The Consumer Protection from Unfair Trading Regulations 2008

[F1 How does the right to a discount work? U.K.

27I.— (1) A consumer has the right to a discount in respect of a business to consumer contract if—

(a) the consumer has made one or more payments for the product to the trader or one or more payments under the contract have not been made, and

(b) the consumer has not exercised the right to unwind in respect of the contract.

(2) If the consumer has made one or more payments, the consumer has the right to receive back from the trader the relevant percentage of the payment or payments.

(3) If one or more payments have not been made, the consumer has the right—

(a) to reduce by the relevant percentage as many of those payments as is appropriate having regard to the seriousness of the prohibited practice, or

(b) in a case within paragraph (6), to reduce all of those payments by the relevant percentage.

(4) Subject to paragraph (6), the relevant percentage is as follows—

(a) if the prohibited practice is more than minor, it is 25%,

(b) if the prohibited practice is significant, it is 50%,

(c) if the prohibited practice is serious, it is 75%, and

(d) if the prohibited practice is very serious, it is 100%.

(5) The seriousness of the prohibited practice is to be assessed by reference to—

(a) the behaviour of the person who engaged in the practice,

(b) the impact of the practice on the consumer, and

(c) the time that has elapsed since the prohibited practice took place.

(6) [F2 Paragraph (4)] does not apply if—

(a) the amount payable for the product under the contract exceeds £5,000,

(b) the market price of the product, at the time that the consumer entered into the contract, is lower than the amount payable for it under the contract, and

(c) there is clear evidence of the difference between the market price of the product and the amount payable for it under the contract.

(7) In such a case, the relevant percentage is the percentage difference between the market price of the product and the amount payable for it under the contract.

(8) The application of this regulation does not affect any of the other rights and liabilities under the contract.]

Textual Amendments

F1 Pt. 4A inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 3

F2 Words in reg. 27I(6) substituted (with application in accordance with reg. 1(2) of the amending S.I.) by The Consumer Contracts (Amendment) Regulations 2015 (S.I. 2015/1629), regs. 1(1), 9(2)