Faulty Goods and Product Complaints

Looking for something else? See our guide on your legal rights under the Consumer Rights Act or how to complain to a retailer.

Within the first 6 months of purchase, there is a legal presumption that a fault was present at the time of sale unless the retailer can prove otherwise. This reverses the burden of proof in your favour — you do not need an expert report to establish your right to a remedy in most cases.

After 6 months, the burden shifts and you must prove the fault existed at the time of sale. In practice, this means you may need:

• An independent assessment report from a qualified technician confirming the fault and its likely cause
• Evidence that the fault is not due to misuse, accidental damage, or normal wear and tear
• Documentation showing the product has not been subjected to conditions outside its specifications

Assessment reports from independent repairers can usually be obtained for a modest fee and are often worth the cost for higher-value items.

If the retailer refuses your claim or offers an inadequate remedy (such as offering a repair when you are entitled to reject within 30 days), your options are:

• Chargeback: Contact your debit or credit card provider and request a chargeback under Visa or Mastercard rules, on the grounds that the goods were not as contracted.
• Section 75 claim: For purchases over £100 on a credit card, your card issuer is jointly liable with the retailer under Section 75 of the Consumer Credit Act 1974. This means you can claim against the card issuer directly if the retailer refuses your claim.
• ADR scheme: Some retailers are members of an approved ADR scheme — check their terms and conditions.
• Small claims court: For amounts up to £10,000, issue a claim online at gov.uk/make-court-claim-for-money. The court fee is modest and many retailers settle before the hearing date.

If a product is dangerous or poses a safety risk, report it to the Office for Product Safety and Standards (OPSS) and to Trading Standards (via Citizens Advice). OPSS can investigate safety concerns and issue product recalls. Never continue using a product you believe poses a safety risk.

If you have been injured by a faulty product, you may have a claim under the Consumer Protection Act 1987 against the manufacturer (not the retailer) for personal injury caused by a defective product. This is a separate claim from your Consumer Rights Act claim for a refund. Seek legal advice — personal injury claims typically have a three-year time limit.