Faulty Goods: What Can I Do?

I think my statutory rights have been breached so what can I do about it?

The following information is relevant to goods purchased after 31st March 2003

In the first instance it is always worth trying to resolve the problem with seller as soon as the problem arises. Most sellers are aware of their responsibilities and exchange goods or give refunds without an argument. However it is always worth being aware of your rights - so if your rights have been breached you may be entitled to:

If the goods are not of satisfactory quality, but only contain a minor defect, you can often only reject them if a 'reasonable person' would consider the defect to make the goods as a whole unsatisfactory. So if you purchased a fridge and one of the shelves were faulty it may not be considered reasonable to reject the goods as a whole if the shelf can be easily replaced.

If there has been a breach of contract and you have suffered a loss because of it you may also be entitled to compensation - you should seek further advice in these cases as soon as possible.

If the trader does not accept that your statutory consumer rights have been breached, it will be up to them to prove that the goods confirmed with the contract within the first six months of purchase, if the purchase was made more than six months ago, then it is your responsibility to prove that the goods are faulty and that the problem existed when the goods were first purchased. So collect as much evidence as you can in support of your complaint.

If you are entitled to reject the goods and get a refund, you are entitled to all of your money back. Again you may also be entitled to compensation, if this is the case seek further advice. You should also seek further advice if you bought the goods under a hire purchase agreement.

If you bought the goods on credit, the responsibility for a refund will depend on the type of credit agreement you have made.

If you paid by credit, and the cost of the goods was more than £100 and less than £30,000, you may be able to make a claim against the credit provider under the equal liability provisions of the Consumer Credit Act 1974. This avenue may be used when, for example, the trader goes out of business. See the separate section on this provision.

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