The Consumer Rights Act 2015 Continued

Hello, and welcome to a continuation of the previous week's Blog on the Consumer Rights Act 2015. This Blog will focus on services under the act and consumers' rights. To recap on the key aspects of the legalisation, the Consumer Rights Act 2015 became an implied term of the contract to all contract's consumer contracts agreed on or after 1 October 2015, where the contract involves the sale of goods, digital content and services.

Consumers' Rights Act applies when there is a contract between a trader and consumer to supply a service. Look out for a future blog which will cover when a contract exists. For the act, it does not cover a gratuitous contract in Scotland, where only one party stands to benefit from the agreement hence no consideration, or a contract of employment or apprenticeship.

· Consumers' Rights Under a Service Contract:

o Service to be performed with Reasonable Skill and Care

o Service is to be as described verbally or in writing before the consumer agrees to the contract

o A Reasonable Price to be paid for the Service where a price or rate was not decided before entering the contract

o The Service is to be performed in a reasonable time where the contract does not specify a time that the Service will be performed in

· Consumers' Rights when Services are not delivered in accordance with the act:

o The Service is to be partially or wholly repeated, free of additional costs to the consumer, to get the contracted outcome

§ To be provided within a reasonable time and without inconvenience to the consumer

o An appropriate price reduction, which could be the total fee paid

§ To be paid within 14 days of the date trader agrees with the refund and by the same means as the consumer paid initially

The rights set out above are a summary of the consumer's rights relating to Services under the Consumer Rights Act 2015, are far reaching but not limited to from a tradesman doing work in your house, to a travel agent or tour operator, or a tutor teaching you a new skill. In our experience, it is often best to begin discussions early with the other party to reach an agreeable solution. Where a challenge occurs, Velocity Dispute Management can assist in finding a suitable solution as quickly as possible. If you wish to discuss how Velocity Dispute Management can support you or discuss this Blog's content, please contact admin@velocitydisputemanagemet.co.uk or book a strategic review meeting where one of our consultants will review your situation and create an action plan to utilise your rights in law to resolve the problem.