Consumers Rights Act

Your rights and options if you buy faulty goods

Consumers Rights Act 2015

With UK consumers spending approx £90 billion a month it is only right that the Consumers Rights Act is clear and easy to understand meaning that consumers can buy and businesses can sell to them with confidence. Transparent rights help make better choices when buying and can save time and money.

Under the Consumer Rights Act 2015, traders are legally responsible to sell goods which are:

·        ‘As described’, meaning the actual product must match any description given to the customer before purchase by which the goods are identified.

·        ‘Of satisfactory quality’, that is they are of a standard that would reasonably be expected taking into consideration the price paid and description. In appropriate circumstances the quality of the goods will include freedom from minor defects, durability, safety, and appearance and finish.

·        ‘Fit for all purposes’ made known to the seller at the time of purchase
 

The act states that if goods turn out to not fulfil any of these criteria, you have the right to demand a refund from the seller unless you have accepted the goods. The act provides that goods have been ‘accepted’ by the buyer where:

·        You tell the seller you have accepted them;

·        You do something to or with them which prevents you from giving the goods back in their original state, such as altering, consuming or damaging them;

·        You keep the goods for 30 days without rejecting them.

It is a good idea to report any fault to the seller as soon as you become aware of it. If you do wish to reject the goods you must give clear notice of this to the seller.
 
If you allow 30 days to elapse then you no longer have an automatic right to reject goods, but you are still entitled to get the item repaired or replaced for free instead. Goods which do not conform to the contract at any time within the period of six months from delivery of the goods are taken not to have conformed to it on delivery and there are things you can ask the seller to do to resolve those issues.

How to get a refund for faulty goods

You must give the seller clear notice that the item is rejected within 30 days for a refund to be given. If a fault develops soon after you purchased an item, or if it was faulty straight away, meaning the goods are not of satisfactory quality, then you are entitled to a full refund from the retailer.

STEP 1. Contact the retailer
 
Tell them you want to reject the item and would like a full refund. If the item is genuinely faulty and 30 days have not elapsed since the purchase, you should get a refund.
 
You will probably need to provide proof of purchase but remember this doesn’t always have to be a receipt. It can be a credit card or bank statement, a witness, a cheque stub or any other evidence
 
STEP 2. If the retailer rejects your claim
 
Check to see if the faulty goods are covered by the manufacturer's guarantee. If they are then tell the manufacturer about the fault and ask for a refund.

STEP 3. If neither the retailer nor manufacturer offers a refund
 
Write to the retailer again formally rejecting the faulty goods under the Consumer Rights Act 2015. Explain that you will take the matter further.
 

STEP 4. If the retailer still does not offer a refund

At this point you may want to consider getting the item replaced or repaired instead. If, however, you are adamant that you want a refund, you may be able to take the case to the court.

STEP 5. Seek legal advice
 
If none of the above has worked it is now a good time to seek legal advice to assist. Our Litigation team can send a “letter before action”, which is often enough to get a positive response from the seller. 

STEP 6. Taking it to court

Taking a case to court should always be a last resort and we advise doing all the above steps before considering taking it further. But sometimes these steps don’t always work and cases do end up in court.
 
For claims up to £10,000 you can look to take the case to the County Court as a small claims matter. Our Litigation team can help you by completing the claims paperwork to make sure it is correct before submitting it or you can do it yourself.  We offer advice for every step involved and you can dip in and out of our advice, dealing with as much or as little as you would like. There will be a court fee to issue your claim and the fees can be checked here https://www.gov.uk/make-court-claim-for-money/court-fees
 
Claims over £10,000 can be issued through the County Court. Again, our experienced Litigation team are on hand to help guide you through this process, and we would advise that legal advice is sought throughout this process. If you are successful in your claim you can request the Defendant repay the legal fees you have incurred. Equally, if you are unsuccessful you may be ordered to pay the Defendants legal fees. 



Faulty goods paid for with a credit card

If you paid for the faulty goods with a credit card and they cost between £100 and £30,000, the credit card company will be jointly liable with the seller if the goods are not of satisfactory quality; this would mean you are entitled to a refund from either the seller or your credit card provider under Section 75 of the Consumer Credit Act. You can also use this method if the retailer goes out of business after you buy the faulty goods.

How can we help?

Our Litigation team are here to help you as little or as much as you'd like. Our experienced team are able to provide you with clear advice to get the results you would like. We are just a click or call away.