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This information applies to England, Wales, Scotland and Northern Ireland
About this information
This information applies mainly to problems with goods bought from business traders based in the United Kingdom.
If the goods were bought from a trader based overseas, see under heading Buying goods from a trader overseas.
If the goods were bought from a private individual, see under heading Buying goods from a private seller.
For more information, in England and Wales, about goods bought in another European Union member state, see Buying goods and services in Europe in Consumer fact sheets.
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What are goods
Examples of goods include:
- clothing, furniture, and other household goods
- food and drink
- goods supplied as part of a service, for example a reconditioned engine
- animals, for example some pets
- crops that have been harvested.
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Your legal rights when you buy goods
When you buy goods (including goods supplied as part of a service), the law gives you certain rights as a consumer. The law says that the goods must:
- be of satisfactory quality. This means that the goods should be free of any faults, including minor ones. They should be of the quality that a reasonable person would expect given the description, price and any other relevant circumstances. You can take into account the appearance and finish of the goods, and whether there are any defects (including minor ones). You can also take into account whether publicized information about specific features of the goods is accurate, and whether the goods are safe when used properly
- be fit for the purpose. This means that you must be able to use them for the purposes that you would normally expect from this type of product, or any purpose that you have told the seller you want to use them for
- match their description. This means that if there is a verbal or written description of the goods, it must be accurate. And if you choose goods after seeing a sample, your goods must match the sample.
There are a number of things a trader is not allowed to do when they sell you goods. These include:
- make a written statement that you have no legal rights when you buy goods
- make a false description about goods
- sell dangerous or unsafe goods
- try to charge for goods sent that you didn't order
- sell short measure or short weight
- give a misleading price, either in writing or verbally.
If a trader does any of these things, you should complain to Consumer Direct – see under heading Further help for details.
Misleading actions and omissions
A trader may be guilty of a criminal offence if they mislead you so that you take a different decision about whether or not to buy something.
This could be by giving you misleading information. For example, you are told your washing machine can't be repaired and you need a new one. If this is not true, the trader is committing a misleading action.
A trader may also be guilty of a criminal offence if they fail to give you important information that affects whether or not you buy something. This is called a misleading omission. For example, a trader advertises mobile phones for sale without mentioning they are reconditioned. This is important information that you should have been told about.
If a trader does any of these things, you should complain to Consumer Direct – see under heading Further help for details.
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Your rights when things go wrong
If you buy goods from a trader and they are not of satisfactory quality, fit for purpose or don't match their description, the trader will probably have to put things right. It is the trader who is responsible for this, and not the manufacturer. If a trader tells you the manufacturer is responsible, or that you have to make a claim on a manufacturers' guarantee, you do not have to accept this.
Depending on the circumstances, you may have one or more of the following rights:
- to get all of your money back
- to get some of your money back
- to get the goods repaired
- to get the goods replaced
- to get compensation.
You will not have these rights if:
- there is nothing wrong with the goods – you have just changed your mind about wanting them
- you examined the goods, or a sample of the goods, when you were buying them, and the fault you want to complain about was so obvious that you should have noticed it
- the trader pointed out the defect that you now want to complain about
- you have damaged the goods yourself
- the problem is the result of normal wear and tear
- the goods have lasted for as long as could reasonably be expected.
In some situations, you only have limited rights when things go wrong with your goods. These include where you have bought them:
Getting a full refund
If things go wrong with goods you have bought, you have the right to return them and get all your money back (a full refund). However, this right only lasts for a very short time after you buy the goods. You are allowed a short time to examine the goods and try them out, but you must tell the trader about the fault as soon as you discover it. It will be up to you to prove that there is something wrong with the goods if the trader doesn't accept this.
You will not be able to get a full refund if you have:
- continued to use the goods after you realized something was wrong
- tried to repair the goods in any way
- kept the goods for too long without telling the trader there is something wrong with them, or noticing the fault.
If you aren't entitled to a full refund for one of these reasons, you may be entitled to get some of your money back, or to a repair or replacement instead – see below.
If you think you are entitled to a full refund but the trader offers you one of these alternatives instead, you may want to think about accepting it, but you don't have to. To find out what you can do if a trader refuses to offer you what you're entitled to, see under heading How to deal with problems with goods.
Getting your goods repaired or replaced
If there is something wrong with your goods and you aren't entitled to, or don't want to get a full refund, you can ask the trader to either repair or replace them for free instead. You might not be able to get a full refund if, perhaps, you had the goods for too long before realising there was a problem, or before the problem became obvious.
