Your Right to Repair or Replace Under CRA 2015

Consumer Rights Act 2015 s.23: Your Right to Repair or Replace

When goods are faulty, the Consumer Rights Act 2015 s.23 gives you an automatic right to repair or replacement. The retailer must choose which to offer first, but it must be at no cost to you. The repair or replacement must happen within a reasonable time without major inconvenience. If they fail, you can demand a full refund.

What Is a Reasonable Time?

Reasonable time depends on the item. For common electronics (phones, headphones, appliances), 30 days is standard. For more complex items (laptops, vehicles, specialized equipment), 60-90 days may be reasonable. The retailer cannot take months for repair without offering a refund alternative. If a repair takes 10+ weeks, it is likely beyond reasonable time and you can demand a refund.

When Repair Becomes Disproportionate

Even if a repair is technically possible, the retailer cannot carry it out if it is disproportionate (costs more than the item is worth or causes significant inconvenience). For example, if a 200 pound laptop requires a 250 pound repair, you can demand a refund. Similarly, if repair means being without the item for 3 months, this is disproportionate for everyday items and you can demand a refund.

Step-by-Step: How to Demand Repair, Replacement, or Refund

1. Document the fault: Take photos or videos showing the fault. Keep all packaging and receipts. Note the purchase date and when you discovered the problem.
2. