Making a Small Claims Court Claim Under the Consumer Rights Act 2015

Last updated: March 2026

Quick Answer

The Consumer Rights Act 2015 (CRA 2015) is the primary legislation protecting consumers who buy goods, services, or digital content in the United Kingdom. If a trader sells you faulty goods, provides a substandard service, or supplies defective digital content, you have statutory rights to a repair, replacement, price reduction, or refund — and if the trader refuses, the small claims track of the County Court is the most accessible route to enforce those rights. Claims up to £10,000 can be brought without a solicitor, with limited costs risk.

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Understanding the Consumer Rights Act 2015

The CRA 2015 consolidated and replaced several older pieces of consumer protection legislation, including the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982, and the Unfair Terms in Consumer Contracts Regulations 1999. It applies to contracts between a consumer and a trader — it does not cover private sales between individuals.

Key Definitions

Consumer: An individual acting for purposes that are wholly or mainly outside their trade, business, craft, or profession (section 2(3) CRA 2015).

Trader: A person acting for purposes relating to their trade, business, craft, or profession, whether personally or through another person acting on their behalf (section 2(2) CRA 2015).

This distinction matters. If you buy a second-hand car from a private seller on social media, the CRA 2015 does not apply — your rights are more limited under the general law. If you buy the same car from a dealer, the full protection of the CRA 2015 applies.

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Part 1: Faulty Goods (Sections 9-18)

Your Statutory Rights

When a trader sells you goods, those goods must meet the following standards. If they fail any of these tests, you have a claim.

Satisfactory Quality: What Counts?

Section 9(3) lists specific factors the court will consider when assessing satisfactory quality:

• Fitness for all usual purposes — A waterproof jacket must actually be waterproof
• Appearance and finish — Cosmetic defects count, particularly for higher-priced items
• Freedom from minor defects — Even small faults can render goods unsatisfactory if a reasonable person would not expect them
• Safety — Goods must be safe for normal use
• Durability — Goods must last a reasonable time. A washing machine that breaks after three months is unlikely to be of satisfactory quality; one that breaks after eight years probably is

Important note on second-hand goods: Satisfactory quality takes account of price and description. A second-hand car sold for £1,500 is not expected to be in the same condition as a new car — but it must still be roadworthy, broadly as described, and free from undisclosed defects.

The Remedies: Short-Term Right to Reject, Repair, Replace, or Price Reduction

The CRA 2015 introduced a structured remedies framework for faulty goods, with different rights available at different stages.

Stage 1: Short-Term Right to Reject (First 30 Days)

If you discover a fault within 30 days of taking ownership, you have the right to reject the goods outright and receive a full refund (section 22). This is a powerful right — the trader cannot insist on a repair or replacement. You simply return the goods and get your money back.

The 30-day period can be extended if you agree to a repair during that window — the clock pauses whilst the repair is attempted.

Stage 2: Repair or Replacement (After 30 Days)

After 30 days, you lose the automatic right to reject. Instead, you must give the trader one opportunity to repair or replace the goods (section 23). You choose whether you want a repair or a replacement, though the trader can refuse your choice if it is disproportionately costly compared to the alternative.

The repair or replacement must be carried out:

• Within a reasonable time
• Without significant inconvenience to you
• At the trader's cost (including any necessary collection)

Stage 3: Final Right to Reject or Price Reduction

If the repair or replacement fails — or if the trader refuses to carry it out, or fails to do so within a reasonable time — you then have the right to either:

• Reject the goods for a refund (which may be reduced for the use you have had), or
• Keep the goods and receive a price reduction reflecting the fault

The Six-Month Rule

Under section 19(14), if a fault appears within the first six months of purchase, it is presumed to have been present at the time of delivery. The trader must prove otherwise. After six months, the burden shifts to the consumer — you must show the fault was inherent rather than caused by wear and tear or misuse.

This is significant for small claims. If you bring a claim within six months, you do not need an expert report to prove the goods were faulty at the point of sale. After six months, an expert opinion (even an informal one) can strengthen your case considerably.

