Consumer Rights on a Faulty Product.

The Consumer Rights Act dictates that all products sold by a retailer should be fit for purpose, of a satisfactory quality, and accurately​ described.

If you have recently bought a product from a business that develops a fault, you generally have the right to a replacement, free repair or a full refund. Older purchases should still last a suitable amount of time and remain defect free for the period of its guarantee or warranty.

There are various options available to you to help resolve a problem with a purchase that develops a fault, many of which you can undertake yourself. But if that fails you may want to consider taking court action to get the matter resolved and secure compensation for the faulty goods.
​

Faulty Product Definition.

Satisfactory Quality

Goods should be free of fault and any damage when received or delivered.

Fit for purpose

Products sold should be suitable for the reason they have been supplied for and last a reasonable amount of time.

As described

Goods must match the description provided to you along with any demonstration that you were given prior to purchase.

How to complain about faulty goods.

If a fault develops soon after you purchased an item, or if it was faulty straight away, then you are entitled to a full refund from the retailer. For a refund to be given you must give the seller clear notification that the item is rejected within 30 days of purchase.

Most disputes for faulty goods can be handled through a company's complaints process if done the correct way, such as:
​

1. Get in contact with the retailer and inform them you would like a full refund. As long as the item is obviously faulty and it is within 30 days since your purchase you should automatically be entitled to a refund.
2. Should the purchase date be over 30 days or the retailer refuses to deal with you, consult the manufacturer's warranty to check that it is still covered and consider raising the matter with them direct.
3. If the manufacturer or retailer rejects your request ask for a copy of their complaints procedure and write a formal letter to their dedicated customer care department, complaints team or a senior manager.
4. In the event the retailer or manufacturer informs you that nothing can be done, check to see if they are a member of an ombudsman scheme and consider escalating the matter to them.

If after all these steps the supplier, manufacturer or retailer still does not offer a suitable refund or replacement then you need to consider taking your case to the small claims court who can ultimately resolve your faulty product claim. But for this step you need to consider:

• Proving the fault exists, the relevant consumer regulations and your chance of winning in court
• The costs of issuing a claim and a the small claim hearing fee
• The time involved in compiling evidence, completing court forms and attending a court hearing

Then, the next step is to write again to the party you are holding responsible to reject the faulty goods under the Consumer Rights Act 2015 and inform them that unless you receive a resolution within 14 days you intend to take the matter to the small claims court. This is known as a 'Letter Before Action' and further details on the whole process along with an example letter can be found in our free faulty goods eBook.

Once the court is involved, gaining compensation for damaged goods can become a complicated process and so you may wish to seek legal advice before incurring the cost of issuing court proceedings.
​​

Faulty Product Solicitors.

We offer a free downloadable guide which will take you through the various stages and steps to resolve a dispute after being sold a faulty item. The guide also includes template letters which can help you deal with the retailer to reach a resolution.

​If the retailer still doesn't resolve the matter to your satisfaction and inline with your consumer rights, our guide will also provide an overview of the next step of legal action. If however at this point you prefer to gain legal advice, we offer a fixed fee review service where a solicitor will review your pre-litigation/legal action dispute, consider the merits of your claim and if appropriate draft a Letter Before Action to the supplier. Often a letter from solicitors can be sufficient to achieve a response and dialogue, as it demonstrates that you have sort legal advice and you are serious about taking court action to resolve.

Should a letter following our review not achieve a settlement or solution, we can then offer further fixed fee services to issue your claim in the small claim court.

Free Guide and Template Letters

Our free guide provides an overview of the complaint and small claim process on dealing with faulty goods

• A free guide on the process of resolving and claiming after receiving a faulty product
• Template letters to adapt and send to the retailer or trader, including a Letter Before Action
• Overview of making a claim in the Small Claims Court

Free

Consumer Dispute Legal Advice

If the retailer is refusing to replace or refund the faulty item, our fixed fee consumer legal advice gets you access to a consumer dispute lawyer at an affordable price

• For a fixed fee we will:
• Review your dispute and supporting documentation
• Establish the prospects, risks and merits of a legal claim
• Provide you with a detailed letter of advice with a suggested course of action
• Organise a telephone call with your lawyer for any further clarification
• If appropriate, draft a letter to the other party based on the advice provided
• If required, provide a cost estimate for any further legal or court action that you may wish to pursue

£ 330 inc VAT

Issue Small Claim Proceedings

If following our legal advice service and sending a Letter Before Action your dispute has not been resolved, we can commence formal legal proceedings on your behalf

• For a fixed fee we will:
• Draft a County Court claim form and particulars of claim
• Issue a claim form and particulars at the court against the other party
• If the defendant fails to pay or respond to the court within 14 days, we will request judgment is entered against them
• Inform the other party of the court judgment and demand immediate payment or face enforcement action
• Advise on your judgment enforcement options
£ 240 inc VAT
* plus court issue fee (£35-£410) depending amount being claimed, which will attempted to be recovered as part of your small claim

Our fixed fee Consumer Dispute Legal Advice service includes considering up to 20 pages of supporting documentation (orders, contract terms, emails, expert reports, photographs etc.). If your dispute involves extra documentation that requires considering, we may need to charge a higher fee to cover the additional reading time involved. However we will always confirm any additional fee before commencing the work.
​
​These services are suitable for most small claims where legal advice has not previously been obtained, are valued under £10,000 and incurred in England or Wales. If the amount you wish to recover is greater than £10,000 we may still be able to help so please contact us with details.
​

Legal Advice on Faulty Products.