Does Brexit change Consumer Rights?

Posted on January 13, 2021

Now that the UK has left the EU some of you may be wondering how it affects consumer rights and the way consumer disputes are handled? Although many consumer rights are based on long outstanding EU directives most of them have already been incorporated into UK Law by Parliament.

Consumer Rights

The Consumer Rights Act 2015 provides different types of protection meaning that many consumer rights will stay the same even though the UK has left the EU unless the UK Parliament overhauls the existing legislation in the future. Consumer rights when shopping online will be unchanged, however, it is unlikely that rights in the EU will be enforced via UK courts.

Asa Cocker, Commercial Litigation Solicitor for Pearson Solicitors and Financial Advisers says, “If you have any concerns whilst shopping online, I suggest you read the terms and conditions carefully, just to see what governing law applies, because you might not be protected in the same way as buying from a UK retailer. If you're buying from a marketplace, be aware that sellers can be from all over the world as well.”

Faulty Goods

Obtaining a refund, repair or replacement of the goods can be difficult. If this is the case report the situation to the local trading standards department as the retailer is breaching statutory rights. Further information on local trading standards departments can be found on local council websites.

Asa suggests, “It's worth telling the retailer that you're going to do this, because it could mean your complaint is then dealt with. Alternatively if the retailer continues to fob you off or blames the manufacturer, you might want to take your complaint to the Ombudsman. There are a number of Ombudsmen that deal with a variety of goods and services. It is best that you check the Ombudsman website for further guidance.”

Credit Cards

If the retailer does not respond or they have gone out of business and the goods cost more than £100 and were paid for with a credit card, a claim can be submitted to the card company under Section 75 of the Consumer Credit Act 1974.

“You have the same rights from your finance provider as you have against the retailer. The credit card provider can try to claw back all the money for you or part of it, although the rules will vary between Visa, Maestro and American Express,” adds Asa Cocker

Legal Advice

At Pearson Solicitors and Financial Advisers we have specialist consumer rights lawyers who have experience in advising clients on disputes involving:

Car dealerships in respect of the purchase of new, used and classic cars
Companies selling defective electrical appliances or machines
Kitchen and bedroom supply and installation contractors
Supply and fit of a conservatory.

For advice on all aspects of Consumer Rights Disputes, please call Asa Cocker or Chloe Andrew-Willis on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.