When you purchase goods, the Consumer Rights Act 2015 (which is applicable for all purchases made on or after 1st October 2015) says that the goods must be:
- Of satisfactory quality
- As described
- Fit for purpose.
These requirements form part of the contract between the consumer and trader, meaning if the goods do not comply with any of these requirements, there is a breach of contract.
Consumers have far reaching rights under the Consumer Rights Act, which is a piece of legislation which is ‘pro-consumer’. However, it is important to be familiar with the workings and the full details of the Act in order to take full advantage of it.
We are experts and leaders in this field and are therefore well placed to advise and navigate consumers to achieve the correct outcome.
In the first instance we advise that you approach the trader in question using a template letter before action. In many cases this will resolve the matter without the need to use our services, or those of another law firm.
If the trader rejects your claim you should ask if they are a member of an ADR scheme. If they are not, we can help by advising you on the small claims court route. Note: if the trader is a member of RetailADR, UtilitiesADR or Consumer Arbitration we will not be able to help, due a conflict of interest.
The small claims process was designed for consumers to use the process without a lawyer. However, if you are claiming against a company (a retailer, holiday company etc.) it is highly likely that they will have legal representation, putting you at a disadvantage.
It is important that you state your case properly and that you cite the correct law, and this is where we can help in one of three ways: