House of Commons Public Bill Committee Proceedings

Session 2013 - 14
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Other Bills before Parliament

9

House of Commons

Tuesday 25 February 2014

Public Bill Committee Proceedings

Consumer Rights Bill

[Fifth and Sixth SITTINGS]

Stella Creasy

Stephen Doughty

Withdrawn  9

Clause  17,  page  8,  line  20,  at end insert—

‘(1A)
Prior to sale the trader must disclose any—

(a)
outstanding claims to the goods, or

(b)
legal charges against the goods,


which is the subject of the contract and which may—

(i)
affect the consumer’s future enjoyment or use of the goods, or

(ii)
cause financial detriment to the consumer.’.

Clause Agreed to.

Clause 18 Agreed to.

Stella Creasy

Stephen Doughty

Withdrawn  11

Clause  19,  page  10,  line  6,  at end insert—

‘(4A)
Where the installation of goods leads to a risk to the consumer, as set out in the

Housing Act 2004, the consumer retains a right to a full refund of the cost of the

contract and any additional fees associated with the installation.

(4B)
Any action taken under subsection (4A) will not prevent the consumer from

seeking other remedies or further compensation for the consequences of the

installation.’.

Stella Creasy

Stephen Doughty

Withdrawn  12

Clause  19,  page  10,  line  14,  at end insert—

‘(6A)
Where the trader has failed to notify the consumer of an outstanding legal charge

or liability against the goods, in exercising the right to reject the consumer may

Public Bill Committee Proceedings: 25 February 2014
10

Consumer Rights Bill, continued

also revert all legal and financial responsibility to the trader as though the initial

transfer had not taken place.’.

Stella Creasy

Stephen Doughty

Negatived on division  10

Clause  19,  page  11,  line  5,  at end add—

‘(16)
Upon seeking to enforce statutory rights under this section, customers must be

provided with information, by the trader, about their rights regarding rejection,

repair or replacement of goods, or other remedies provided under sections 20 to

29 of this Act.’.

Clause Agreed to.

Stella Creasy

Stephen Doughty

Withdrawn  13

Clause  20,  page  11,  line  24,  at end insert—

‘(a)
within 30 days of agreeing that a refund is to be paid, and

(b)
using the same payment method used in the original transfer.

(9A)
Where the trader fails to ensure an entitled refund under subsection (9) is

provided within 30 days, the consumer is entitled to seek damages from the trader

commensurate with the impact of any loss caused by this delay, unless the

consumer has decided to waive this right to a refund within this timeframe.’.

Stella Creasy

Stephen Doughty

Withdrawn  19

Clause  20,  page  11,  line  24,  at end insert—

‘(9A)
A consumer shall not be obliged to incur any costs when returning rejected goods

except those incurred in returning the goods to the place where they acquired

physical possession of the same goods.’.

Stella Creasy

Stephen Doughty

Not called  14

Clause  20,  page  11,  line  27,  after ‘transferred’, insert ‘within 30 days of agreeing

that a refund is to be provided’.

Stella Creasy

Stephen Doughty

Not called  15

Clause  20,  page  11,  line  27,  at end insert—

‘(10A)
Where a trader fails to ensure an entitled transfer under subsection (10) is

provided within 30 days the consumer is entitled to seek damages from the trader

commensurate with the impact of any loss caused by this delay.

(10B)
Damages shall not be awarded if—

(a)
the consumer has decided to waive this right to a return of whatever was

transferred within this timeframe, or;

Public Bill Committee Proceedings: 25 February 2014
11

Consumer Rights Bill, continued

(b)
such a timeframe could not be considered reasonable given the transfer

in question.’.

Stella Creasy

Stephen Doughty

Not called  16

Clause  20,  page  11,  line  31,  after ‘transferred’, insert ‘within 30 days of agreeing

that a refund is to be provided.

(11A)
Where a trader fails to ensure an entitled transfer under subsection (11) is

provided within 30 days the consumer is entitled to seek damages from the trader

commensurate with the impact of any loss of income from this delay on them.

(11B)
Damages shall not be awarded if—

(a)
the consumer has decided to waive this right to a return of whatever was

transferred within this timeframe, or;

(b)
such a timeframe could not be considered reasonable given the transfer

in question.’.

Stella Creasy

Stephen Doughty

Not called  17

Clause  20,  page  11,  line  34,  at end insert—

‘(12A)
Any refund under subsection (12) shall be paid—

(a)
within 30 days of agreeing that such a refund is to be provided, and

(b)
using the same format for payment used in the original transfer for which

they are receiving the refund.

(12B)
Where the trader fails to ensure an entitled refund under subsection (12) is

provided within 30 days the consumer is entitled to seek damages from the trader

commensurate with the impact of any loss caused by this delay.

(12C)
Damages shall not be awarded if—

(a)
the consumer has decided to waive this right to a return of whatever was

transferred within this timeframe, or

(b)
such a timeframe could not be considered reasonable given the transfer

in question.’.

Stella Creasy

Stephen Doughty

Not called  18

Clause  20,  page  11,  line  37,  at end insert—

‘(13A)
Any refund under subsection (13) shall be paid—

(a)
within 30 days of agreeing that such a refund is to be provided, and

(b)
using the same format for payment used in the original transfer for which

they are receiving the refund.

(13B)
Where a trader fails to ensure an entitled refund under subsection (13) is provided

within 30 days the consumer is entitled to seek damages from the trader

commensurate with the impact of any loss caused by this delay on them, unless

the consumer has decided to waive this right to a return of whatever was

transferred within this timeframe.’.

Clause Agreed to.

Public Bill Committee Proceedings: 25 February 2014
12

Consumer Rights Bill, continued

Clause 21 Agreed to.

Stella Creasy

Stephen Doughty

Withdrawn  20

Clause  22,  page  13,  line  23,  at end insert—

‘(4A)
The consumer may defer the commencement of the short term right to reject

goods if they stated at the time of purchase that they wish to defer the use of the

goods to a specific date and can reasonably be expected to delay the use of the

goods.’.

Clause Agreed to.

Stella Creasy

Stephen Doughty

Withdrawn  21

Clause  23,  page  14,  line  3,  leave out ‘a reasonable time’ and insert ‘30 days, unless

an alternative timescale is agreed with the consumer prior to the commencement of any

repair activity,’.

Stella Creasy

Stephen Doughty

Not called  22

Clause  23,  page  14,  line  22,  at end insert ‘, and

(c)
the financial impact on the consumer of the completion of any repair that

takes longer than 30 days.’.

Stella Creasy

Stephen Doughty

Withdrawn  23

Clause  23,  page  14,  line  32,  at end add—

‘(9)
Where the quality of provision of goods has been deemed to be hazardous or so

poor as to cause the consumer to reasonably lose confidence in the traders’ ability

to provide goods, the consumer may refuse a repair and exercise their right to

reject under section 20.’.

Clause Agreed to.

[Adjourned until Thursday at 11.30 am



© Parliamentary copyright	Revised 26 February 2014