The Sale of Goods Act - How To Complain

So by now, you know you have statutory rights backing you up, but how do you exercise these rights for your faulty product?


If you wish to reject the goods:


Act now
As soon as you discover a problem with something, take action. Contact the retailer straight away and tell them you want to reject the item. In the meantime, don't use the item. This can sometimes be tricky (for example, if it's a piece of furniture) but if you do anything to suggest you are happy to keep the item, you may find you lose your right to reject.


If the item has to be installed or fitted don't allow this to go ahead if you know there is a problem – it's more difficult to reject a carpet once it's been laid, for example.


Make contact
Write to the retailer confirming that you are rejecting the goods; tell them that the goods are available for collection and that you expect a full refund. The retailer may offer to take back the item to see what it can offer, but you must be clear that you want your money back and not a repair.


Weigh up your options
If the retailer refuses to allow you to reject the goods, or does not respond, you should ask yourself the following three basic questions:


1. Do I have a good chance of winning my case at court?


2. If I win, will I be able to recover the money from the other side?


3. Is the amount at stake worth the cost of the court case?


In addition anyone considering starting court action in England and Wales (even in small claims) has to follow the Practice Direction on Pre-Action Conduct.


The Pre-Action Protocol sets out what is expected of the parties to a dispute and the efforts they should both make to keep the dispute out of court.


The parties should be open about their claim and defence and shouldn't hold back information or documents; both should carefully consider whether there is a system of 'Alternative Dispute Resolution' (ADR) open to them that could resolve the dispute rather than going to court.


Alternatively if you paid for some or all of the purchase with a credit card, you may be able to take up the matter with your card company. Under Section 75 of the Consumer Credit Act, it may be jointly liable along with the retailer for the contract as long as the goods cost more than £100 but not more than £30,000.


If you wish to have your faulty goods repaired or replaced:


Get in touch
Contact the retailer, telling them you want the goods repaired or replaced. Be aware that the retailer can decide which to do, if it can show one option is cheaper than the other. If it could show that providing you with a refund (with a deduction for the usage you have had) or a reduction on the purchase price would be a more cost effective remedy then it could insist on that instead.


The repair or replacement must be provided within 'a reasonable time but without causing significant inconvenience'. Suggest a timeframe for getting the repair done or a replacement provided and, if you have to send a faulty item back, get the retailer to agree to reimburse you for the costs of doing this.


Follow up your visit, phone call or email with a letter confirming what you want (and anything the retailer agreed to).


Follow up
If the retailer doesn't repair or replace the item within the agreed time (or a reasonable time), write giving it a final deadline by which you require the goods to be repaired and returned to you or replaced.


Warn the retailer that if the goods aren't back with you by then you will be entitled to exercise your right to 'rescind' the contract.


Rescinding the contract means to end or cancel your contract, if you rescind your contract you should get a refund, minus an amount for the use you have had of it, or a reduction of the purchase to reflect the problem with the goods.


Follow these steps and the ruthless rogues should back down.