Repeat performance and financial compensation

andrewjameshoward

I've been reading up on the Consumer Rights Act 2015 as regards services.

If a service is carried out inadequately, under CA 2015 s. 55 I can request "repeat performance" which the supplier has to carry out within a resonable period of time.

If repeat performance is not carried out within a reasonable time, under s. 56, I can request a price reduction of an appropriate amount which the supplier must refund WITHIN 14 DAYS BEGINNING WITH THE DAY ON WHICH THE TRADER AGREES THAT THE CONSUMER IS ENTITLED TO A REFUND. (my capitals).

What's to stop a trader/what remedies are available if a trader (a) ignores the request for repeat performance; then (b) does not agree to a refund and/or (c) will not agree to the amount of the refund?

pinkshoes

Small claims court? Speak to bank?

TheSpectator

Legal action is all you can do but if you a more informed opinion you will need to expand on the actual issue.

eskbanker

Surely, as with any other breach of legislation, where a trader fails to comply and is uncooperative, enforcement ultimately requires legal action, unless secondary remedies exist, e.g. section 75 if paid by credit card, etc?

Is your question a purely hypothetical one or do you have a specific real-life example in mind?

Okell

andrewjameshoward said:

... If repeat performance is not carried out within a reasonable time, under s. 56, I can request a price reduction of an appropriate amount which the supplier must refund WITHIN 14 DAYS BEGINNING WITH THE DAY ON WHICH THE TRADER AGREES THAT THE CONSUMER IS ENTITLED TO A REFUND. (my capitals).

What's to stop a trader/what remedies are available if a trader (a) ignores the request for repeat performance; then (b) does not agree to a refund and/or (c) will not agree to the amount of the refund?

This is a question I have often pondered.  It equally applies to faulty goods under s20(15) of the Consumer Act 2015.

The problem is that the legislation tells you the maximum length of time you have to wait for a refund if the trader is so gentlemanly and cooperative as to agree to a refund in the first place, but it doesn't spell out explicitly how long to wait or what to do if the trader is so ungrateful as not to agree.  If they don't agree to anything at all it's not clear to me what exactly they are in breach of, but obviously they are in breach of something.

I'm not 100% certain but I think the answer - as others have suggested - is that if the trader ignores your requests, or doesn't agree to a refund, or doesn't agree to the amount of the refund, then you simply proceed to sue them under whatever is the most appropriate provision in the legislation.

How long you have to wait for their agreement (or disagreement) if they try to drag the process out or won't communicate at all is not clear.  I suppose it's a reasonable length of time.  How long is a ball of string?

I suppose by analogy if they haven't responded/agreed/disagreed/communicated at all after 14 days then their time is up.  I think that's a bit short and that 21 - 28 days would be more reasonable.