If you take the goods back within six months of buying them, the trader must accept that they were faulty at the time of sale and offer to repair or replace them. If the trader doesn't accept that the goods were faulty, they will have to prove this.
If you have had your goods for more than six months when they go wrong, you can still ask the trader to repair or replace them, but you may have to prove that they were faulty when you bought them if the trader doesn't agree. You can ask for a repair or replacement at any time up to six years after you bought the goods (five years in Scotland), as long as it is reasonable for them to have lasted this long. If the goods go wrong after six years (or five in Scotland), you no longer have the right to ask for a repair or replacement.
If the trader agrees to carry out a repair or provide a replacement, they must do this within a reasonable period of time, and without causing you any significant inconvenience. If you ask the trader for a repair but this turns out to be impractical or to be too expensive, the trader doesn't have to repair your goods, but you can choose to have a replacement instead. In the same way, if you have asked the trader to replace your goods and this turns out to be impractical or too expensive, the trader doesn't have to replace them, but you can choose to have a repair instead.
If neither repair or replacement is practical, you can ask to get some or all of your money back. You can also ask to get some or all of your money back if:
- replacing or repairing the goods would cost more than giving you some or all of your money back, or
- the trader did not replace or repair the goods within a reasonable period of time, or
- the trader was not able to repair or replace the goods without causing you significant inconvenience.
How much money you can get back will depend on how much use you have had out of the goods. You will probably only be able to get some of your money back if:-
- the goods had worked for some time before they went wrong, or
- they still work but their appearance has got worse, or
- only one of their functions has failed.
However, if you have been able to get no, or little use out of the goods, and/or repairs have been unsuccessful, then you will probably be able to give back the goods and get all of your money back.
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Credit notes
When you complain about goods, the trader may offer you a credit note. A credit note allows you to return the goods and buy something else for the same value.
If you have the right to a refund, repair, replacement or compensation (see under heading Your rights when things go wrong) you don't have to accept a credit note instead, although you may choose to do so. You may also choose to accept a credit note where you don't have any of these rights.
If you accept a credit note, you cannot change your mind later and get a refund or compensation, even if you had been entitled to it.
A credit note does not have to take any particular form. It may be offered as a gift voucher and it can also have conditions attached to it. You may have to use it within a given time limit.
If you are thinking of accepting a credit note, check the conditions on it and make sure that the trader has goods that you want to buy.
You cannot insist on having a credit note, if the trader doesn't want to give you one.
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Additional rights when you buy goods
When you buy something, the trader may give you other rights on top of those that the law usually allows. For example, some shops allow you to return items to them during a short period after the sale, even if there is nothing wrong with them. Look out for anything which tells you about these rights when you buy something. It may mean that you can ask for your money back, a credit note, an exchange, a replacement or a discount in the selling price, when you might otherwise have had no right to do so.
Sometimes when you buy something from a trader, you will agree on a particular condition of sale which you have negotiated with them on an individual basis. This might be, for example, a specific delivery date or that the item supplied is in a particular colour. You have a right to expect the trader to stick to this condition. If they don't, you may be able to ask for your money back, an exchange or replacement, or a discount in the selling price.
For more information about how to deal with a trader when you have a problem, see under heading How to deal with a problem with goods.
Unfair contract terms
An unfair contract term is a standard term in a contract of sale which makes the contract unfair to the customer. Standard terms are those that the trader has drawn up in advance, not the ones that you negotiate individually when you are deciding whether to buy something. If you have a written contract, standard terms are contained in the small print.
Examples of unfair terms include contracts written in such a way that you cannot understand them, or terms that try to take away your rights to claim from the trader for faulty goods. If there is any doubt about the meaning of a contract term, it should be decided in favour of the customer.
If you have a problem with a contract or you believe that a term in your contract is unfair, you can get more advice and information from your local Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
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Discrimination when you buy goods
It is against the law to discriminate against someone on the grounds of their sex, sexuality, religion, race or disability when providing goods. Sex discrimination includes discrimination against transsexual people and discrimination against women because of pregnancy or maternity.
In Northern Ireland, it is also against the law to discriminate against someone on grounds of their political opinion when providing goods.
If you think someone selling goods has discriminated against you, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB. You can also complain to Consumer Direct – see under heading Further help for details.
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Dangerous goods
If you have bought dangerous or faulty goods, they may have caused damage to property or personal injury to you or someone else. If you know a trader is selling dangerous or unsafe goods or a manufacturer has an unsafe product on the market, you should complain to Consumer Direct - see under heading Further help for details.
