Dealing with faulty goods Your rights - repair, refund or replace?

Has a product you've bought developed a fault? It's important to know the options open to you, including taking legal action if necessary, so you can make sure you can find a solution. 

'Rejecting' a faulty product

If you want to return a product and get your money back, under the Sale of Goods Act you have the right to 'reject' an item that is not of 'satisfactory quality'. 

As soon as you've noticed, you should note the retailer. You only have a limited time – usually only a few weeks – to reject something. Many retailers will offer a replacement, repair or refund without question, especially if the item is relatively new. 

If you don't want to reject something, or it's too late to, it's worth simply phoning or visiting the retailer to explain the problem. In the first six months from when you get an item, the onus is on the seller to prove the item was of satisfactory quality when you received it. If the seller simply says the problem must be due to something you've done, it's for them to prove that.

But if the retailer doesn't, you have several other options for getting the problem sorted.

Using guarantees and warranties

Most items are sold with a manufacturer's guarantee (or warranty), often for a year. Guarantees are a contract between you and the manufacturer and the manufacturer must do whatever they say they will do in the guarantee.

Usually this will be to repair or replace a faulty item.

However, a manufacturer's guarantee does not replace your rights under the Sale of Goods Act. It will depend on the product and the fault, but you may well be legally entitled to a free repair or, in some cases, a replacement for something you've bought for some time after the manufacturer's guarantee has expired.

If you paid by credit card

Under the Consumer Credit Act 1974, the credit card company is liable along with the trader for any breaches of contract or misrepresentations.

The goods must have cost more than £100 but not more than £30,000. You get the same protection when the retailer arranges finance for you to pay for an item.

Paying for things on your credit card when you're abroad is a particularly good idea, because you may be able to claim against your card company rather than have to try and deal with a retailer abroad.

You have the right to 'reject' an item that is not of 'satisfactory quality'

Your right to have an item repaired or replaced

Under the Sale of Goods Act, if something is not of 'satisfactory quality' you have the right have it replaced or repaired free. You can ask the retailer to do either, but it can normally choose to do whichever would be cheapest.

If the retailer refuses to repair the goods, you may have the right to arrange for someone else to repair it and then claim compensation from the retailer for the cost of doing this.

If the retailer refuses to provide any remedy, such as replacing the item, you can either have your money back minus an amount for the use you have had of it, or keep the item and get a reduction on the price you paid.

Taking your case further - how to take a claim to court

If you have exhausted all other options, you can take a claim to court. You have six years to take a claim to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.

There is now a requirement under the Civil Procedure Practice Direction on Pre-Action Conduct to set out any form of Alternative Dispute Resolution (ADR) that you consider the most suitable and invite the other party to agree to this, before issuing proceedings.

Obviously not all cases may be suitable for ADR, but it at least should be considered, along with the other requirements of the Practice Direction on Pre-Action Conduct, which should be looked upon as a form of 'best practice', otherwise the court could impose sanctions for failure to comply with the Practice Direction.

The Pre-Action Protocol sets out what is expected of the parties to a dispute and the efforts they should both make to keep the dispute out of court. The parties should be open about their claim and defence and shouldn't hold back information or documents.

If your claim is less than £5,000 in England and Wales (or £3,000 in Scotland and Northern Ireland), you can proceed through a small claims procedure. You are not expected to employ a legal representative in these courts, so the costs are much less.