How the Consumer Rights Act Makes it Easier to Get a Refund

What you need to know

Following 1st October 2015, the new Consumer Rights Act gives consumers greater protection and states that refunds or replacements for faulty goods have to be issued within 30 days, as opposed to the previously woolly - worded 'reasonable timeframe'.

The new act replaces various old legislation, including the Sale of Goods Act 1979, Supply of Goods and Services Act 1982 and the Unfair Terms in Consumer Contracts Regulations 1999. These outdated acts required updating to give internet shoppers greater protection following the steady increase in online sales and growing digital services market.

Other types of purchase gone wrong, covered by the rules

Late online deliveries

If your order does not arrive by the promised delivery date, consumers have the right to cancel the order and obtain a full refund. If you no longer want or require the late order, don't let the retailer wriggle out of your refund by blaming the delivery firm. It does not matter where the delay occurred, the retailer is responsible for the firm who are doing their deliveries.

Buying Services

The new rules improve things for instances where a service you have paid for, such as repair work to your car or other maintenance is not carried out as agreed. The service provider is obliged to put things right or some money must be refunded, although no specific timescale is confirmed.

Downloadable digital content

Downloaded purchases (music, films, games, ebooks) which are faulty, now have to be repaired or replaced by the retailer. If the retailer is unable to do this then a refund must be available. Unfortunately, when it comes to faulty digital content, no timescale has been given concerning how long the retailer has to rectify the situation.

Retailer still refusing to refund?

These new rules are clearer and simpler for businesses to understand and therefore it is easier to take complaints further, by escalating to the Retail Ombudsman or the Ombudsman Service. The Ombudsman does not charge to look into your complaint, so is a cheaper way to take matters further without going to a small claims court.

Other ways to protect purchases - paying by credit card.

If the value of the item you wish to order or purchase is over £100, (and under £30,000) paying some or all of the money by credit card gives you protection for the full amount, thanks to section 75 of the Consumer Credit Act. Section 75 states that should something go wrong with the purchase (it doesn't arrive, the retailer goes bankrupt or the item is faulty) the credit supplier is just as responsible as the supplier and you can request a refund from the credit card provider, even if you have closed your account.

This type of legal protection also applies to store cards and some car finance agreements (not hire purchase.)

In instances where section 75 rules do not cover your transaction, for example you paid by debit card (law only applies to credit purchases) you could complain to your bank and request a 'chargeback' on the payment. This is not as reliable as section 75 as chargeback is not any kind of legal protection.

 

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