“This product is rubbish” - Top tips for consumers
Released On 28th May 2024
Faulty Product
Under the Consumer Rights Act 2015, products purchased must be of satisfactory quality, fit for purpose and as described. If this is not the case, the product is faulty and the retailer who has sold the product to you is in breach of the Consumer Rights Act 2015. Below we set out the options that may be available to you to resolve your faulty product dispute.
1. Write a complaint to the retailer – As soon as you notice the issue, contact the retailer you purchased the product from and set out the reasons why the product is faulty. Send an email or letter so that you have written evidence of your complaint. Showing photos of the faulty product (or faulty parts) will likely strengthen your case.
If you have owned the product, had it delivered, or installed within the last 30 days, you can claim a full refund for the faulty product. Exceptions may apply to downloads or perishable goods. After this time, the retailer must have the opportunity to repair or replace the faulty item before you can claim a refund. Products can be repaired or replaced for free up to six years after purchase. However, after six months from the purchase date, you have the obligation to prove the fault was present at the time of purchase.
2. Escalate your complaint – If the retailer has failed to respond to your written complaint or your concerns have not been properly addressed, you may be able to escalate your complaint using the retailer’s internal complaint procedure. This typically involves contacting the customer services number or using a help desk chat.
3. Submit your complaint to the relevant Ombudsman – If the retailer is an Ombudsman-accredited business, you may be able to refer the faulty product dispute to the relevant Ombudsman. An Ombudsman is a certified, free, and impartial dispute resolution provider. You can search for the relevant Ombudsman by selecting the “retail goods and services” category on the following link: https://www.ombudsmanassociation.org/find-ombudsman.
Resolutions may include:
- an apology;
- an explanation of what went wrong;
- a practical action to correct the problem; and/or
- a financial award.
4. Complain to the manufacturer using a guarantee or warranty – If the retailer rejects your complaint, you may be able to claim against the product manufacturer using a guarantee or warranty if it covers the present fault. You will typically be asked for proof of purchase, details of the fault, and a copy of the guarantee or warranty.
5. Issue a claim – As a last resort, you may issue a claim on the small claims track where the faulty product costs less than £10,000. You do not require legal representation on the small claims track. This may be the cost-effective option where products are of smaller value. Organisations such as Citizens Advice offer free, impartial, and non-judgemental advice to help guide you when issuing claims without a legal advisor.
Alternatively, if the product costs more than £10,000 or if you have exercised all the above options and you would like assistance in issuing proceedings against the retailer or manufacturer, the Commercial Litigation Team at Porter Dodson would be happy to help. To arrange a follow up consultation, please contact Tara Searle at Tara.Searle@porterdodson.co.uk.