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Part 2: Services (Sections 48-57)

Your Statutory Rights

When a trader provides a service — whether it is a plumber fixing a leak, a mechanic servicing your car, or a decorator painting your kitchen — the CRA 2015 implies the following terms into the contract:

Remedies for Substandard Services

If a service does not meet these standards, you have the right to:

1. Require the trader to repeat the performance — The trader must redo the work properly, at no additional cost, within a reasonable time, and without significant inconvenience (section 55)
2. Receive a price reduction — If repeat performance is impossible, or if the trader fails to redo the work within a reasonable time, you are entitled to a price reduction, which may be up to 100% of the contract price (section 56)

Common scenario: You hire a builder to retile your bathroom. The tiles are uneven and several are cracked. Under the CRA 2015, you can require the builder to redo the work at no extra charge. If the builder refuses or fails to attend, you are entitled to a price reduction — and you can hire another builder to do the work properly and claim the cost as your loss.

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Part 3: Digital Content (Sections 33-47)

The CRA 2015 was the first UK legislation to give consumers specific statutory rights in relation to digital content — a category that includes software, apps, games, films, music, e-books, and any other data supplied in digital form.

Your Statutory Rights

Remedies for Defective Digital Content

The remedies mirror those for goods:

1. Repair or replacement — The trader gets one opportunity to fix or replace the content
2. Price reduction — If repair or replacement fails, or is not carried out within a reasonable time, you are entitled to a reduction of up to 100%
3. Damage to device or other digital content — Under section 46, if defective digital content causes damage to your device or other digital content, the trader must either repair the damage or compensate you

Practical Considerations for Digital Content Claims

Digital content claims can be tricky in practice. Evidence may include screenshots of error messages, records of crashes or malfunctions, and correspondence with the trader's technical support team. If the digital content was purchased through an online marketplace, you may need to consider whether your claim lies against the developer or the platform.

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How to Bring a Small Claims Court Claim

Step 1: Write a Letter Before Action

Before issuing proceedings, send the trader a formal Letter Before Action (also called a letter of claim). This should:

• Identify the goods, service, or digital content
• Describe the fault or breach
• State the specific section(s) of the CRA 2015 that have been breached
• Specify the remedy you are seeking (refund, repair, replacement, or price reduction)
• Give the trader a reasonable deadline to respond — 14 days is standard
• Warn that you will issue court proceedings if the matter is not resolved

Keep a copy of this letter. If the matter goes to court, the judge will want to see that you followed the pre-action protocol.

Step 2: Gather Your Evidence

Collect everything that supports your claim:

• Proof of purchase — Receipt, bank statement, order confirmation, or invoice
• Photographs or videos — Of the faulty goods, defective work, or damage
• Correspondence — Emails, letters, text messages, or chat logs with the trader
• Expert evidence — For claims over six months old, a report or letter from an independent expert (e.g., an independent mechanic, surveyor, or IT professional) can be invaluable
• Quotes for remedial work — If you are claiming the cost of having the work redone by someone else

Step 3: Issue the Claim

File your claim using the N1 claim form, either online through Money Claims Online or on paper at your local County Court. In your particulars of claim, specify:

• The date and nature of the contract
• The relevant sections of the CRA 2015
• How the goods, service, or digital content failed to meet the statutory standard
• The remedy you sought and the trader's response
• The financial loss you have suffered

Step 4: Prepare for the Hearing

If the trader files a defence, the court will allocate the case to the small claims track (assuming the value is within limits) and set a hearing date. You will need to prepare a hearing bundle containing all of your evidence, witness statements, and relevant correspondence.

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Practical Tips for CRA 2015 Claims

Acting Quickly Strengthens Your Position

The sooner you raise a complaint, the stronger your position. A consumer who discovers a fault on day one and immediately contacts the trader is in a far better position than one who waits several months. Acting quickly also preserves your short-term right to reject within the first 30 days.