You can claim compensation for unsafe goods which have caused damage or personal injury. If you bought the goods yourself, you can claim compensation from either the trader or the manufacturer. If you didn't buy the goods yourself, you can only claim compensation from the manufacturer, not the trader. You might have to go to court to try and get compensation – see under heading How to deal with a problem with goods.
For more information, in England and Wales, about dangerous goods, see Safety in Consumer fact sheets.
If you want to claim compensation for personal injury or damage to property, this can be a complex legal area and you may need specialist advice. Your local Citizens Advice Bureau can help. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
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Advertising
The way that a trader goes about advertising could be a criminal offence. Examples of advertising practices that are against the law are:
- an advert particularly aimed at children which encourages their parents or other adults to buy things for them
- advertising products that can't legally be sold
- giving a misleading impression about what your rights are. For example, a shop advertises pens for sale and says if they don't work, you can get your money back but you won't find this offer anywhere else. This is illegal advertising because you always have the right to get your money back in these circumstances
- a trader says that something is available only for a very limited time so that you feel you have to act quickly or lose the item
- where something is advertised and when you ask about it, they show you a different model or they ask you to order it.
In all of these cases, a trader may be acting unfairly and would be guilty of a criminal offence. You could report them to Consumer Direct – look under the heading Further help for contact details. Or get in touch with the Advertising Standards Authority (ASA). There is useful information on their website at: www.asa.org.uk.
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Guarantees and warranties
When a trader sells you goods, they may also offer you a guarantee or warranty. This could be free, or they may charge you extra for it. As a general rule, guarantees are usually given free of charge, whilst you usually have to pay for a warranty.
Traders aren't required by law to offer you a guarantee or warrantee.
Guarantees or warranties often have terms and conditions attached to them and limit what they offer you. However, they may offer extra protection on top of your other consumer rights. They can allow you to get goods replaced or repaired, or to get faulty work put right when your other consumer rights no longer apply.
You might find it easier to claim on a guarantee or warranty if the trader is refusing to give you what you want. They can also be very useful if the trader has gone out of business.
If you have bought goods in a distance sale (over the internet or by telephone, for example) it can be more convenient for you to claim on the guarantee or warranty.
Guarantees given free with goods must be written in clear English and be available for you to see. The conditions of the guarantee are legally binding.
If a trader sells extended warranties (sometimes called service agreements) to cover domestic electrical goods – for example computers, stereos, fridges or toasters – they must display the price of the warranty alongside the goods. You can ask the trader to give you a written quotation for the price of a warranty which they are legally obliged to honour if you go back to buy the warranty after you have bought the goods. This must be within 30 days of buying the goods. The trader must also inform you of your rights to buy a warranty elsewhere, and that the electrical item you bought may already be covered by your own household contents insurance. If you choose to buy the warranty from the trader, you have the right to cancel within 45 days and get a full refund, as long as you have not made a claim. If you make a claim on the warranty, you can still cancel and get a pro-rata refund at any time up until the end of the service agreement.
In England and Wales, for more information about guarantees, see Guarantees in Consumer Fact Sheets.
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Deliveries
Delays in deliveries
If you have been given a date for delivery, your goods must be delivered by that date. If they aren't delivered by then, the trader will have broken their agreement with you, and you are entitled to ask for compensation.
If you have not been given a proper date for the delivery, you won't be able to claim compensation. However, if you think you have waited a reasonable time and the goods still haven't arrived, you should write to the trader, giving a firm date for delivery. This is called 'making time of the essence'. If the trader doesn't stick to this date, you can claim compensation.
If you bought your goods by distance sale, for example by mail order or over the internet, your rights will be different. For more information, see under heading Distance selling.
When you claim compensation for late delivery, the trader may offer you a fixed sum of money. However, you can make additional claims for other losses on top of this, such as the costs of a taking a day off work while you were waiting for goods which didn't arrive.
As well as claiming compensation, you would also be entitled to cancel your order and get your money back. However, if the trader doesn't agree to do this, you may have to go to court to try and get your money back. For more information, see under heading How to deal with a problem with goods.
The goods delivered are faulty
When goods are delivered, you have the right to examine them carefully and to make sure that they are satisfactory. You should complain straight away to the trader if you find a fault or if you think they don't match the description you were given when you bought them.
