The 8 key rights you should know
I’D like to start 2022 with a round-up of the eight key rights consumers have when it comes to buying goods and services.
These are at the heart of many readers’ problems I deal with every week. Happy New Year!
1. SHORT-TERM RIGHT
TO REJECT
If you buy goods which are faulty within the first 30 days of purchase, or later if delivered, you can invoke the short-term right to reject under the Consumer Rights Act.
The catch is that you have to prove the goods are faulty (it is not the retailer that must prove this) but if you can show this (usually it is obvious) you will have the right to an immediate refund.
2. THE RIGHT TO RETURN GOODS
PURCHASED ONLINE
The Consumer Contracts Regulations apply when you buy goods online. These regulations provide the consumer with the option to change their mind and ask for a refund – so long as the request is made within 14 days of delivery.
By contrast, you do not have this right if you buy goods in store.
3. YOUR BASIC RIGHTS IN
RELATION TO GOODS
The Consumer Rights Act says goods must be “as described” (so they must meet any description the seller provides), fit for the purpose the goods were sold for and be of satisfactory quality
(so, if the goods are advertised as being new, they must be in pristine condition). Goods must also be legal and safe to use.
4. YOUR BASIC RIGHTS IN
RELATION TO SERVICES
When a plumber or electrician provides you with a service, they must do so with “reasonable care and skill”.
If they fail to do this (basically meaning they have provided a poor service) the Consumer Rights Act says they must repeat the service or put right what they have not done properly and this must be done at the trader’s cost.
5. PAYING BY CREDIT CARD
Section 75 of the Consumer Credit Act says if you buy goods or services on your credit card, and the price is between £100.01 and £30,000 you will be able to make what is known as a section 75 claim if something goes wrong and the trader refuses to deal with the problem. If successful, the card provider reimburses your account and then takes up the fight with the trader.
6. PAYING BY DEBIT CARD
This is similar to when you buy on your credit card, but debit card purchases are protected under section 75. The “chargeback” scheme has two distinct differences. The first is that it is a voluntary scheme (not underpinned by a law) and secondly, there is a time limit to make a claim – 120 days from the date of purchase.
7. PACKAGE HOLIDAYS
Package holidays (typically where you book the accommodation and travel together) are protected under the Package Travel Regulations (as they are known in short). This gives you a great deal of protection if something goes wrong with the holiday.
8. DELAYED OR
CANCELLED FLIGHTS
European Law (EU261) deals with flights delays and cancellations. Following Brexit the UK adopted this law but now calls it UK261.
The basic position is i) if your flight is cancelled you are entitled to a full refund within 14 days and ii) if your flight is delayed, you meet certain criteria and the reason for the delay was not an “extraordinary circumstance”, you will be entitled to a prescribed rate of compensation.