Consumers who believe they have been misled by service descriptions or had their property access blocked may have legal recourse, according to advice from consumer rights expert Dean Dunham.
One case highlighted involved a couple who booked a two-week luxury coach holiday to Italy, with the brochure promising 'generous' seats described as '32 per cent bigger than those on budget airlines.' However, the seats allocated to the couple were near a side door and a toilet, offering less legroom and comfort.
Dunham explained that under the Consumer Rights Act 2015, services must be performed with reasonable care and skill and must match claims made by the seller that influenced the booking. The brochure's description of the seats forms part of the contract, and if the reality fell short, the consumer is entitled to a remedy, typically a price reduction.
Furthermore, the specific claim that seats were '32 per cent bigger than those on budget airlines' is a measurable, factual assertion. Under the Digital Markets, Competition and Consumers Act 2024, traders must not provide misleading information. If the seats were demonstrably not 32% larger, this could constitute a misleading action, with the Competition and Markets Authority (CMA) as the regulatory body.
To pursue a claim, consumers are advised to write to the company citing the Consumer Rights Act 2015 and detailing the mismatch between the brochure and the actual service, providing photographic evidence. If the company rejects the claim, reporting the matter to the CMA for a potential breach of the DMCC is suggested. If payment was made by card, a chargeback or Section 75 claim could also be pursued.
In a separate scenario, a homeowner found their parking space blocked by scaffolding erected by a neighbor for house renovations. The police and council stated they could not intervene, classifying it as a civil matter.
Dunham clarified that if the homeowner has a long-standing, uninterrupted use of the alleyway to access their parking space, a legal right of way likely exists. This can be established through title deeds or by prescriptive easement arising from continuous use. Blocking such a right of way constitutes a civil wrong, known as nuisance.
Homeowners in this situation are advised to first check their property deeds for any explicit right of way. Subsequently, they should write to the neighbors and their contractor, asserting their legal right of access and demanding the removal or repositioning of the scaffolding. Keeping records of evidence, including photographs and details of any disruption, such as a missed meeting, is important. If the obstruction persists, a legal claim for nuisance and an injunction to compel the removal of the obstruction can be sought through the courts.