Consumer complaint route: retailer → ADR → small claim

When to use this route

You have bought goods or services that are faulty, not as described, or not delivered, and the retailer is refusing a remedy.

When NOT to use this route

If the trader is insolvent — pursue a Section 75 / chargeback claim against the card issuer instead. If your claim is over £100,000, the County Court small claims track is not available.

Prerequisites

• • Goods or services bought as a consumer (not a business)
• • Claim within 6 years of the breach (Limitation Act 1980 s.5)
• • Retailer is the seller (not the manufacturer), unless using s.75 against the card issuer

Evidence to gather

• • Receipt / order confirmation / proof of payment
• • Photographs of faulty goods or undelivered package
• • Correspondence with the retailer (emails, chat transcripts)
• • Section 9 / 10 / 11 Consumer Rights Act 2015 description of the breach

Route map

1. Stage 1

   Complain to the retailer

   Write to the retailer setting out the breach and the remedy you want (refund, repair, replacement). Cite the Consumer Rights Act 2015 s.20–24.

   Within 30 days for the short-term right to reject (s.22)
2. Stage 2

   Section 75 / chargeback (parallel route)

   If you paid by credit card and the goods cost over £100, you can claim against the card issuer under s.75 Consumer Credit Act 1974. For debit cards, request a chargeback within 120 days.
3. Stage 3

   ADR / Ombudsman

   If the retailer is a member of an approved ADR scheme (look on the receipt or website), use it. Energy → Energy Ombudsman; Telecoms → CISAS or Ombudsman Services; Financial → FOS. ADR is free for consumers.

   Forum: financial ombudsman service
4. Stage 4

   Letter before claim

   If ADR is unavailable or fails, send a formal letter before claim under the Pre-Action Protocol for Debt Claims (or generic pre-action protocol).

   Give the retailer 14–30 days to respond
5. Stage 5

   Small claim

   Issue at Money Claim Online for £35–£455. Allocated to the small claims track if ≤£10,000. Self-representation usual.

   N1

   Forum: county court

Final remedies

• • Refund (full or partial)
• • Repair or replacement
• • Damages (consequential loss, distress)
• • Costs (limited on small claims track)

Official sources

Frequently asked questions

Is Alternative Dispute Resolution (ADR) free to use, and how do I know if my retailer is a member?

ADR is free for consumers if the retailer is a member of an approved scheme, which you can check on your receipt or their website. Specific sectors have dedicated bodies, such as the Energy Ombudsman for energy issues or the Financial Ombudsman Service for financial services. You should use ADR if the retailer is a member and the initial complaint has not resolved the issue.

Can I claim against my bank instead of the retailer if I paid by card?

If you paid by credit card and the goods cost over £100, you can claim against the card issuer under section 75 of the Consumer Credit Act 1974. If you paid by debit card, you can request a chargeback from your bank, but you must do this within 120 days of the transaction.

What is a 'letter before claim' and when do I need to send one?

You must send a formal letter before claim to the retailer, giving them between 14 and 30 days to respond. This follows the Pre-Action Protocol for Debt Claims or the generic pre-action protocol. If they do not respond or refuse to resolve the issue, you can then proceed to issue a small claim.

How much does it cost to start a small claim, and what can I ask for?

You can issue a small claim online for a fee between £35 and £455. Your case will be allocated to the small claims track if the value of your claim is £10,000 or less. Most people represent themselves in these proceedings, and you can claim for refunds, repairs, replacements, or damages for consequential loss and distress.