F1PART 4ACONSUMERS’ RIGHTS TO REDRESS

Annotations:
Amendments (Textual)
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

How can a consumer enforce the rights to redress?27K

1

A consumer with a right to redress under this Part may bring a claim in civil proceedings to enforce that right.

2

In Scotland, proceedings to enforce the right to unwind may be brought before the sheriff or in the Court of Session.

3

Paragraph (4) applies if in proceedings under this regulation the consumer establishes that the consumer has—

a

the right to unwind,

b

the right to a discount, or

c

the right to damages.

4

The court must make an order that gives effect to—

a

that right, and

b

any associated obligations of the consumer under this Part.

5

The Limitation Act 1980 applies to a claim under this regulation in England and Wales as if it were an action founded on simple contract.

6

The Limitation (Northern Ireland) Order 1989 applies to a claim under this regulation in Northern Ireland as if it were an action founded on simple contract.