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Shop purchase
Where you have a dispute over something you bought in a shop and the value of your dispute is less than £10,000, then our Small Claims service should be able to help.
If you bought it in a shop or using an internet shop (not a private trader) the following rights apply if the item is faulty.
If you bought online you also have a 14 day right to cancel and get a refund –even there is nothing wrong but you’ve changed you mind. If that applies click here to read about your 14 day right to a refund for your internet purchase.
Problems that you may face include the item you bought:
- Breaking down
- Never working properly
- Causing an injury.
| Your rights where you are unhappy with the product or item you have bought: |
Don’t let the shop fob you off by saying you should take it up with the company that made the item. Your main rights are against the shop or supplier you bought from. These are known as your ‘statutory rights’.
Products you buy should:
Did you pay by Credit Card? Finally you may also have rights against the company that made the faulty product (known as the manufacturer). This can be in cases where a product causes an injury but is mainly when the item comes with a guarantee or warranty. Guarantee or warranty: What you are entitled to will be set out in the wording. You may also be given useful extra rights to claim whatever is permitted by the terms of that guarantee or warranty. This often lasts 6 months but can be longer. However your rights against the shop or supplier will often last longer. |
| What do you have to prove to bring a claim? |
1: That you bought the item form the particular shop or supplier. A receipt or other proof of purchase will prove this.
2: That the product is not working properly (not fit for its purpose). This is usually a matter of common-sense when the item is inspected by the shop or supplier.
3: If the problem occurs more than 6 months after you bought it then you may need to show the problem was not your fault and was not down to:
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| What evidence should you collect together? | 1: Proof or when and where you bought the item. 2: If the shop (or adverts for the product) made any particular claims about the item then you should make a note of these. 3: If you have suffered any losses and expenses you should keep receipts or other proof of these costs to you. 4: If you suffered an injury caused by the product, then get it checked by your GP or hospital – so there is an independent record of your injury. |
| Your claim: What you can you claim from the shop or supplier of the item. |
What you can claim depends on what is reasonable in the particular circumstances for the type of product at fault. So, if a product you’ve bought develops a fault you may be entitled to the following from the shop or supplier:
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| What is the deadline for starting a claim at court? | Usually you have 6 years from the date you first suffered loss or harm from the defective product. This reduces to 3 years if you suffered a physical injury. However, you will usually have much less time from when you bought the product to be able to claim the product was at fault and that it is reasonable for you to receive compensation. How long is reasonable will depend on the item and its cost and how long it is expected to last. |
| Example claims |
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Information to include | Sample letter – shop purchase faulty | |
| 1 | Start of official letter to other side. | [If you know the person’s name]: Dear Mr Smith, [If you do not know their name]: Dear Sirs, |
| 2 | Background Any relevant background information:
If relevant, any promises made about the product by the shop’s advertising or by the salesperson who served you. |
Background On 15 April 2013 I bought a washing machine from your shop at Broadmead shopping centre, Bristol . The details are:
The sales assistant (female about 40 years old with dark hair) told me this was the best model for heavy duty washing of my team’s rugby kit. |
| 3 | Payments Details of any payments requested and any payments made. | I paid a deposit of £100 by credit card when in store on 15 April 2013. I paid the balance of £400 on 15 May 2013 over the phone by debit card. I assume there is no dispute over the payments but I can obtain proof if needed. |
| 4 | Complaint Describe clearly why you are unhappy. Be clear about why you think the other person is responsible. | Complaint Description of fault: For the first couple of weeks it seemed fine. Then I noticed it was not cleaning properly. Then on 25 May 2013 I came back to find that it had stopped mid cycle, there was smoke coming from the back and it had flooded my kitchen and entrance hall. When I took out my load of washing it was ripped and damaged. I attach photos taken of the smoking machine, flooding and damaged washing As you will see from the photos of the damaged clothing, I had not overloaded the machine. Conclusion: I therefore consider it to be faulty and ‘not fit for purpose’. |
| 5 | Problems caused Give details of any problems you have suffered as a result. If relevant, attach photographs | Problems caused Damage to my kitchen, entrance hall and washing. This is shown in the photos. I can no longer use the washing machine. |
| 6 | Losses and expenses If the problems have caused you losses or expenses. Also provide proof of the damage and cost of repairs or replacement wherever possible. Damaged property: you are entitled to the cost of replacing the item with an equivalent of similar condition. Unless an item is pretty new this is a “second hand” value. Injury: If you have been injured by the faulty product you may be able to claim injury compensation. You should mention this when getting your Free Initial Assessment from us. | Losses and expenses I value the losses I suffered as follows:
Total: £1,000
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| 7 | Remedy Be as clear as possible about the remedy you would like. Refund: The legal right to have your money back only lasts for a short time. You can still ask for this but if you have had the item for a while before complaining then, in law, you may only be entitled to a repair or a replacement. It comes down to what is reasonable in the circumstances. | Remedy Please either: Replace the machine and pay my additional losses and expenses (set out above) that total £500. Or refund the cost of the machine and pay my losses and expenses (set out above) giving a total of £1,000. |
| 8 | Reply Give your opponent 14 days to reply to the letter – to:
OR
OR
| Reply Please do not ignore this letter. I would like us to try to resolve our dispute without court proceedings and legal costs. Please reply in the next 14 days, so that this dispute can be resolved as set out in this letter. Arrangements: I am happy to agree a time with you to inspect the problems at my home. Please telephone me to discuss the arrangements for inspection within the next 14 days. The best daytime number to use is my mobile of 0799 043 732. Within the next 14 days, please either contact me to arrange to inspect the washing machine or send me a cheque for the money requested, made payable to Mr Ian Rate to my home address. If you do not agree that you are liable and/or do not agree with the remedy sought, then please reply within 14 days with a detailed explanation of why not. |
| 9 | Consequences Point out that ignoring your letter will mean you may start legal proceedings for the court to deal with the dispute and that you may refer the judge to your letter. | Consequences I am sure this will not prove necessary but if I do not hear from you within 14 days then I reserve the right to start court proceedings without further reference to you. I will ask the court for an order that you pay me money requested in this letter – £1,000. If I do have to issue court proceedings, I will refer the court to this letter and I will also ask the court to order you to pay me interest, court fees and legal costs. I would also report the matter to Trading Standards Department. I look forward to hearing from you within the next 14 days. |
| 10 | Ending | Yours sincerely, Ian Rate |
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