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1 Reject and get a refund
If you bought the faulty pushchair before 1 October 2015 you're covered under the Sale of Goods Act and can reject it within three to four weeks and get a refund.
If you bought it after 1 October 2015 you're covered under the Consumer Rights Act and have 30 days to reject it and get a refund.
Make sure that if you want to to do this, you stop using your buggy and if possible, record the fault by taking photographs.
The shop may offer to take the pushchair back to see what it can offer you, but you must be clear that you want your money back and not a repair.
2 Get a repair or a replacement
If the fault occurs after four weeks, you can ask for a free repair or a replacement.
Within the first six months after purchase the onus is on the retailer to prove that the fault was not present at the point or purchase.
You can use our letter to request a repair or a replacement if the shop doesn’t want to fix or replace your pushchair.
3 Claim under warranty
If your pushchair is still under warranty you can claim for a repair or a replacement from the manufacturer.
Write to the manufacturer detailing the fault. If the manufacturer refuses to fix the pushchair use our letter to further the claim.
4 Claim from your credit card
If your pushchair cost more than £100 and you paid for it with a credit card, you may be able to claim your money back from your card issuer.
Under Section 75 of the Consumer Credit Act, the credit card company is jointly liable, along with the retailer, for a breach of contract.
Put your claim to the card company in writing using our template letter.
If you paid for your pushchair with a debit card, you may be able to claim using the chargeback system.
5 Take your claim to court
Court should be a last resort and you should do everything you can to resolve the dispute before taking this step.
If all your attempts fail or the retailer doesn't respond, you should ask yourself the following questions:
- Is the trader still trading?
- Do I have a good chance of winning my case in court?
- If I win, will I be able to recover the money from the other side?
- Is the amount at stake worth the cost of the court case?
Anyone considering starting court action in England and Wales (even in small claims) has to follow the Practice Direction on Pre-Action Conduct.
This gives you and the party you're in dispute with clear steps to follow to help you resolve the dispute.
And, if this isn't possible, the Practice Direction tells you the necessary steps to take your dispute to court.
You can use our guide on how to use the small claims court.