If you find something wrong after the delivery firm has gone, you can still complain to the trader. This applies even if you have signed a delivery note. When you sign a delivery note, you are only acknowledging receipt of the goods. It does not take away your right to complain if you find out later there is something wrong with the goods, although you should do this as soon as possible – see under heading Your rights when things go wrong.
If the goods were damaged during delivery you should complain to the trader who sold them to you. It is the trader, and not the delivery firm, who is responsible for the goods up until the time they are delivered to you.
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Charging for goods you didn't order
Sometimes a trader tries to charge people for goods that they haven't actually ordered. This is against the law. It could happen when a trader sends you an advert for goods and includes a document that looks like an invoice, to give you the impression that you've already ordered the goods and now must pay up. It can also happen when you’re sent goods you didn't order and the trader demands immediate payment or the return of the goods. If this happens to you, you should report the trader to Consumer Direct – see under the heading Further help for contact details. You shouldn't pay the trader anything.
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Distance selling
If you buy goods from a trader without having face-to-face contact with them, this is known as distance selling. Examples of distance sales include goods that are bought:
- by telephone or fax, including text messaging and mobile phones
- by mail order
- electronically through the internet, e-mail or digital television
- through a shopping channel or teletext
- from a catalogue
- through a newspaper or magazine advert order form.
If you buy goods in any of these ways, you have rights on top of those you have when you buy goods in a shop. The most important of these is the right to a 'cooling off' period. This gives you the right to cancel your order within seven working days, without having to pay anything. The trader must tell you about this right when you place your order. Other additional rights you have when you make a distance sale include the right:
- to be given the name and address of the trader
- to be given the price of the goods, including taxes and delivery charges
- to receive the goods within 30 days
- to keep or dispose of any goods you receive but have not ordered. If a seller demands payment for goods you haven't ordered, you don't have to pay for them or return them – see under the heading Charging for goods you didn't order.
If you use a credit card to buy goods in any of these ways, you also get special protection against the fraudulent use of your credit card details.
If the trader won't leave you alone and continues to contact you when you've told them not to, they may be guilty of a criminal offence. You should report them to Consumer Direct – see under the heading Further help for contact details.
For more information about how to resolve problems with faulty goods bought on credit, see Credit
Goods bought using e-commerce
E-commerce is when you buy goods electronically. Buying goods over the internet, by text message or mobile phone are all examples of e-commerce. When you buy goods using e-commerce, you have the same rights as when you buy in a shop and by distance sale, but the trader must also give you some additional information. This applies if you use e-commerce to buy goods in the UK, or anywhere else in the European Union. The trader must:
- give you detailed instructions for completing your order
- tell you how to correct any mistakes you might make when placing your order
- supply any terms and conditions of the sale in a format that can be easily saved or printed out
- tell you whether they will keep a file of the sale for you to access
- tell you about any codes of conduct which apply to the sale and how you can look them up electronically
- send an acknowledgement that the order has been received.
In England and Wales, for more information about your rights when you buy goods through distance sale, see Home shopping, and Buying over the internet in Consumer Fact Sheets.
If you need advice about a purchase you have made by distance sale, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
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Doorstep selling
Doorstep selling is when you buy something from someone face-to-face but away from trade premises – for example, at home or from a salesperson at your workplace. If you buy something from a doorstep sale, as well as the usual rights you have when you buy from a shop, you also have the right to a seven-day 'cooling off' period. To have this right, the goods you buy must cost over £35 and you must not have invited the sales person to call at your home or workplace.
The cooling off period gives you seven days in which you can change your mind and cancel your order, without having to pay anything. The sales person must tell you that you have this right, in writing, when you place your order. If they don't, you can cancel your order at any time and get your money back – even if this is after seven days. If a trader doesn't tell you about your right to cancel an order made in a doorstep sale, you should complain to Consumer Direct – see under the heading Further help.
If a trader comes to your home and ignores your request to leave or not to come back, they may be committing a criminal offence. It is also against the law if they continue to contact you remotely, for example, by phone or email. You should report them to Consumer Direct – see under the heading Further help for contact details.
In England and Wales, for more information about your rights to cancel an agreement made in a doorstep sale, see Buying on the doorstep in Consumer Fact Sheets.
Even if you don't have the right to cancel your order, or want to cancel after seven days, the trader may still agree to cancel it. However, they would be entitled to charge a cancellation fee, or to keep your deposit.
You bought goods in a doorstep sale using credit
If you sign up for credit to buy goods in your own home, you are entitled to extra cancellation rights.
