Understanding your consumer rights: How Ashtons Legal can assist with significant claims

As a consumer, you have legal rights that protect you when something you’ve paid for does not meet expectations. Whether it is a faulty product, a service gone wrong, or misleading terms, you do not have to accept it.

There are several statutes in place to protect consumers from such circumstances. The primary one is the Consumer Rights Act 2015 which implies a number of terms into business to consumer contracts for the purchase of goods or supply of services.

At Ashtons Legal, we are here to help you stand up for your rights.

Consumer Rights Act 2015

Some of the key rights which are automatically implied into contracts under the Consumer Rights Act 2015 include:

• Goods must be of satisfactory quality
• Goods must be fit for a particular purpose
• Goods must be as described
• Services must be performed with reasonable care and skill
• Services must be performed within a reasonable time (if the contract does not expressly fix a time for the service to be performed)
• A reasonable price must be paid for a service (if the contract does not expressly fix a price).

What remedies are available if one of the implied terms is breached?

A consumer has an initial short-term right to reject goods. This short term right to reject is limited to 30 days after (1) the goods have been delivered (2) ownership or possession of the goods has been transferred and (3) if the contract requires the goods to be installed by the trader, the trader has notified the consumer that the action has been taken.

If a consumer is out of time to reject the goods, they have the right to rely on the tiered remedies, which consist of:

• First Tier Remedies – the right to repair or replacement
• Second Tier Remedies – the right to a price reduction or the final right to reject.

A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so if:

• After one repair or one replacement, the goods still do not conform to the contract
• The consumer can require neither repair nor replacement of the goods because it is impossible or disproportionate compared to the other remedies available
• The consumer has required the trader to repair or replace the goods, but the trader has failed to do so within a reasonable time and without significant inconvenience to the consumer.

Generally, it is for a consumer to prove that goods are not of satisfactory quality or fit for purpose. However, where a consumer exercises one of the tiered remedies within the first six months, the consumer does not need to prove that the goods were faulty at the time of delivery. Instead, it is presumed that the goods were faulty at the time of delivery unless the trader can prove otherwise.

Where the contract is for the provision of services, the remedies available to a consumer include the right to repeat performance (the right to require the trader to perform the service again to the extent necessary to complete performance in conformity with the contract) or the right to price reduction.

When legal expertise becomes essential

While many consumer issues can be resolved directly with the seller or service provider, situations involving substantial financial loss or complex disputes often require legal intervention. At Ashtons Legal, we specialise in handling high-value consumer claims, providing the expertise necessary to navigate the legal landscape effectively.

It’s important to note that claims under £10,000 typically fall within the Small Claims Court, where legal costs are not usually recoverable. Therefore, our services are most beneficial for claims exceeding this threshold, where the complexities and potential recoveries justify professional legal support.

Our approach to high-value consumer claims

At Ashtons Legal, our approach is client-focused and results-driven. We offer:

• Comprehensive case evaluation: Assessing the merits of your claim and advising on the best course of action.
• Strategic legal planning: Developing a tailored strategy to pursue your claim effectively.
• Negotiation and mediation: Engaging with the opposing party to seek a fair settlement without the need for court proceedings.
• Litigation support: Supporting you through the Court process, if necessary, with a focus on achieving the best possible outcome.

Our team is recognised for its expertise and dedication, ensuring that your consumer rights are vigorously defended.

Contact our Dispute Resolution solicitors today

If you believe your consumer rights have been breached, Ashtons Legal is here to help. Our experienced team will guide you through every step of the process, ensuring that your case is handled with the utmost professionalism and care.

Please contact our Dispute Resolution team by completing our online enquiry form or by calling 0330 191 4857.