How to Claim Compensation for Non‑Delivery of Goods

When you buy goods from a trader (online, over the phone or by mail order) and they never turn up, UK law gives you specific rights that you can use to get your money back and, in some cases, claim compensation. This is because every contract of sale includes an implied promise that the seller will deliver the goods you paid for within the time agreed, or if no time was specified, within a reasonable period (generally 30 days).

If a seller fails to deliver, that usually amounts to a breach of contract, and you may be able to pursue the trader through formal dispute processes, including a small claims court. This guide explains your rights step‑by‑step, what to do in practice, and how the legal process works in England and Wales.

Your Legal Rights When Goods Are Not Delivered

1. Contractual Delivery Obligations

Under the Consumer Rights Act 2015 and related consumer contracts law:

• The trader must deliver the goods within the timeframe agreed when you made the purchase.
• If no specific date was set, the law treats delivery as required without undue delay and within 30 days of the contract being made.

Failure to do so is a breach of contract, which means the trader hasn't fulfilled their obligation and you have legal remedies.

2. What Counts as Non‑Delivery

Non‑delivery can include:

• Goods never arriving at all.
• A courier reporting the item as lost or undelivered.
• Delivery to the wrong address or not as agreed.

Your contract is with the seller, not the delivery company - meaning the seller remains responsible for delivery.

Steps to Take Before Claiming Compensation

1. Contact the Seller Promptly

Your first step should always be to contact the seller and raise the issue clearly in writing (email or letter). Provide:

• Order number and purchase details.
• Clear statement that the goods have not been delivered.
• A reasonable deadline for the seller to respond (often 7–14 days).

Keeping a written record protects your legal position later if the matter goes to a formal claim.

2. Refer to Delivery Deadlines in Your Claim

If you agreed a delivery date with the seller (for example, a specific day or expedited delivery), you can emphasise that date in your communications and in any formal claim. If you agreed a date but the seller did not meet it, that strengthens your case.

Getting a Refund and Compensation

1. Refund

The primary remedy for non‑delivery is a full refund of the amount you paid, including delivery charges if these were part of the contract and the item was not delivered. This is the first step and the most common outcome.

2. Compensation for Losses

You may be able to claim damages - a form of compensation - in certain circumstances:

• If the non‑delivery caused financial loss (for example, you had to buy a replacement item at higher cost).
• If the seller's failure to deliver amounted to a serious breach of contract.

Damages in contract law are generally assessed to put you in the position you would have been in if the contract had been fulfilled. This might include the difference between the contract price and any cost you incurred to replace the goods.

Note: Compensation for inconvenience or distress alone is often more difficult, unless linked to clear financial loss or a specific statutory right.

Using the Small Claims Court

If informal resolution fails, you can escalate your dispute to the small claims track of the County Court, which is designed to help consumers recover money without the complexity or cost of full civil litigation.

1. When to Use Small Claims

You can make a small claim to recover:

• The amount you paid for goods not delivered.
• Compensation for any additional financial loss you reasonably incurred because of the non‑delivery.
• Interest and court fees, where applicable.

2. Time Limits

The general limitation period for most consumer breach of contract claims (including non‑delivery) in England and Wales is six years from the date you became entitled to bring the claim - usually when the trader failed to deliver.

Acting promptly helps preserve evidence and strengthens your case.

3. Pre‑Action Requirements

Before issuing a claim you should:

• Send a Letter Before Action, outlining the claim and giving a final deadline for compliance.
• Attempt reasonable dispute resolution without court if possible (for example, mediation).

Courts expect that claimants have taken these steps before filing.

4. Filing the Claim

Claims are usually submitted online via the court's Civil Money Claims system.

You will need to:

• Provide evidence of the sale and non‑delivery (receipts, order confirmations, tracking information).
• Set out clearly what refund and compensation you are seeking.
• Pay a court fee (often recoverable if you win).

5. What Happens Next

Once a claim is issued:

• The seller has a set period to respond (usually 14 days).
• If the seller admits liability, they may pay voluntarily.
• If they defend the claim, the court will schedule a hearing.
• If they don't respond, you may obtain a default judgment.

Alternative Routes Before Court

1. Consumer Ombudsman Schemes

Some sectors (for example, online marketplaces or specific retail industries) offer free ombudsman dispute resolution. These can be quicker and without cost.

2. Trading Standards and Consumer Advice

You can also report a trader to local Trading Standards or seek free guidance from Citizens Advice, which may assist in pressuring a business to comply.

Common Practical Questions

Do I Need a Solicitor?

For most non‑delivery small claims, you do not need a solicitor. The small claims track is specifically designed for individuals to represent themselves, though legal advice can help in complex cases.

Can I Use Section 75 or Chargeback?

If you paid by credit card (and the item is between £100 and £30,000), you may have additional rights under Section 75 of the Consumer Credit Act 1974. If you paid by debit card, you might seek a chargeback from your bank where available. These routes operate separately from a small claim and can often be quicker.

What If the Seller Claims “Custom Made” Goods?

Even where goods are bespoke or made‑to‑order, failure to deliver within a reasonable time or as agreed still gives rise to breach of contract rights. However, some cancellation rights under consumer contracts law may not apply to custom goods once production has started.

Summary

If goods you ordered in England and Wales never arrive:

1. Contact the trader in writing promptly and request delivery or refund.
2. Refer to agreed delivery dates or, if none, the 30‑day default delivery period.
3. Seek a full refund and, where appropriate, claim compensation for financial loss.
4. Send a Letter Before Action if informal attempts fail.
5. Use the small claims court to recover losses if necessary.
6. Consider ombudsman schemes, Section 75 or chargeback as alternative routes.

Understanding and asserting your legal rights under UK consumer law increases the likelihood of successful resolution without litigation, but the court system is available where informal resolution fails.