After signing the agreement, you should be given a copy of the credit agreement clearly setting out your cancellation rights. You should also receive, by post, a second written notification of your cancellation rights. You are entitled to a cooling off period which begins on the day you sign the agreement and ends five days after you have received the second notification of your cancellation rights.
You have a right to this cooling off period, regardless of whether or not you invited the salesperson to call.
You must have discussed the deal face-to-face with the salesperson and the service you bought on credit must cost more than £35.
This right applies when you buy goods on credit anywhere away from the trader's business premises or offices of a credit company.
For more information about buying services on credit, see Credit.
If you need advice on how to cancel an agreement for goods bought away from trade premises, you should seek the help of an experienced adviser, such as at a Citizen's Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
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Second-hand goods
If the goods you bought from a trader are second-hand or seconds, you still have all the same rights as if the goods were new – see under heading Your legal rights when you buy goods. However, if something goes wrong, you will need to take into consideration the price you paid for them when deciding whether you expect the trader to put things right. You should also not expect the goods to be of perfect quality, and have lower expectations of their performance.
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Buying goods from a trader overseas
If you buy goods from a trader overseas, for example when you are on holiday, your rights will usually depend on the laws of the country where you bought the goods.
If you buy goods on the internet from a seller based in another European Union (EU) state, you may have the same legal rights as if you had bought the goods in the UK.
To find out more about buying goods in other EU countries, visit the website of the UK European Consumer Centre at www.ukecc.net. The UK European Consumer Centre can also help you make a complaint about goods bought from a trader based in another EU country. You can find information about this on their website.
In England and Wales, you can also find information about goods bought from a seller in another EU country in Buying goods and services within Europe in Consumer Fact Sheets.
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A trader acts aggressively
Aggressive behaviour by a trader may be against the law and the trader could be convicted of a criminal offence. Aggressive behaviour which may be against the law is where the trader harasses or pressures you into taking a different decision about whether or not to buy something. This could be physical pressure or psychological pressure. Factors to be taken into account when deciding whether or not a trader has acted aggressively include:
- the timing, nature and persistence of the trader's words or actions
- whether the trader has used threatening or abusive language or behaviour
- whether the trader has threatened to take action that cannot be taken legally.
An example of aggressive behaviour is where someone comes to your door and pressures you to pay in cash now for home repairs and forces you to go to your nearest cash point.
If you think a trader is acting aggressively, you should report them to Consumer Direct – see under the heading Further help for contact details.
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Buying goods from a private seller
If you buy goods from a private individual, for example, through an advert in a newspaper or shop window, or at a car boot sale, you have very few legal rights. However, if the seller offers a description of the goods, they must match the description given. If your goods don't match the description given, you may be entitled to compensation. You may also be entitled to compensation if you have bought an unroadworthy car from a private seller, which has caused injury to someone. However, it may be especially difficult to get compensation from a private seller.
If you have been sold an unroadworthy car, you should complain to Consumer Direct – see under the heading Further help.
Sometimes, people who sell goods as part of their business pretend to be a private seller in order to avoid their legal responsibilities towards their customers. This is a criminal offence.If you suspect that the person you have bought goods from is not really a private seller, you should complain to Consumer Direct – see under the heading Further help.
Your local Citizens Advice Bureau can give you more advice about making a claim against a private seller. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
In England and Wales, you can get more information about your legal rights when you buy goods from a private individual from Private and car boot sales in Consumer Fact Sheets.
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Auctions
When you buy goods at an auction, your rights will depend on whether the goods are new or second-hand, and whether the seller is a trader or a private individual. The seller will be the original owner of the goods, and not the auctioneer. Your rights may also depend on whether you were given the opportunity to attend the auction in person.
New goods
If you buy new goods at an auction from a trader, you will have the same legal rights as if you bought them in a shop - see under heading Your legal rights when you buy goods.
If you buy new goods at an auction from a private seller, you will have less legal rights. You will have the same rights as those described under the heading Buying goods from a private seller.
Second-hand goods
If you buy second-hand goods from an auction which you aren't given the opportunity to attend in person, for example an internet auction, your rights will depend on whether the seller is a trader or a private individual.
If the seller is a trader, you will have the same legal rights as if you bought the goods in a shop - see under heading Your legal rights when you buy goods.
If the seller is a private individual, you will have the same rights as those described under the heading Buying goods from a private seller.
If you buy second-hand goods from an auction which you attend in person (or are given the opportunity to attend in person), you may have no legal rights at all. This will be the case only if you are told that your legal rights don't apply, or that the goods are 'sold as seen'. This information could be in the auction catalogue or displayed on a notice. The auctioneer can only say that your legal rights don't apply if it is reasonable to do so.
