedure will no longer be made available to UK consumers. Additionally, UK consumers will not be able to pursue a claim in the UK small claims court where the retailer is based in an EU/EEA state.
The European Health Insurance Card will no longer be made available to UK residents/citizens. This means that those travelling from the UK to EU/EEA states will need to purchase health insurance to cover accidents and emergencies following a no-deal Brexit.
Any judgment of a UK court made against an EU/EEA retailer will no longer be automatically enforceable against the retailer in that country. Instead, UK-based consumers may need to employ a lawyer in the country where the retailer is based to enforce their rights. They may alternatively launch proceedings directly in the country concerned.
BREXIT and the effect on consumer law is discussed further in Chapter 16 , Consumer Issues Generally.
COVID 19 and Consumer rights
2020 has been quite a tumultuous year for everyone and peoples consumer rights have been impacted in almost all areas, particularly travel.
Covid-19 has filled our hospitals, shut down our workplaces and transformed how we live - but it hasn t changed our fundamental consumer rights.
Across the country, consumers have had gigs, flights and weddings cancelled. They have struggled to return faulty goods because the shops are closed, they have had emails about refunds ignored and they have been left in financial limbo as their rights seem to be disregarded.
While the COVID-19 crisis does not bring changes to consumer protection rules, it does bring them into sharper focus and regulators will be quick to act against any blatant breaches. Consumer rights have not changed and people still have important legal protections. Of course, most businesses are trying to do the right thing in a really difficult time, while they also deal with the pressures of the pandemic. Some may be overwhelmed by customer demands at a time when they are also short-staffed.
But if you are going to enforce your rights then you need to know what they are and how Covid-19 might be affecting how quickly they can be resolved.
Refunding travel costs
This is a widespread issue for would-be holidaymakers across the world. The situation concerning UK travellers will be discussed further on in this book. People with travel booked for 2021 face tremendous uncertainty as they wait to find out if their holidays will be cancelled or otherwise. Those with travel plans cancelled in 2020 are still waiting for refunds, often being fobbed off with vouchers or the offer of a postponement.
If your holiday has been cancelled then you are entitled to a refund. However, the consumer champion Which? has found that 10 of the UK s biggest package holiday providers and 10 of the largest airlines are failing to refund customers in the statutory timeframe of 14 days after you request it.
Of course, it may be a struggle for providers to refund everyone immediately and many customers will be happy to accept their break being rescheduled. If you are happy to accept a new holiday or a credit note then make sure it comes with Atol protection so your money is not at risk if the provider goes under.
If you are not happy to do so then put your request for a refund in writing and keep pestering the provider until your consumer rights are met. We will discuss this further in chapter 14 .
Weddings being delayed-Refunds and Insurance
Many couples were looking forward to spring or summer 2020 for their weddings and now have had to delay their big day to 2021. But many face distressing financial consequences as well.
A number of wedding insurers say their policies do not cover weddings being cancelled for this kind of reason, leaving couples without the financial protection they thought they had.
Once again, your rights do not change just because the world has. If you have read your policy carefully and believe that it should cover this kind of event (many have quite limited cover) then the first step must be a formal complaint to the insurer themselves.
If that is rejected then the next step is a complaint to the Financial Ombudsman. It is free to make a complaint and they will investigate on your behalf. If they find in your favour then they can order the insurer to pay you.
The Financial Ombudsman service is under pressure, as you d expect, and its website warns that at busy times it can take around four months to assign new cases to a handler.
Not everyone has wedding insurance, and many people want their money back from the suppliers and venues they had booked.
While many businesses are doing what they can to help couples postpone their events, some are refusing refunds or demanding additional payments.
The Competition and Markets Authority (CMA) has put out additional guidance to businesses, including highlighting that it expects in most cases a full refund would be paid if a business has cancelled a contract without providing any of the goods or services as a result of the current lockdown.
If you ve been affected by unfair cancellation terms, you can report the businesses involved to the CMA using its online form.
Childcare provision
This has been a very difficult time for nurseries and childminders, many of which struggle to make ends meet even without a lockdown. As a result, some have continued to charge parents for childcare even when the childr