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| [Fifth and Sixth SITTINGS]
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| Clause 17, page 8, line 20, at end insert— |
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| | ‘(1A) | Prior to sale the trader must disclose any— |
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| | (a) | outstanding claims to the goods, or |
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| | (b) | legal charges against the goods, |
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| | | which is the subject of the contract and which may— |
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| | (i) | affect the consumer’s future enjoyment or use of the goods, or |
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| | (ii) | cause financial detriment to the consumer.’. |
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| Clause 19, page 10, line 6, at end insert— |
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| | ‘(4A) | Where the installation of goods leads to a risk to the consumer, as set out in the |
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| | Housing Act 2004, the consumer retains a right to a full refund of the cost of the |
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| | contract and any additional fees associated with the installation. |
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| | (4B) | Any action taken under subsection (4A) will not prevent the consumer from |
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| | seeking other remedies or further compensation for the consequences of the |
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| Clause 19, page 10, line 14, at end insert— |
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| | ‘(6A) | Where the trader has failed to notify the consumer of an outstanding legal charge |
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| | or liability against the goods, in exercising the right to reject the consumer may |
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| | also revert all legal and financial responsibility to the trader as though the initial |
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| | transfer had not taken place.’. |
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| Clause 19, page 11, line 5, at end add— |
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| | ‘(16) | Upon seeking to enforce statutory rights under this section, customers must be |
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| | provided with information, by the trader, about their rights regarding rejection, |
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| | repair or replacement of goods, or other remedies provided under sections 20 to |
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| Clause 20, page 11, line 24, at end insert— |
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| | ‘(a) | within 30 days of agreeing that a refund is to be paid, and |
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| | (b) | using the same payment method used in the original transfer. |
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| | (9A) | Where the trader fails to ensure an entitled refund under subsection (9) is |
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| | provided within 30 days, the consumer is entitled to seek damages from the trader |
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| | commensurate with the impact of any loss caused by this delay, unless the |
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| | consumer has decided to waive this right to a refund within this timeframe.’. |
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| Clause 20, page 11, line 24, at end insert— |
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| | ‘(9A) | A consumer shall not be obliged to incur any costs when returning rejected goods |
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| | except those incurred in returning the goods to the place where they acquired |
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| | physical possession of the same goods.’. |
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| Clause 20, page 11, line 27, after ‘transferred’, insert ‘within 30 days of agreeing |
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| that a refund is to be provided’. |
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| Clause 20, page 11, line 27, at end insert— |
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| | ‘(10A) | Where a trader fails to ensure an entitled transfer under subsection (10) is |
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| | provided within 30 days the consumer is entitled to seek damages from the trader |
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| | commensurate with the impact of any loss caused by this delay. |
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| | (10B) | Damages shall not be awarded if— |
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| | (a) | the consumer has decided to waive this right to a return of whatever was |
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| | transferred within this timeframe, or; |
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| | (b) | such a timeframe could not be considered reasonable given the transfer |
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| Clause 20, page 11, line 31, after ‘transferred’, insert ‘within 30 days of agreeing |
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| that a refund is to be provided. |
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| | (11A) | Where a trader fails to ensure an entitled transfer under subsection (11) is |
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| | provided within 30 days the consumer is entitled to seek damages from the trader |
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| | commensurate with the impact of any loss of income from this delay on them. |
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| | (11B) | Damages shall not be awarded if— |
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| | (a) | the consumer has decided to waive this right to a return of whatever was |
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| | transferred within this timeframe, or; |
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| | (b) | such a timeframe could not be considered reasonable given the transfer |
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| Clause 20, page 11, line 34, at end insert— |
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| | ‘(12A) | Any refund under subsection (12) shall be paid— |
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| | (a) | within 30 days of agreeing that such a refund is to be provided, and |
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| | (b) | using the same format for payment used in the original transfer for which |
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| | they are receiving the refund. |
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| | (12B) | Where the trader fails to ensure an entitled refund under subsection (12) is |
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| | provided within 30 days the consumer is entitled to seek damages from the trader |
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| | commensurate with the impact of any loss caused by this delay. |
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| | (12C) | Damages shall not be awarded if— |
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| | (a) | the consumer has decided to waive this right to a return of whatever was |
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| | transferred within this timeframe, or |
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| | (b) | such a timeframe could not be considered reasonable given the transfer |
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| Clause 20, page 11, line 37, at end insert— |
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| | ‘(13A) | Any refund under subsection (13) shall be paid— |
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| | (a) | within 30 days of agreeing that such a refund is to be provided, and |
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| | (b) | using the same format for payment used in the original transfer for which |
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| | they are receiving the refund. |
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| | (13B) | Where a trader fails to ensure an entitled refund under subsection (13) is provided |
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| | within 30 days the consumer is entitled to seek damages from the trader |
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| | commensurate with the impact of any loss caused by this delay on them, unless |
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| | the consumer has decided to waive this right to a return of whatever was |
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| | transferred within this timeframe.’. |
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| Clause 22, page 13, line 23, at end insert— |
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| | ‘(4A) | The consumer may defer the commencement of the short term right to reject |
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| | goods if they stated at the time of purchase that they wish to defer the use of the |
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| | goods to a specific date and can reasonably be expected to delay the use of the |
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| Clause 23, page 14, line 3, leave out ‘a reasonable time’ and insert ‘30 days, unless |
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| an alternative timescale is agreed with the consumer prior to the commencement of any |
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| Clause 23, page 14, line 22, at end insert ‘, and |
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| | (c) | the financial impact on the consumer of the completion of any repair that |
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| | takes longer than 30 days.’. |
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| Clause 23, page 14, line 32, at end add— |
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| | ‘(9) | Where the quality of provision of goods has been deemed to be hazardous or so |
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| | poor as to cause the consumer to reasonably lose confidence in the traders’ ability |
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| | to provide goods, the consumer may refuse a repair and exercise their right to |
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| | reject under section 20.’. |
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| [Adjourned until Thursday at 11.30 am |
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