If a business tries to rely on a contract term that seems unreasonable, heavily one-sided, or unclear, the Consumer Rights Act 2015 gives you strong protection.

Unfair terms are not legally binding on consumers. You do not have to comply with them simply because they appear in a contract.

To understand what makes a term unfair, see Unfair Terms – What the Law Says. For a wider explanation of the legislation, see Consumer Rights Act 2015 Overview.

Step 1: Challenge the Term Clearly

Write to the business and state clearly that you believe the term is unfair under the Consumer Rights Act 2015.

You can say:

  • “This term creates a significant imbalance against me as a consumer.”
  • “Under the Consumer Rights Act 2015, unfair terms are not legally binding.”
  • “I do not accept this term because it is unfair.”

You do not need complicated legal wording. A clear written statement is sufficient.

Step 2: Explain Why the Term Is Unfair

A term may be unfair if:

  • It was hidden in small print.
  • It was not clearly explained before you agreed.
  • It allows the business to change key terms without notice.
  • It prevents cancellation without excessive penalties.
  • It removes your right to a refund or complaint.
  • It benefits only the trader and not the consumer.

Give practical examples of how the term disadvantages you.

Step 3: Ask for a Fair Resolution

You can request that the business:

  • Does not apply the unfair term.
  • Removes the term from the agreement.
  • Offers a reasonable alternative.
  • Honours your statutory rights (refund, cancellation, repair, etc.).

Many disputes are resolved once it is clear that the consumer understands the law.

Step 4: Escalate Within the Company

If frontline staff refuse to help:

  • Ask for a manager.
  • Contact head office.
  • Submit a formal written complaint.

State clearly that you believe the term breaches consumer protection law.

Step 5: Report the Business

If the business continues to rely on the unfair term, you can report them to Citizens Advice Consumer Service.

Citizens Advice can record the complaint and pass serious or repeated breaches to Trading Standards.

Step 6: Consider Alternative Dispute Resolution

Some businesses belong to an Alternative Dispute Resolution (ADR) scheme. These are independent bodies that review complaints and make decisions.

The trader must tell you if they are a member of an ADR scheme.

Step 7: Send a Letter Before Action

If the matter is not resolved, you may need to send a formal Letter Before Action.

This sets out:

  • The facts.
  • The legal basis of your claim.
  • The remedy you are seeking.
  • A clear deadline (usually 14 days.)

This often prompts settlement before court proceedings are started.

Step 8: Court Action

If necessary, you can issue a claim in the Small Claims Court.

The court can decide whether the term is unfair and whether it is enforceable. If the term is unfair, it will not be binding on you.

Key Point

You cannot sign away your basic consumer rights. If a term creates a serious imbalance or undermines your statutory protections, it is likely to be unenforceable.