In England and Wales, for more information about buying goods at auction, see Buying at auction in Consumer Fact Sheets.
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Business to business sales
If you buy goods for your business, the legal rights that you normally have as a private consumer may not apply.
If you have a problem with goods that you have bought for your business and you are unsure what your rights are, you may need to seek specialist advice. A Citizens Advice Bureau may be able to help you find an appropriate specialist. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
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The goods were a gift
If you receive goods as a gift and they are faulty, do not match their description or aren't fit for purpose for which you bought them, the person who actually bought them should be the one to make the complaint. However, you can make a complaint to the trader yourself, as long as the person who bought the goods for you told the trader when they bought them that they were going to be given to you.
Ideally, your name should be written on a receipt, invoice or guarantee card as proof that the goods belong to you. If arrangements were made to deliver the goods to you, rather than the person who bought them for you, this could also be used as proof.
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How to deal with a problem with goods
Negotiating with the trader
If you have a problem with goods, first work out what rights you have and decide what you want the seller to do about it. For example, you might want a refund, repair, replacement or compensation. Or you might want a credit note or to claim on a manufacturer's warrantee.
You will then need to contact the trader to put your case. If you contact the seller early on and prepare your case well, your negotiations are more likely to be successful. If you are asking for a full refund, you must contact the trader as soon as possible after buying the goods, or you may lose your right to get your money back (see under heading Your rights when things go wrong).
You should put together all the information you need to make your complaint. This could include:
- any rights you may have – see under heading Your rights when things go wrong
- a description of the goods. This includes anything that was said to you about the goods, anything in an advert or anything given to you in writing
- details of the problem
- how long you have had the goods. Or, if you have not had the goods at all, when you were supposed to have received them
- when you first noticed the problem
- details of what you have done about the problem, if anything
- if you have already spoken to the trader about the problem, details of what was said
- copies of any documents, for example, an order form, credit agreement, price quotation, instructions, an advertisement or a guarantee
- how much you paid, and any receipts or other proof of purchase.
When you have got as much information together as you can, take the goods back to the place you bought them with your proof of purchase, and ask to speak to the manager or owner. Explain your problem calmly but firmly, and say what you would like them to do about it. Set a time limit for sorting the problem out. If the seller wants to send the goods to the manufacturer for examination, ask how long this will take. The goods must be returned within a reasonable time. If you are asking for a full refund, make it clear that repairs are not to be carried out without your agreement. Many unfair practices by traders are against the law. You could say that if the problem isn't resolved satisfactorily, you will report the trader to Consumer Direct which may take action against the trader.
You may prefer to write to the trader or to phone them, instead of speaking to them in person. If you make your complaint by phone or in person, you should always follow this up in writing, even if your negotiations have got nowhere.
Send a letter or an e-mail to the person who sold you the goods, and keep a copy. If the trader has a head office address, send a copy of your letter there. If you bought the goods on credit, send a copy of your letter to the credit company.
For more information about how to resolve a problem with goods bought on credit, see Credit.
Your letter or e-mail should include as much information as possible, and copies of any relevant paperwork including proof of purchase, if you have it. It should also say what you want the trader to do about the problem.
You should give the trader a firm date by which to reply. The date that you give should usually be seven to fourteen days after you send the letter.
If the trader refuses to sort your problem out, write to them again, repeating your complaint and mentioning any action which has already been taken. If you have bought the goods on credit, you should send a copy of this letter to the credit company. Say that you will give them fourteen days to sort the problem out or you will consider legal action. Send your letter by recorded delivery with a copy to the head office. Be sure to keep copies of all correspondence.
The trader might not sort out your problem in the way that you've asked for, but might offer you an alternative solution instead. You could also try suggesting alternatives yourself. You should think carefully about whether there is an alternative solution which is acceptable to both of you. Be realistic about what you are willing to accept. If you end up with no choice but to go to court to try and get what you want or what you're entitled to, there is no guarantee that you will be able to win your case, or to get a better offer.
You could also see whether the trader belongs to a trade association. If so, the trader may have to follow a code of practice for a higher standard of customer care. If the trader is not following the code of practice, the association may be able to put pressure on them to sort out your problem.
Also, the trade association may offer a conciliation or arbitration service which could help you and the trader reach an acceptable solution. Conciliation is usually free of charge and would not, if it were not resolved to your satisfaction, normally prevent you from taking legal action. Arbitration must usually be paid for and is legally binding on both sides. You should ask your trader if they belong to an association and to give you contact details if they do. For details of some trade associations, see under heading Further help.
