As part of our series of blogs, Emma Savage talks about a recent piece of legislation.

Emma Savage talks about recent changes to the Consumer Rights Act 2015.

From the 1 October 2015, the Consumer Rights Act 2015 came into force bringing a number of changes and important updates to the existing law.

It is said that the new law is the greatest shake up in consumer rights law in a generation as it seeks to simplify, strengthen and modernise the UK consumer law.

It is believed that the new laws will enable us to know with some certainty what our rights entitle us to.

The important changes for us, as consumers are when goods are faulty.

The most welcome change for us all, is that you now have 30 days to take faulty goods back and obtain a full refund. 

However there is a slight loss in that after those first 30 days, if you return goods between the period of one and six months.  While consumers were previously entitled to an exchange, repair or a refund, the position now is that a company must be allowed to repair or replace it first. It is only if it then goes wrong again after that are you entitled to a refund and there may be a partial refund where appropriate. If applying these rules for consumers, this will be most helpful when purchasing larger electrical purchases such as a washing machine. Under the old law, if the goods were faulty, it could be replaced seven times and continue to have the same fault. Under the new act, it gives companies just the one chance to repair and replace it. If it still doesn’t work you can now ask for a refund.

In addition, if you don't want a refund, you have the right to request a second repair or replacement at no cost to you. No deductions can be made from a refund in the first six months after purchase. The only exception to this is motor vehicles, where a reasonable reduction may be made for the use of the vehicle to that date.

Two new areas of law to be introduced:-

• For the first time rights on digital content has been set out in legislation. The Act gives consumers a clear right for a repair or replacement of faulty digital content goods, such as online films and games, music downloads and e-books. The law had previously been unclear and this change has certainly bought us up to date with how digital products have evolved.

• There are now new, clearer rules for what should happen if a service is not provided with reasonable care and skill or as agreed. For example, the business that provided the service must bring it into line with what was agreed with the customer or, if this is not practical, must give some money back.

The other significant changes relate to unfair terms in a contract. It will now be easier for customers to challenge any hidden fees and charges.  It is now that the key terms of a contract, such as price, can be assessed for fairness unless terms were both prominent and clear.  

If you have purchased faulty goods or generally need advice about your rights then contact our Litigation Team on 01204 540900 or 0161 834 4722. We offer a Discounted Fixed Fee First Appointment which will allow you to seek professional legal advice for a fixed cost.