Faulty Goods, Retailer Refuses Refund
You bought goods that turned out to be faulty and the retailer is refusing to give you a refund. This page explains your statutory rights under the Consumer Rights Act 2015, the tiered remedies, and how to enforce them.
Quick Answer
Under the Consumer Rights Act 2015 (CRA), goods must be of satisfactory quality, fit for purpose, and as described. If they are not, you have a 30-day short-term right to reject (full refund). After 30 days, the retailer has one opportunity to repair or replace. If the repair or replacement fails, you can claim a final right to reject or a price reduction.
Full Explanation
The Consumer Rights Act 2015 (CRA) governs contracts for goods, digital content, and services between traders and consumers in England, Wales and Scotland. For goods contracts, the key implied terms are in ss.9–17: goods must be of satisfactory quality (s.9), fit for a particular purpose if made known to the trader (s.10), and as described (s.11).
The tiered remedy scheme in ss.20–24 of the CRA provides three stages. First, the short-term right to reject under s.20: within 30 days of delivery (or 30 days from when the fault should have become apparent), you can reject the goods and receive a full refund without deduction. The 30-day period can be extended if the trader has agreed to repair or replace the goods within that period. Second, if the 30-day window has passed, you must give the trader one opportunity to repair or replace (trader's choice, unless repair or replacement is disproportionate). If the first repair/replacement is unsuccessful, or if it takes unreasonably long, you can then exercise the final right to reject (refund) or claim a price reduction. Third, the final right to reject entitles you to a refund, but the trader can make a deduction for use beyond six months.
The key practical point is the presumption in s.19(14) of the CRA: if a fault appears within the first six months of delivery, it is presumed to have been present at the time of delivery. This reverses the burden of proof — the trader must prove the goods were satisfactory at delivery, not you. After six months, the burden shifts back to you to establish the fault existed at time of delivery.
Cashback via card chargeback (for debit cards) or s.75 of the Consumer Credit Act 1974 (for credit card purchases between £100 and £30,000) provide alternative routes where the trader refuses to engage or is uncontactable. S.75 makes the credit card provider jointly and severally liable alongside the trader for any misrepresentation or breach of contract.
For disputes up to £10,000, small claims court (the Small Claims Track of the County Court) provides a proportionate and costs-effective route to enforce your rights. Issue a claim on moneyclaim.gov.uk. Many traders settle once proceedings are issued.
Legal Basis
- §Consumer Rights Act 2015, ss.9–24 — Implies statutory terms about quality, fitness for purpose and description into goods contracts, and establishes the three-tier remedy scheme (short-term right to reject, repair/replacement, final right to reject).
- §Consumer Credit Act 1974, s.75 — Makes credit card providers jointly and severally liable with the trader for misrepresentation or breach of contract where the purchase price was between £100 and £30,000.
What To Do
Write a Formal Complaint Citing the CRA
Write to the retailer (email or letter) clearly stating that the goods do not conform to contract under s.9 of the Consumer Rights Act 2015 (not of satisfactory quality), specify the fault, and state which remedy you are claiming — refund under the 30-day short-term right to reject, or repair/replacement/price reduction if that window has passed. Give them 14 days to respond.
Request the Remedy in Writing
If the retailer offers a remedy other than what you are entitled to (for example, offering a credit note when you are entitled to a full refund), respond in writing explaining that you are exercising your statutory right and do not accept anything less. Keep all correspondence — you will need it for any subsequent claim.
Use Card Chargeback or Section 75 Claim
If the retailer ignores you or refuses, contact your bank or credit card provider. For credit card purchases between £100 and £30,000, raise a s.75 claim — the card provider is jointly liable. For debit card purchases, request a chargeback under the Visa or Mastercard rules. You typically have 120 days from the date of purchase or expected delivery for a chargeback.
Use ADR or Sector Ombudsman
Some retail sectors have mandatory ADR schemes. Check whether the trader is a member of a trading standards-approved ADR scheme. Ombudsman Services covers some categories. ADR is free or low-cost and binding on the trader if they participate.
Issue a Small Claims Court Claim
If all else fails, issue a claim on the online Money Claim service (moneyclaim.gov.uk) or at your local county court. For claims under £10,000, the small claims track applies and you will not usually face the other party's legal costs if you lose. Serve a formal Letter Before Claim first, giving 14 days to respond.
Important Deadlines
Important Warnings
The short-term right to reject lasts only 30 days. If you delay, you lose the right to a full refund and are limited to repair or replacement.
A trader cannot restrict or exclude your Consumer Rights Act remedies — any term attempting to do so is automatically void under s.31 CRA 2015.
The 6-month presumption only applies in proceedings — if you are simply negotiating with the trader informally, you will still need to explain why you believe the fault was present at delivery.