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.

Winning a faulty goods dispute — whether with the retailer directly, through chargeback, via Section 75, or in the small claims court — depends heavily on the quality and organisation of your evidence. This section explains what to gather, how to use the most powerful consumer finance tools, and what to do when a product is dangerous rather than merely defective.

Building your faulty goods evidence pack: Assemble the following before submitting any formal complaint: proof of purchase (receipt, order confirmation, bank statement); photographs of the fault, taken as soon as it appears and before any attempt at repair; a description of when the fault first appeared and how it developed; evidence that you have not misused the product (user manual showing you used it within its specifications); communications with the retailer including their response to your initial complaint; and, for faults appearing after six months, an independent assessment report from a qualified technician confirming the fault is inherent (not caused by misuse or wear and tear) and estimating the likely cause. The independent report is the single most important document for faults outside the six-month reversal-of-burden period.

Section 75 of the Consumer Credit Act 1974 — using it for faulty goods: If you paid more than £100 by credit card and the goods are faulty, Section 75 gives you a direct right of action against your credit card issuer that is identical to your right against the retailer. This is particularly valuable where: the retailer has refused your claim without legal justification; the retailer has gone out of business; or the retailer is based overseas and enforcement would be difficult. To use Section 75: write to your credit card issuer stating you are making a Section 75 claim; explain the breach of contract (the goods were not of satisfactory quality under the Consumer Rights Act 2015); enclose your evidence. The issuer is jointly liable — they cannot ask you to exhaust remedies against the retailer first, though providing evidence of your attempts to resolve it with the retailer makes the claim more straightforward.

Office for Product Safety and Standards (OPSS) and product recalls: The OPSS is the national market surveillance authority for product safety. It investigates safety risks from consumer products and can: issue recall notices requiring manufacturers to withdraw dangerous products; impose import bans; and take enforcement action against retailers and manufacturers who sell unsafe goods. If you discover a dangerous product defect — a fire risk, a structural failure, a toxic material — report it to OPSS at gov.uk/report-an-unsafe-product and to Trading Standards. Your report may trigger a wider investigation that protects other consumers. Retain the product (do not use it) until safety authorities have had the opportunity to inspect it if requested. If you have been injured by a defective product, seek both legal advice about a Consumer Protection Act 1987 claim and medical advice, and report the injury to OPSS.