How to Prove Goods Were Faulty on Delivery

When goods develop a fault, one of the most important legal questions is whether that fault existed at the time of delivery. This issue is central to enforcing rights under the Consumer Rights Act 2015, particularly when seeking refunds, repairs, replacements, or compensation.

Proving that goods were faulty on delivery is not always straightforward. The law provides helpful presumptions in favour of consumers during certain time periods, but the burden of proof can shift depending on how long has passed since purchase. This guide explains how the legal rules work and what evidence may be used to support a claim.

The Legal Standard: What Counts as “Faulty”?

Under the Consumer Rights Act 2015, goods must:

• Be of satisfactory quality
• Be fit for purpose
• Match their description

If goods fail to meet any of these requirements, they are considered faulty and in breach of contract.

However, it is not enough to show that a fault exists-you may also need to demonstrate that the fault was present at the time of delivery.

Understanding the Burden of Proof

First 30 Days

Within the first 30 days:

• You must show that the goods are faulty
• You do not need to prove the cause of the fault in detail

This is because you have a short-term right to reject, provided the goods do not meet legal standards.

30 Days to 6 Months: Presumption in Favour of the Consumer

Between 30 days and 6 months:

• The law presumes the fault was present at delivery
• The retailer must prove otherwise if they dispute your claim

This is often referred to as the reverse burden of proof.

In practical terms:

• You do not need to prove the fault existed at delivery
• The retailer must show that the fault was caused by misuse, wear and tear, or accidental damage

After 6 Months: Burden Shifts to the Consumer

After six months:

• You must prove that the goods were faulty at the time of delivery

This is often the most challenging stage, as faults may develop over time and evidence may be less clear.

What Does “Fault Present at Delivery” Mean?

A fault present at delivery does not need to be immediately visible. It can include:

• Hidden defects that only become apparent later
• Manufacturing faults that cause premature failure
• Design flaws affecting performance or durability

For example:

• A washing machine that stops working after a few months due to a defective motor
• A piece of furniture that collapses under normal use

In such cases, the issue may still be considered present at delivery even if it appears later.

Types of Evidence You Can Use

Proving a fault requires clear and credible evidence. The type of evidence needed will depend on the timing and nature of the defect.

1. Photographic and Video Evidence

Visual evidence is often the most immediate and persuasive.

Examples include:

• Photos of damage upon delivery
• Videos showing malfunction
• Images of packaging condition

This is particularly useful where goods arrive visibly damaged.

2. Receipts and Product Documentation

You should retain:

• Proof of purchase
• Product descriptions or advertisements
• Order confirmations

These documents help show what was promised and whether the goods match that description.

3. Correspondence with the Retailer

Keep records of:

• Emails
• Complaint letters
• Responses from customer service

This establishes a timeline and shows when the fault was reported.

4. Expert Reports and Independent Assessments

After six months, expert evidence is often essential.

Examples include:

• Reports from engineers or technicians
• Independent inspections (e.g. mechanics, electricians, jewellers)

Such reports may confirm:

• Whether the fault is due to a manufacturing defect
• Whether it is consistent with normal use rather than misuse

5. Evidence of Normal Use

You may need to demonstrate that:

• The goods were used correctly
• No accidental damage occurred

This can include:

• Maintenance records
• Usage history
• Witness statements (in some cases)

6. Evidence of Known Defects

In some situations:

• Evidence that similar products commonly fail may support your case

This could include:

• Manufacturer recalls
• Known defects reported publicly

However, this should be used cautiously and alongside stronger evidence.

Practical Steps to Strengthen Your Claim

Step 1: Act Quickly

Report faults as soon as possible. Delays can:

• Weaken your credibility
• Make it harder to prove the issue existed at delivery

Step 2: Gather Evidence Early

Document:

• The condition of the goods upon arrival
• Any faults as soon as they appear

Early evidence is often the most reliable.

Step 3: Use Clear Written Communication

When contacting the retailer:

• State that the goods are not of satisfactory quality
• Refer to your rights under the Consumer Rights Act

Clarity helps avoid disputes later.

Step 4: Request an Inspection if Needed

If the retailer disputes your claim:

• Ask for an inspection
• Consider obtaining your own independent report

Step 5: Escalate the Dispute

If the issue is not resolved:

• Use Alternative Dispute Resolution (ADR)
• Consider a claim in the County Court (Small Claims Track)

Evidence will be critical in any legal proceedings.

Time Limits for Bringing a Claim

• You generally have 6 years to bring a breach of contract claim in England and Wales
• However, proving faults becomes more difficult over time

Acting promptly significantly improves your chances of success.

Risks and Challenges

• Retailers may argue the fault was caused by misuse
• Evidence may deteriorate over time
• Expert reports can involve cost

In disputes, the outcome often depends on the quality of evidence rather than the existence of the fault alone.

Common Questions

Do I always need an expert report?

No. Within the first six months, the law often works in your favour. After six months, expert evidence becomes much more important.

What if the retailer says I caused the damage?

Within six months:

• The retailer must prove this

After six months:

• You may need evidence to show the fault was inherent and not caused by misuse.

Can I still claim if the fault appeared later?

Yes, if you can show the fault was present at delivery, even if it only became apparent later.

Final Thoughts

Proving that goods were faulty on delivery is a key part of enforcing consumer rights in the UK. The law provides important protections, particularly within the first six months, where faults are presumed to have existed at delivery.

The key points are:

• Goods must meet legal standards of quality, fitness, and description
• The burden of proof depends on how much time has passed
• Strong evidence-such as photos, documents, and expert reports-can significantly strengthen a claim
• Acting quickly and keeping records is essential

By understanding how proof works in practice, consumers can better protect their rights and navigate disputes with retailers effectively.