The "Reasonable Person" Test

Many CRA 2015 rights are assessed against what a "reasonable person" would expect. This is an objective test — not what you personally expected, but what an average consumer would consider acceptable. This means that expectations must be proportionate. A £30 kettle is not expected to last as long as a £200 one, and a budget car service is not expected to be as thorough as a premium one.

Dealing with "No Refund" Signs and Unfair Terms

Traders cannot contract out of the CRA 2015. Any term that attempts to exclude or limit your statutory rights is unfair under Part 2 of the Act and is not binding on you. A sign saying "No refunds" does not override your right to a refund for faulty goods. Similarly, terms requiring you to return goods within an artificially short period (e.g., 7 days) cannot override the statutory 30-day rejection period.

Section 75 and Chargeback

If you paid by credit card (for purchases over £100 and up to £30,000), you may also have a claim against your credit card provider under Section 75 of the Consumer Credit Act 1974. For debit card purchases, a chargeback request through your bank is an alternative route, though it is not a statutory right. These options can be pursued alongside or instead of a court claim.

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Preparing Your Evidence Bundle with BundleCreator

A CRA 2015 claim lives or dies on its evidence. Your proof of purchase, photographs of defects, expert reports, and correspondence with the trader all need to be presented to the court in a clear, logical order.

BundleCreator.co helps you assemble your evidence into a professional, paginated hearing bundle with an automatic table of contents and page numbering. Upload your documents, drag them into the right order, and produce a bundle that makes it easy for the District Judge to follow your case from start to finish.

Create your consumer rights hearing bundle at BundleCreator.co

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Frequently Asked Questions

How long do I have to bring a claim under the Consumer Rights Act 2015?

For goods, services, and digital content, the limitation period for a breach of contract claim is six years from the date of breach (Limitation Act 1980, section 5). However, the longer you wait, the weaker your position — particularly because the six-month presumption (that faults were present at delivery) only applies within the first six months.

Can I claim against an online retailer based overseas?

If the trader directed their activities towards UK consumers (for example, through a .co.uk website, advertising in the UK, or accepting payment in pounds sterling), you can generally bring a claim in the English courts. However, enforcement of any judgment against an overseas company can be difficult in practice.

What if the trader says I caused the damage?

This is a common defence. The trader must prove that the damage was caused by misuse, accidental damage, or normal wear and tear rather than an inherent fault. Within the first six months, the burden of proof is on the trader. After six months, you may need an independent expert opinion to demonstrate that the fault was not caused by your use of the product.

Do I need a solicitor for a CRA 2015 small claim?

No. The small claims track is designed for litigants in person, and CRA 2015 claims are amongst the most common types of small claims. The Act is written in relatively plain English, and the key concepts — satisfactory quality, fit for purpose, as described — are intuitive. That said, for complex or high-value claims (approaching the £10,000 limit), a solicitor's advice on the legal issues can be worthwhile.

What about goods bought from marketplaces?

If you buy from a third-party seller on an online marketplace, your contract is usually with the seller, not the marketplace itself. However, the Online Safety Act 2023 and forthcoming regulations are expected to impose greater responsibilities on platforms. In the meantime, check the marketplace's buyer protection policies, which may offer an alternative remedy.

Can I claim for consequential losses?

Yes, provided the losses are a foreseeable consequence of the breach. For example, if a faulty washing machine floods your kitchen, you can claim not only for a refund or replacement of the machine but also for the cost of repairing the water damage. Consequential losses must be reasonable and evidenced — keep receipts and photographs.

What happens if the trader goes into administration or liquidation?

If the trader becomes insolvent, enforcing a County Court judgment becomes very difficult. You would need to register your claim with the insolvency practitioner as an unsecured creditor, but the prospects of recovering money are usually poor. This is why Section 75 credit card claims (where available) are valuable — they give you a direct claim against the card provider, which remains solvent.

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Stevie Hayes is the founder of BundleCreator.co, helping litigants in person and legal professionals prepare court-ready document bundles across all areas of law.