Faulty Goods: What Your Rights Actually Are Before You Accept ‘No’
Buying something that turns out to be faulty is frustrating, whether it’s a sofa that arrives damaged, a…
Consumer Law — Our Practice Areas
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Faulty Goods — goods must be of satisfactory quality, fit for purpose, and as described. 30-day right to reject, repair and replacement rights, and 6-year claim period under the Consumer Rights Act 2015.
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Poor Service Disputes — services must be performed with reasonable care and skill, within a reasonable time, and at a reasonable price. Claims against builders, tradespeople, and service providers under the Consumer Rights Act 2015.
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Car Purchase Disputes — used and new car rejection, mileage discrepancies, hidden defects, finance agreement disputes, and dealer misrepresentation claims under the Consumer Rights Act 2015 and Misrepresentation Act 1967.
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Mis-Selling Claims — mis-sold financial products, PPI reclaims, unsuitable investment advice, and pension mis-selling. FOS complaints and civil claims against FCA-regulated firms under FSMA 2000.
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Unfair Contract Terms — unfair terms in consumer contracts are unenforceable under Part 2 of the Consumer Rights Act 2015. Excessive cancellation fees, hidden charges, and disproportionate liability clauses challenged.
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Consumer Credit Disputes — section 75 Consumer Credit Act 1974 claims against credit card providers, unfair credit relationships, PCP finance mis-selling, and irresponsible lending complaints.
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Travel & Holiday Disputes — package holiday claims under the Package Travel Regulations 2018, airline passenger rights (EC 261/2004), and hotel or resort negligence claims.
Your Key Rights Under the Consumer Rights Act 2015
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30-day right to reject (goods) — if goods are faulty within the first 30 days, you have a short-term right to reject and receive a full refund. The 30 days starts from delivery (or when you take ownership of the goods). After 30 days, you are entitled to one repair or replacement attempt before a partial or full refund.
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6-month reverse burden — for the first 6 months after purchase, if a fault appears it is presumed to have existed at the time of sale. The business must prove the goods were of satisfactory quality at the time of sale — you do not need to prove the defect was present at purchase.
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Up to 6 years to claim (contract) — even after the 6-month reverse burden period ends, you have up to 6 years from the date of purchase (5 years in Scotland) to bring a claim for goods that were not of satisfactory quality at the time of sale, though you bear the burden of proving the defect.
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Services — reasonable care and skill — services must be carried out with reasonable care and skill. Where a service is not, the trader must repeat it (where possible) or give a partial or full price reduction. Services must also be completed within a reasonable time and at a reasonable price (where not pre-agreed).
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Frequently Asked Questions
Do I need a solicitor for a consumer dispute?
For straightforward claims below £10,000, the Small Claims Track (Part 27 CPR) is designed to be used without legal representation — costs are not typically awarded in the small claims track, so legal fees are each party's own responsibility. However, where a claim exceeds £10,000, where the law is disputed, where the defendant is a large corporation with legal representation, or where the claim involves complex financial mis-selling or credit agreements, specialist legal advice significantly improves your prospects and the value of recovery. A solicitor advises on whether the claim merits legal representation at the outset.
Can I use my credit card to get a refund under Section 75?
Yes — section 75 of the Consumer Credit Act 1974 makes the credit card provider jointly and severally liable with the trader for any breach of contract or misrepresentation where the cash price of the goods or services was more than £100 and no more than £30,000. The claim is against the credit card company directly — you do not need to pursue the trader first. This is particularly valuable where the trader has become insolvent. The credit card claim for a holiday that was not provided, goods that were not delivered, or a service that was not as described is straightforward.
What is the Alternative Dispute Resolution (ADR) route for consumer claims?
Many regulated sectors have their own ADR or ombudsman schemes that must be used before (or instead of) going to court: the Financial Ombudsman Service (FOS) for financial services complaints (up to £415,000 per complaint as of 2024); the Legal Ombudsman for solicitor complaints; the Retail Ombudsman for retail disputes; CISAS/Ombudsman Services for telecoms; and the Energy Ombudsman. Using the ADR route is often faster and free to consumers. A solicitor advises on whether ADR or court proceedings is the better route for your specific claim.
The trader is based abroad — can I still claim?
Possibly. Where goods were purchased online from an EU-based retailer, EU consumer protection rules and jurisdiction clauses may apply. Where the purchase was made by credit card, a section 75 claim against the UK-based credit card provider is often the most practical route regardless of the seller's location. For travel and holiday claims, the Package Travel Regulations 2018 impose liability on the UK-based organiser regardless of where the services were physically provided. A solicitor advises on jurisdiction and the most effective route for claims involving foreign traders.
Can I claim for distress and inconvenience as well as financial loss?
Yes — in consumer contract claims, courts can award damages for distress, disappointment, and loss of enjoyment where the purpose of the contract was to provide enjoyment or relaxation. This principle — established in Jarvis v Swans Tours [1973] and affirmed in cases involving ruined holidays, failed events, and disappointed expectations — means that a consumer whose package holiday was wholly inadequate can recover damages beyond the cost of the holiday itself, for the distress and loss of enjoyment caused by the failure.