How to Claim for Consumer Rights Breaches
Complete guide to claiming compensation when sellers misrepresent products or breach consumer rights. Covers false advertising, misdescription, and refund disputes.
Step-by-Step Guide
Document the misrepresentation
10 minsGather evidence of what was advertised or promised versus what you received. Save screenshots of listings, advertisements, and any claims made by the seller.
Tip: Use the Wayback Machine to capture web listings that may be changed or removed.
Attempt to resolve with the seller
15 minsContact the seller in writing, explain the issue, and request a refund or compensation. Keep records of all communications.
Get independent evidence
30 minsIf the product quality is disputed, obtain an independent assessment or valuation to prove the misrepresentation.
Send letter before claim
10 minsSend a formal letter before claim giving 14-28 days to respond. Reference the Consumer Rights Act 2015.
File your claim
20 minsIf no satisfactory response, file via Money Claim Online or form N1. Include all evidence of the misrepresentation.
Need help with this process?
CourtPilot can generate these documents for you automatically.
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
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.
Legal Disclaimer
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.
Related Guides
Industry-Specific Guidance
We have detailed guides tailored for specific industries facing these types of disputes.
eCommerce & Marketplaces
For Amazon, eBay, Etsy, Shopify sellers dealing with chargebacks, unpaid orders, and platform disputes.
Trades & Home Services
For plumbers, electricians, builders, and tradespeople facing payment disputes and unfair claims.
Motor Trade
For used car disputes, vehicle repairs, and motor trade consumer claims.
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