Misleading actions
Redress for Misleading delivery charge claims on trader websites
Right to Redress
In 2014 consumer protection law in the UK was updated to include a new set of 'right to redress' for misleading claims or misrepresentation made by traders. The law is contained in Part 4A of the Consumer Protection from Unfair Trading Regulations 2008 (as amended). The right to redress (compensation, remedy etc.) is restricted to situations where a consumer has both been misled into entering into a contract or to making a payment for the supply of a product and the misleading information (known as a ‘prohibited practice’) was a significant factor in the consumer’s decision to enter into the contract or make the payment.
If you have not done so already you may wish to complete our redress tool to check if you meet the the three tests in order to make a claim.
Application
The right to redress under Part 4A covers all sorts of situations including home improvements, travel, motoring costs and online purchases. Obviously our focus is on delivery issues so we are talking about situations where misleading claims about delivery arrangements and costs were a significant reason into why a consumer entered into a contract or made a payment towards a product. The redress rights under Part 4A are relatively new and not well understood by both consumers and businesses - see Government Guidance. This should not put you off and you are encouraged to invoke your rights if you have been misled.
To pursue a redress claim will depend on number of factors including the method of payment. We have produced some standard letters for you to follow and the case study below expands on some of the legal issues.
Template letters
- Claim against retailer
- Claim against the business who sold you the goods
- Claim against Credit Card Company
- You may have extra rights if you paid using a credit card
If you want more details on how to complain see our Template Letter Guidance page.
In order to better understand how the redress rights be used we have put together this example case study with an attached letter which you could adapt to your own circumstances.
Case Study (credit card used)