Dealing with faulty goods How to complain
Summary
A quick summary of your rights:
If something you buy is not of 'satisfactory quality' you can ask for a free replacement or repair
These rights may go well beyond the period of the guarantee
If you want a refund, you must normally 'reject' something within a few weeks of buying it
To 'reject' a product and get your money back
Step one
As soon as you realise there is a problem with the product, stop using it – if you have to make a legal claim, it may damage your case if you continue to use it after you know there is a problem.
Step two
Depending on the type of product, and how long you have had it, you have two main choices:
- Contact the retailer you bought it from and tell it about the problem. Tell them that you want to 'reject' the item and get your money back. Legally, you have only a 'reasonable' time (normally just a few weeks after you bought it) to reject something, but a reputable retailer may give you a refund as a goodwill gesture.
- If the product is within its guarantee period, check to see if the guarantee offers a refund in the circumstances you are in. If it doesn't you could still contact the manufacturer, explain the problem, and ask if it will give you a refund.
Step three
If the retailer or the manufacturer will not help, and you believe you are within the reasonable time for rejecting the item, write to the retailer (not the manufacturer) formally rejecting the product under the Sale of Goods Act.
If you think you are beyond the limit for rejecting the product, you should ask for a free repair or replacement – see below.
If you get no response from the retailer or if it has gone bust, and you paid for the item with a credit card, you can take your claim to the card company. You have the same right if you paid with finance that was arranged by the retailer.
To get a product replaced or repaired
Step one
Depending on the type of product and how long you have had it, do one of the following:
- Contact the retailer you bought it from. Tell them about the problem and ask for a replacement, or arrange to have it repaired. Ultimately, the retailer can choose which of these to do -normally depending on which is cheapest - but to begin with, you can ask for whichever you would prefer.
- If the product is within its guarantee period, check the terms of the guarantee. Find out if the manufacturer will offer a repair or replacement.
Step two
If the retailer or manufacturer will not help, write to the retailer (not the manufacturer) saying that, under the Sale of Goods Act, the item is not of 'satisfactory quality' and you are exercising your right to have it repaired or replaced. If it continues to fail to offer a remedy and you want to resolve the dispute through court action, start following the steps in the Practice Direction on Pre-action Conduct.
If you get no response from the retailer or if it has gone bust, and you paid for the item with a credit card, you can take your claim to the card company.
You have the same rights if you paid with finance that was arranged by the retailer.
