Buying a new product should give you peace of mind, not problems.
Whether it’s a household appliance that stops working after a few weeks or a pair of shoes that wear out much sooner than expected, discovering that shiny new thing you bought is faulty can be… frustrating.
If you need to return a product, lodge a complaint, or make a compensation claim, one of the most common questions is: How do I prove the item is faulty?
The good news is that you don’t always have to.
In many cases, UK consumer law provides important protections that can make it easier than you think to resolve a dispute!
It’s also worth remembering:
If you’ve hit a wall with a retailer, RetailADR offers a FREE, independent route to a resolution – approved by the Chartered Trading Standards Institute to settle disputes between consumers and Participating Member traders right across the UK.
What counts as a Faulty Item?
This can sometimes be in the eye of the beholder. But, in the UK, the law is quite clear on the standards a product on the market has to meet!
Under the Consumer Rights Act 2015, goods you purchase should be:
- Of satisfactory quality
- Fit for their intended purpose
- As described
In fact, if a product you’ve bought doesn’t meet the above standards, you’re usually entitled to a repair, replacement, or refund anyway, depending on the circumstances!
So, bearing those 3 key points in mind, a product may be considered faulty if it:
1a. Is not of satisfactory quality
1b. Has a manufacturing defect
2a. Doesn’t work as intended
2b. Isn’t fit for the purpose it was sold for
3a. Doesn’t match its description or any sample you were shown
For example:
- A kettle that stops heating after 2 weeks of normal use
- A washing machine that develops a major fault shortly after installation
- A coat’s zip breaks after being worn only a handful of times
- A dining table that arrives with damaged legs, or an unstable frame
However, it’s important to remember: not every problem means an item can legally be considered faulty!
Damage caused by accidental misuse, normal wear and tear, or failure to follow care instructions is unlikely to give rise to a successful claim.
You also need to consider the circumstances surrounding your purchase: for example, how long have you had the item? Did it come with a guarantee or warranty?
The longer you’ve owned an item, the less likely a trader is to accept that the fault is their responsibility, as opposed to yours – unless you have the evidence to back it up!
Do you always have to prove the Fault?
Not necessarily!
Under the Consumer Rights Act 2015, if a fault becomes apparent within the first 30 days of receiving the goods, you may have the right to reject the item and request a full refund, provided the fault wasn’t caused by misuse.
If a fault appears within the first 6 months, the law generally assumes the fault was present when you received the goods unless the trader can prove otherwise. Within this timeframe, you normally have the right to a repair or replacement. If that isn’t successful, you may still be entitled to a price reduction or final right to reject.
After 6 months, the situation changes slightly. If you make a claim after this point, you may need to provide evidence that the fault was inherent (AKA: present at the time of sale, even if it wasn’t immediately obvious).
What Evidence can help?
In case a trader disputes your claim, gathering evidence can make it easier to demonstrate that a product is faulty.
It’s also a good idea to collate evidence if you’re intending to escalate your complaint later with an Alternative Dispute Resolution scheme, or in court!
Useful evidence may include:
Photographs and videos
Take clear photographs of the defect from several angles. If the problem affects how the product works, a short video can also help illustrate the issue.
Proof of purchase
Keep your receipt, order confirmation or bank statement. These help establish when and where you bought the item.
Product description
Save screenshots or copies of the retailer’s product listing, particularly if you believe the item doesn’t match its description or advertised features.
Records of communication
Keep copies of emails, online chats and letters exchanged with the retailer, together with notes of any telephone conversations, including dates and the names of people you spoke to.
Independent inspection
If the trader disputes that the product is faulty, an independent inspection or expert report may sometimes help identify whether the problem is due to a manufacturing defect or another cause. Depending on the circumstances, the cost of obtaining a report may not always be recoverable, so it is often worth discussing this with the trader first.
What if the Trader says it’s Wear and Tear?
This is one of the most common areas of disagreement.
Some products do naturally deteriorate over time, and retailers aren’t responsible for damage caused by normal use. However, if an item fails much sooner than a reasonable consumer would expect, the issue may still amount to a fault.
For example, shoes that show signs of everyday use after many months may simply have experienced normal wear. By contrast, if the sole separates after only a few weeks of ordinary use, that could suggest a manufacturing defect.
Each case depends on the individual facts, including the type of product, its expected lifespan and how it has been used.
What should you do if you think an item is faulty?
If you believe a product you’ve bought is faulty:
- Stop using it if continued use could make the problem worse
- Gather evidence, including photographs and proof of purchase
- Contact the trader as soon as possible to explain the issue
- Submit a complaint, via the trader’s official Complaints Process
- Give the trader an opportunity to inspect the item if requested
- Keep copies of all correspondence
Resolving the issue early often leads to the quickest outcome for both parties.
What if you can’t reach an Agreement?
Sometimes, despite both sides’ efforts, a trader and consumer may still disagree about whether an item is faulty or what remedy is appropriate.
Where a complaint remains unresolved, Alternative Dispute Resolution (ADR) can provide an independent, stress-free way to consider the evidence and help both parties reach a fair outcome – without going to court!
How RetailADR can help
RetailADR provides an independent, FREE, and impartial Alternative Dispute Resolution service to resolve disputes between consumers and retailers.
We’re a neutral third party: you can escalate your faulty product complaint with us at no cost, and our specialist Adjudicators will review all the information and evidence from both you and the trader before coming to a stress-free conclusion!
Once we’ve established a Complete Complaint File, it only takes 60 Days for us to issue a Determination on your case – and guess what? If you accept our decision, it becomes legally binding. Simple!
How do I get started?
Once your evidence is together, you can lodge your complaint with us for FREE in whichever way suits you – through our online portal, by post, or by phone:
> Start your complaint with RetailADR
> What to do before you come to us
Take a little time to read through our site so you understand the process and what’s required. Getting your evidence together at the start is what helps us deal with your complaint as quickly and fairly as possible!
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