Step-by-step
Document the misrepresentation
Gather evidence of what was advertised or promised versus what you received. Save screenshots of listings, advertisements, and any claims made by the seller.
Attempt to resolve with the seller
Contact the seller in writing, explain the issue, and request a refund or compensation. Keep records of all communications.
Get independent evidence
If the product quality is disputed, obtain an independent assessment or valuation to prove the misrepresentation.
Send letter before claim
Send a formal letter before claim giving 14-28 days to respond. Reference the Consumer Rights Act 2015.
File your claim
If no satisfactory response, file via Money Claim Online or form N1. Include all evidence of the misrepresentation.
Understanding Consumer Rights Claims
Under the Consumer Rights Act 2015, goods must be as described, of satisfactory quality, and fit for purpose. Services must be performed with reasonable care and skill. When sellers breach these rights, you can claim compensation.
Common scenarios:
- Car sold with false mileage
- Product significantly not as described
- False advertising claims
- Seller refuses refund for faulty expensive service
Your rights:
- Short-term right to reject (30 days) for full refund
- Right to repair or replacement
- Right to price reduction or final rejection
- Compensation for consequential losses
Evidence You Need
Essential evidence:
- Original advertisement or listing (screenshots, printouts)
- Proof of purchase (receipt, bank statement)
- Photos showing the misrepresentation
- Communications with seller
Helpful evidence:
- Independent assessment or valuation
- Expert opinion on product condition
- Similar products for comparison
- Witness statements
Tips:
- Screenshot listings immediately - sellers often change them
- Keep packaging and labels
- Document everything with dates
What You Can Claim
Typical claim value: £100 - £10,000
You can claim:
- Full refund of purchase price
- Difference between value as described vs actual value
- Consequential losses (e.g., inspection costs)
- Interest on the amount owed
Example calculations:
- Car advertised as 50,000 miles but has 100,000: Claim difference in value
- Product advertised as "new" but refurbished: Claim full refund or price difference
- False advertising led to wasted costs: Claim those costs
Legal Framework
Consumer Rights Act 2015:
- Section 9: Goods must be of satisfactory quality
- Section 10: Goods must be fit for purpose
- Section 11: Goods must match description
- Section 49: Services performed with reasonable care and skill
Misrepresentation Act 1967:
- Applies to false statements that induced you to enter a contract
- Can claim rescission (undo the contract) or damages
Consumer Protection from Unfair Trading Regulations 2008:
- Protects against misleading actions and omissions
- Covers aggressive selling practices
Frequently asked questions
How long do I have to make a consumer rights claim?
You have 6 years from the date of purchase to bring a claim in England and Wales (5 years in Scotland). However, the 30-day short-term right to reject for a full refund is much shorter, so act quickly for faulty goods.
What if the seller says "sold as seen"?
"Sold as seen" does not remove your consumer rights when buying from a business. The Consumer Rights Act 2015 cannot be excluded. However, private sales have fewer protections, and obvious defects you could have spotted may not be claimable.
Can I claim against online marketplaces like eBay or Amazon?
Generally, your claim is against the seller, not the platform. However, if Amazon is the seller (not a third-party), you claim against Amazon. Platforms may have buyer protection schemes that can help resolve disputes before court.
What if the seller has gone out of business?
If the seller is a limited company that has dissolved, you may be able to apply to restore it to the register. For credit card purchases over £100, you can claim against your credit card provider under Section 75 of the Consumer Credit Act.
Do I need a solicitor for a consumer rights claim?
No. Small claims court is designed for people to represent themselves. The informal process and limited cost recovery mean solicitors are rarely cost-effective for claims under £10,000.
This guide provides general information about UK small claims court procedures and is for educational purposes only. It does not constitute legal advice. CourtPilot is not a law firm and is not regulated by the Solicitors Regulation Authority. The law may have changed since this guide was last updated. For advice specific to your situation, please consult a qualified solicitor or seek help from Citizens Advice.