For more information, in England and Wales, about using a conciliation or arbitration service to resolve your problem, see Alternative dispute resolution in Consumer fact sheets. In Scotland, see Alternative Dispute Resolution in Consumer fact sheets.
If negotiations with the trader don't work, you might have other options available. Some of these are explained below.
Making a claim against the credit company or the bank
If you paid for your goods by credit card, you may be able to make a claim against the credit card company, instead of the trader. The goods must have cost more than £100 and less than £30,000. This can be useful where the trader has gone out of business or has no money to compensate you.
Even if you have used a debit card rather than a credit card, or if you used a credit card but the goods cost less than £100, you may be able to use your bank's chargeback scheme. You may want to ask for a chargeback if:
- you have paid for goods that have not arrived or have arrived damaged
- the goods that you receive don't match their description
- the transaction wasn't authorised by you.
A chargeback is not an automatic right and you should contact your card provider to find out if you can make a claim under a chargeback scheme. For example, if you used a credit card (for goods costing less than £100) or a debit card issued by visa, you can apply under the Visa chargeback scheme. Claims under this scheme must be made within 120 days.
For more information about how to resolve problems with faulty goods bought on credit, see Credit.
Taking the trader to court
If you have tried everything else but still got nowhere, your only other option is to go to court. Going to court should be a last resort. If you haven't made a genuine effort to sort out your problem before starting court action, even if you win your case the court may reduce your compensation.
Before you go to court, you need to think about whether you have enough evidence. It will be up to you to prove your case. You also need to find out if the seller has enough money to pay your claim. It is not worth suing someone who has no money.
For more information, in England and Wales, about going to court to resolve a consumer complaint, see Starting court action in Consumer fact sheets.
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Further help
General organisations
Consumer Direct
Tel: 0845 404 0506
Website: www.consumerdirect.org.uk
Consumer Direct is a telephone and online consumer advice service, supported by the Office of Fair Trading and local authority Trading Standards services. The advice and information is free, but telephone calls to Consumer Direct are charged at 0845 prices. Consumer Direct is available in England, Scotland and Wales.
Consumer Direct can help you sort out a problem with a trader or to make a complaint. It can also explain your consumer rights and direct you to other bodies such as trade associations or Trading Standards if these are better able to resolve your consumer problem.
Consumerline (Northern Ireland only)
Tel: 0845 600 6262
Website: www.consumerline.org
Consumerline is a telephone and online consumer advice service supported by the Department of Enterprise, Trade and Investment.
The advice and information is free, but telephone calls to Consumerline are charged at 0845 prices.
Office of Fair Trading (OFT)
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX
Tel: 0845 722 4499
Fax: 020 7211 8877
E-mail: enquiries@oft.gsi.gov.uk
Website: www.oft.gov.uk
The OFT is a government department which oversees trading practices to make sure that they are fair and that customers are protected. The OFT issues licences to traders who give credit, and keeps a register of licensed credit dealers.
The OFT cannot help an individual customer with a consumer problem, but does produce useful leaflets giving information and advice.
Which?
2 Marylebone Road
London
NW1 4DF
Tel: 020 7770 7000
Enquiries: 08453 074000
Fax: 020 7770 7600
E-mail: which@which.co.uk
Website: www.which.net
Which? is an independent organisation that campaigns for consumers’ rights. Which? will not help a customer with a problem, unless the customer is a member of the organisation.
Which? publishes a monthly general-interest consumer magazine, Which?, and other magazines on various topics, all of which are available on subscription to its members. Which? publishes a range of books, which are also available to non-members. Many public libraries stock the magazines and books.
European Consumer Centres
If you have bought goods or services from a trader in another European Union (EU) country and have a complaint, you can get advice and assistance from the UK European Consumer Centre. The European Consumer Centre may also be able to refer your complaint to an organisation in the trader's country which will help you negotiate a solution. This type of organisation is called an Alternative Dispute Resolution (ADR) body.
You can find the contact details for the UK European Consumer Centre at www.ukecc.net.
Advertising Standards Authority (ASA)
Mid City Place
71 High Holborn
London
WC1V 6QT
Tel: 020 7492 2222 or textphone 020 7242 8159
Fax: 020 7242 3696
E-mail: enquiries@asa.org.uk
Website: www.asa.org.uk
The ASA supervises the British Codes of Advertising, Sales Promotion and direct marketing and deals with any breaches of the code. It will take up complaints in writing about all forms of advertising.
