Discover how to make a faulty goods claim in the UK small claims court. Learn your rights, the steps to take, and how ClaimsPilot can help you claim.

Faulty goods claims: your complete guide

When you buy something and it turns out to be faulty, broken, or not fit for purpose, it can feel frustrating — especially when the retailer refuses to help. The good news is that UK consumer law gives you strong protections, and the small claims court exists precisely to help ordinary people resolve disputes like these without needing a solicitor. This guide walks you through everything you need to know about making a faulty goods claim, from understanding your rights to filing your case.

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Your legal rights when goods are faulty

The cornerstone of your rights as a consumer in the UK is the Consumer Rights Act 2015. Under this legislation, goods sold by a trader to a consumer must be:

• Of satisfactory quality — free from defects, safe, and durable
• Fit for purpose — suitable for the use the seller described or that you made clear when buying
• As described — matching any description given by the seller, whether in writing, verbally, or in advertising

These rights apply whether you bought goods in a shop, online, over the phone, or via a catalogue. They apply to new and, in many cases, second-hand goods sold by a trader (though your expectations around quality may reasonably be lower for used items).

It is worth noting that your rights sit with the retailer, not the manufacturer. If the item you purchased is faulty, your claim is against the shop or business that sold it to you — not the brand that made it.

How long do your rights last?

Within the first 30 days of purchase, you have the right to a full refund if goods are faulty — no quibble. After 30 days and up to six months, the retailer must repair or replace the item; if they cannot do so successfully, you are entitled to a refund (which may include a small deduction for use). Beyond six months and up to six years (five years in Scotland), you can still claim, but you may need to provide evidence that the fault was present at the time of purchase.

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What counts as a faulty good?

Not every disappointment with a product qualifies as a fault in the legal sense. Understanding the distinction matters before you pursue a claim.

A fault typically includes:

• A product that stops working prematurely or breaks under normal use
• Goods that arrive damaged or with defects present at manufacture
• Items that do not perform the function they were sold for
• Products that do not match the description or specification advertised

What does not count as a fault:

• Damage caused by misuse, accidents, or neglect on your part
• Normal wear and tear over time
• Faults you were made aware of before purchasing (for example, a reduced-price item sold as “damaged”)
• Issues arising from your own modifications to the product

If there is any doubt about whether a defect was present at the time of sale — particularly after six months — you may need an independent assessment or report to support your case.

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Steps to take before going to court

The small claims court should generally be a last resort. Before filing a claim, you are expected to have made a genuine attempt to resolve the dispute directly with the retailer. Taking the right steps beforehand can also strengthen your case significantly.

1. Contact the retailer

Begin by contacting the retailer clearly and formally, explaining the fault and what remedy you are seeking — whether that is a refund, repair, or replacement. Keep a record of all correspondence, including emails, letters, and notes of any phone calls.

2. Send a letter before action

If the retailer ignores you or refuses your request unreasonably, the next step is to send a letter before action (sometimes called a “letter before claim”). This is a formal notice telling the retailer that you intend to take legal action if the matter is not resolved within a set timeframe — typically 14 days.

A well-drafted letter before action often prompts retailers to settle without the need for court. You can use the ClaimsPilot Letter Before Action tool to generate a professional, correctly formatted letter in minutes.

3. Consider alternative dispute resolution

Some retailers are members of an Alternative Dispute Resolution (ADR) scheme or an ombudsman service. If they offer this route, you are generally expected to consider it before issuing court proceedings. The Citizens Advice website has useful guidance on ADR options.

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Calculating what you can claim

In a faulty goods claim, you are typically seeking to be put back in the position you would have been in had the fault not occurred. Depending on the circumstances, this could include:

• A full or partial refund of the purchase price
• The cost of repair if you had to pay someone else to fix the item
• Consequential losses — for example, if a faulty appliance damaged your property, or a broken tool meant you could not complete a job and lost income
• Statutory interest on the amount owed, calculated at 8% per annum from the date the debt arose

It is important to be realistic about what you claim. Courts expect claims to be proportionate, and you should be able to evidence every element. Use the ClaimsPilot Interest Calculator to work out how much statutory interest may be due on your claim.

Keep all receipts, invoices, photographs of the fault, and any reports or expert opinions you have obtained. These will form the basis of your evidence.

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How to make a small claims court claim for faulty goods

If the retailer still refuses to engage after your letter before action, you can issue a claim through the court. In England and Wales, faulty goods disputes up to £10,000 fall within the small claims track, making the process relatively accessible and low-cost.

Filing your claim online

The quickest way to start proceedings in England and Wales is via the Money Claim Online (MCOL) service on GOV.UK. You will need to provide:

• Your details and those of the defendant (the retailer)
• A clear, factual description of your claim
• The amount you are claiming, including any interest
• Evidence that you attempted to resolve the matter before going to court

Court fees

Small claims court fees are scaled according to the amount you are claiming. As a rough guide, claiming up to £300 costs £35; up to £500 costs £50; up to £1,000 costs £70; up to £1,500 costs £80; and so on. You can check the current fee schedule on the GOV.UK court fees page. If you win, the defendant will ordinarily be ordered to reimburse your court fees.

What happens next?

Once your claim is issued, the retailer has 14 days to respond. If they do not, you can apply for a default judgment. If they contest the claim, it will be listed for a hearing. Small claims hearings are deliberately informal — you do not need a barrister or solicitor, and the judge will guide the process. Prepare by organising your evidence clearly and being ready to explain the facts in plain terms.

For claims in Scotland, the Simple Procedure handles disputes up to £5,000. In Northern Ireland, the small claims procedure covers claims up to £3,000.

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Common mistakes to avoid

Even strong cases can be undermined by avoidable errors. Watch out for the following:

• Not keeping evidence — always photograph faults as soon as you notice them and save all receipts and communications
• Leaving it too late — while you generally have up to six years to bring a claim, acting promptly makes your case stronger and avoids complications around evidence
• Claiming too much — only claim for losses you can evidence and that are directly linked to the faulty goods
• Skipping the letter before action — courts expect you to have tried to resolve the matter; failing to send a letter before action could count against you
• Getting the defendant’s name wrong — make sure you name the correct legal entity (for example, the registered company name, not just the trading name)

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Ready to start your faulty goods claim?

You do not need to be a legal expert to pursue a faulty goods claim. With the right preparation and the correct steps, many disputes are resolved before they ever reach a courtroom — and when they do go to court, ordinary consumers win regularly.

ClaimsPilot is designed to make the process straightforward. From generating your letter before action to helping you structure your claim, our platform guides you through every stage.

Start your faulty goods claim with ClaimsPilot →
This guide is for informational purposes only and does not constitute legal advice. If you are unsure about your specific situation, consider seeking independent legal guidance.