You Were Misled About a Purchase
If a trader made a false or misleading statement about a product or service that caused you to make a purchase you would not otherwise have made, you may have statutory rights to unwind the transaction and claim damages under consumer protection legislation.
Quick Answer
The Consumer Protection from Unfair Trading Regulations 2008 (CPUTR) give you a right to unwind a contract within 90 days and a right to damages where a trader made a misleading action or omission that caused your decision to purchase. The Consumer Rights Act 2015 provides alternative remedies including the right to reject, repair, or replacement for goods that do not match their description.
Full Explanation
The Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277) implement the Unfair Commercial Practices Directive. Regulation 27A–27K (inserted by the Consumer Protection (Amendment) Regulations 2014) give consumers private rights to unwind a contract, seek a price reduction, or claim damages where they have been the victim of a misleading action (reg 5), misleading omission (reg 6), or aggressive commercial practice (reg 7).
A misleading action occurs where a trader provides false information, or presents information in a way that is likely to deceive the average consumer, relating to the nature, main characteristics, price, or other key features of the product. A misleading omission occurs where a trader omits or hides material information that the average consumer needs to make an informed decision. Both require a causal link — the misleading act or omission must have caused you to enter into the transaction.
The right to unwind (cancel and receive a full refund) is available within 90 days of the transaction. After 90 days, only a right to a price reduction or damages is available. Damages under reg 27I can cover consequential financial loss beyond the purchase price.
Alternatively, the Consumer Rights Act 2015 provides that goods must be as described (s.11), of satisfactory quality (s.9), and fit for purpose (s.10). Where goods do not match the description, the buyer has a right to reject within 30 days for a full refund, or to a repair or replacement up to 6 years from purchase.
For online purchases, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provide a 14-day cooling-off period during which you can cancel for any reason.
Legal Basis
- §Consumer Protection from Unfair Trading Regulations 2008 regs 5, 6, 27A–27K — misleading actions and omissions; private rights to unwind, price reduction, and damages
- §Consumer Rights Act 2015 ss.9–11 — goods must be of satisfactory quality, fit for purpose, and as described
- §Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 — 14-day cooling-off period for distance contracts
What To Do
Write to the Trader Citing CPUTR and Request Unwind or Refund
Send a formal letter or email to the trader identifying the misleading statement, when it was made, and how it caused you to purchase. Invoke your right to unwind the contract under Consumer Protection from Unfair Trading Regulations 2008 reg 27E (within 90 days) or your right under the Consumer Rights Act 2015 to a refund for goods not as described. Give a 14-day deadline to respond.
Report to Trading Standards
Report the trader to the Citizens Advice consumer helpline (0808 223 1133), which passes serious cases to Trading Standards. Trading Standards have enforcement powers under the CPUTR and can take action against traders who persistently mislead consumers.
Use Chargeback or Section 75 If Paid by Card
If you paid by credit card and the purchase was over £100, s.75 of the Consumer Credit Act 1974 makes the credit card company jointly liable for the trader's misrepresentation. Contact your card provider and make a s.75 claim. For debit card payments or credit card payments under £100, use the Visa/Mastercard chargeback scheme within 120 days of the transaction.
Issue a Small Claims Court Claim
If the trader refuses to refund and the amount is under £10,000, issue a claim in the County Court small claims track via Money Claim Online. You can claim the purchase price plus consequential losses caused by the misrepresentation.
Important Deadlines
Important Warnings
The 90-day right to unwind under CPUTR runs from the date you entered the contract — not from when you discovered the misrepresentation. Act promptly.
Trader terms and conditions cannot exclude or restrict your statutory rights under CPUTR or the Consumer Rights Act 2015 — any such exclusion is unenforceable (CRA 2015 s.31).
If the trader is based outside the UK, enforcement is significantly harder. Your best route may be chargeback or s.75 via your card provider.