Proving Faulty Goods Claims

When a product you've bought does not work as expected or has defects, UK consumer law gives you the right to challenge the seller. To succeed in a faulty goods claim-for a refund, repair, replacement, price reduction or other remedy-you typically need to demonstrate that the goods were not of acceptable quality. This article explains how to prove a faulty goods claim under the Consumer Rights Act 2015 and related legal principles in England and Wales.

Understanding Your Legal Rights

Under the Consumer Rights Act 2015 (CRA 2015), goods supplied by a trader must be:

• Of satisfactory quality (free from defects that a reasonable person would not accept).
• Fit for purpose (suitable for the uses they are sold for).
• As described (matching descriptions, samples and specifications given at the time of sale).

If the goods do not meet these standards, you may have a legal claim.

When You May Need Evidence

If you and the seller agree that the goods are defective, obtaining a remedy is usually straightforward. But if the seller disputes that the goods are faulty, evidence becomes essential to establish your claim.

Types of Evidence That Can Help

The strength of your evidence affects the likelihood of success in informal negotiations, dispute resolution, or court claims:

• Photographs and videos clearly showing the defect.
• Written descriptions and timelines of when and how the issue was discovered.
• Expert reports from a qualified professional (e.g. engineer, technician) stating that the fault arises from a manufacturing defect rather than misuse.
• Witness statements, if appropriate, from people who saw the defect when the product was unpacked.
• Retained parts or materials that are faulty rather than discarded.

Good records support your case if the matter ends up before a court or alternative dispute resolution (ADR) scheme.

Burden of Proof: Who Must Show What?

The burden of proof determines who must show whether the goods were faulty and when the fault existed.

First 30 Days: Short‑Term Rejection

If you reject the goods within the initial 30‑day period, you have to show that the goods are faulty now. This is typically done by presenting clear evidence of the defect.

Between 31 Days and 6 Months

During the first six months after delivery, the law provides a rebuttable presumption that the fault existed at the time the goods were supplied - unless the seller can demonstrate otherwise. In practice, this means:

• You do not usually have to prove the fault was there at delivery.
• The retailer must show the goods were satisfactory at the point of sale or that the defect arose after delivery (e.g. misuse).

This reversed burden of proof makes it easier to pursue a claim within the first six months.

After Six Months

Once more than six months have passed since delivery, the burden generally shifts back to the consumer to show that the fault was present when the goods were supplied. This often requires more substantial evidence such as an expert report or technical assessment.

Practical Steps to Prove a Faulty Goods Claim

1. Document the Fault Promptly

As soon as you notice a problem:

• Take high‑quality photos and videos.
• Write down exactly when you first detected the issue.
• Keep all packaging and original documents.

This helps paint a clear factual picture of the fault.

2. Communicate in Writing

When notifying the seller:

• Include dates, order numbers and a clear description of the fault.
• Attach your photographic or video evidence.

Written records can be shared with ADR bodies or courts if needed.

3. Obtain Expert Evidence if Necessary

If the dispute is complex or technical:

• An expert assessment (e.g. from an engineer) can establish the cause of the defect and whether it was present at delivery.
• Make sure the expert is properly qualified and independent.

Expert reports can be persuasive in court, but they can also be costly, so weigh the value of the claim against the likely expense.

4. Consider ADR or Court Proceedings

If the seller refuses to accept your claim:

• Use a recognised alternative dispute resolution (ADR) scheme, if available.
• If ADR fails or is unavailable, you may make a claim in the small claims court or a higher civil court, depending on the value.

When presenting your case formally, organise your evidence in a clear, chronological manner.

Time Limits Affecting Faulty Goods Claims

Type of Claim	Time Limit (England & Wales)
Short‑term rejection for refund	Within 30 days of delivery
Presumption of fault applies	Up to 6 months after delivery
Legal action for breach of contract	Up to 6 years (Limitation Act 1980)

If your claim is for contractual breach rather than immediate remedies under the CRA 2015, the general six‑year limitation period applies, although evidence requirements remain key.

Common Questions

Do I need an expert report for all claims?
No. For obvious and easily demonstrable faults, photos and descriptions may suffice. Expert reports are most useful when the cause of a defect is disputed or technical.

Can consumer guarantees affect my evidence needs?
If a separate warranty or guarantee was offered by the manufacturer, you might use that alongside your statutory rights. However, the burden of proof under a warranty may differ and should be evaluated separately.

What if the seller claims wear and tear?
Evidence that the issue is a manufacturing or material defect - rather than fair wear and tear - is often central to successful claims, particularly after six months.

Key Takeaways

Proving a faulty goods claim in England and Wales depends on:

• Showing that the goods fail to meet legal standards under the Consumer Rights Act 2015.
• Collecting detailed evidence such as photos, videos and expert assessments where necessary.
• Understanding how the burden of proof shifts over time - from consumer to seller and back.
• Preparing clear, organised documentation if the dispute escalates to ADR or court.

Prompt action and thorough evidence improve your chances of a favourable outcome.