Direct Selling Association
29 Floral Street
London
WC2E 9DP
Tel: 020 7497 1234
Fax: 020 7497 3144
E-mail: info@dsa.org.uk
Website: www.dsa.org.uk
The Direct Selling Association represents traders who sell from door to door and those who sell at parties in the customer’s home. The Association has a Code of Practice which its members must comply with. The Association has an internal complaints procedure to deal with complaints against its members. A list of members is available through the Direct Selling Association website.
Mailing Preference Service
DMA House
70 Margaret Street
London
W1W 8SS
Or
Mailing Preference Service
MPS Freepost LON20771
London
W1E 0ZT
Tel: 020 7291 3310
MPS Registration line: 0845 703 4599
Fax: 020 7323 4226
E-mail: mps@dma.org.uk
Website: www.mpsonline.org.uk
You should note that using the Freepost address will delay a response being sent to you.
The Mailing Preference Service deals with unasked-for advertising, personally addressed to consumers. They will remove names from mailing lists so that you no longer receive advertising from any company.
Direct Marketing Association (DMA)
DMA House
70 Margaret Street
London
W1W 8SS
Tel: 020 7291 3300
Fax: 020 7323 4165
Email: dma@dma.org.uk
Website: www.dma.org.uk
The DMA is a trade association for firms, which sell by mail order or direct marketing. The DMA has a Code of Practice, which its members must follow. The DMA has an internal conciliation scheme and an independent arbitration scheme to deal with complaints against its members.
Mail Order Trader's Association
PO Box 51909
London
SW99 0WZ
Tel: Tel: 020 8330 3333
The Mail Order Traders’ Association represents firms that sell through catalogues. Members must follow the Code of Practice of the Mail Order Traders’ Association. The Association has an internal conciliation scheme, and an independent arbitration scheme, to deal with complaints against its members.
Trade associations and professional bodies
Retail Motor Industry Federation
9 North Street
Rugby
CV21 2AB
Tel: RMI Motorline 08457 585350
Tel: Complaints about members 01788 538317
Email: andrewhayes@rmif.co.uk
Website: www.rmif.co.uk
Members of the Retail Motor Industry Federation (RMI) must follow the Code of Practice for the Retail Motor Industry. The RMI operates an internal conciliation service, and an independently run arbitration scheme.
Scottish Motor Trade Association
Palmerston House
10 The Loan
South Queensferry
EH30 9NS
Tel: 0131 331 5510
Fax: 0131 331 4296
E-mail: info@smta.co.uk
Website: www.smta.co.uk
Members of the Scottish Motor Trade Association (SMTA) must follow the Code of Practice for the Motor Industry. The SMTA operates an internal conciliation service, and an independent arbitration scheme.
Society of Motor Manufacturers and Traders
Forbes House
Halkin Street
London
SW1X 7DS
Consumer Advice Line: 0870 7518270 or Textphone 020 7235 8278
Fax: 020 7235 7112
Website: www.smmt.co.uk
The Society of Motor Manufacturers and Traders (SMMT) is a trade association for motor manufacturers and of mechanical breakdown insurance companies that offer extended warranties. Members of SMMT must comply with the SMMT codes of Practice. If you have a problem with a new car which is still under a manufacturer's guarantee or extended warranty, and have been unable to resolve it, contact the SMMT. The SMMT operate an impartial conciliation service and arbitration scheme.
Independent Footwear Retailers Association (IFRA)
3 Burystead Place
Wellingborough
Northamptonshire
NN8 1AH
Tel: 01933 272999
Fax: 01933 225009
E-mail: ifra@britfoot.com
Website: www.shoeshop.org.uk
The Independent Footwear Retailers Association (IFRA) represents shoe shops and wholesalers. It has a code of conduct which includes a complaints procedure. If you have a problem with a shoe shop that is a member of IFRA, the Association will liaise between you and the shoe shop to try and sort out the problem.
Radio, Electrical and Television Retailers Association (RETRA)
RETRA House
St John Terrace
1 Ampthill Street
Bedford
MK42 9EY
Tel: 01234 269110
Fax: 01234 269609
E-mail: retra@retra.co.uk
Website: www.retra.co.uk
RETRA represents shops selling domestic electrical appliances including televisions, radios and stereo equipment. RETRA members must follow the Code of Practice for the Selling and Servicing of Electrical and Electronic Appliances. RETRA has a conciliation procedure for disputes involving its members.
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