It is quite shocking how many retailers still do not comply with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCRs) which actually came into force in 2014. Indeed, for some businesses non-compliance appears to be a deliberate commercial decision based upon the assumption that a wronged consumer will not bother to take any action. For the wronged consumer, just how difficult is it to enforce your rights when a retailer does not comply with consumer law?

Here is my experience:

A few weeks ago I purchased various items on-line from a well-known retailer who regularly advertises on TV. Before the items were delivered I decided I did not really want them so I exercised my right of cancellation under the CCRs, not that the retailer had advised how to exercise these rights as required by the CCRs. Worse still, the retailer then deducted £89 from my refund on the basis that their terms and conditions allowed them to charge a cancellation fee. I pointed out that under the CCRs, so long as I cancelled within the cancellation period (which runs until 14 days after delivery), I was entitled to a full refund, no matter what their terms said. Despite my protests it was clear that the retailer operated some sort of a "no refund in any circumstances" policy. Furious, therefore, I issued legal proceedings in the small claims court for the return of my £89.

Whilst I am a solicitor, I am no litigator and have not done any since my training way back in the last millennium. From what I remember though it all seemed rather complicated back in those days and full of strange terms like "plaintiff", "writ" and "summons". I was therefore amazed at how simple making a small claim turned out to be.

You go to the small claims court website, which is quite easy to find online, register, fill in details of the retailer, set out details of your claim in your own words, pay a court fee (in my case £25) and press send. The whole process took about 25 minutes. Two weeks later, I received a phone call from the retailer agreeing to refund my £89 and pay my court fee. Result!

The lessons:

Consumers, if you've been wronged by retailers not properly complying with consumer laws, it is really easy to take legal action. Retailers, comply with the law or find yourselves the subject of legal claims.

If you are a retailer and need help in complying with consumer laws, do get in touch. Indeed if you comply properly, you will not always have to make a full refund.

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