Written answers
Monday, 9 September 2024
Department of Enterprise, Trade and Employment
Consumer Rights
Seán Canney (Galway East, Independent)
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468.To ask the Minister for Enterprise, Trade and Employment the protection that exists for consumers of medical services, when they have paid the professional involved and that professional closes the business without providing the services that were paid for in circumstances (details supplied); and if he will make a statement on the matter.[34548/24]
Dara Calleary (Mayo, Fianna Fail)
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My Department has no direct role in relation to the provision of medical services, and my colleague, the Minister for Health, would be best placed to offer further information on this matter.
In general terms the Consumer Rights Act 2022 provides strong and clear consumer rights and remedies when buying goods and services. If a business has not met its legal obligations in relation to providing a service it has to fix the issue. If a business does not fix the issue as set out in the Consumer Rights Act 2022, a consumer can take other actions.
The Consumer Rights Act 2022 does not apply to contracts concluded prior to the commencement of the Act on 29 November 2022 and in those circumstances the Sale of Goods and Supply of Services Act 1980 applies to certain consumer goods and services contracts. Under the 1980 Act, when a consumer pays for a service they can expect the service is carried out with proper care and attention. If this is not the case, a consumer is entitled to revert to the service provider and seek for them to either put right the wrong or provide a full or partial refund of the amounts paid. Consumers may also submit a formal complaint to the business seeking a refund. Failing a satisfactory outcome at this stage there may be a number of options available to pursue the matter further.
The Small Claims Process (SCP), is one such option which can accept cases up to the value of €2,000 and further information on the Small Claims Procedure, is available on the Competition and Consumer Protection Commission (CCPC) website, ccpc.ie.
In respect of company law, the Companies Act 2014 sets down a framework and directors and companies are expected to operate within its requirements.
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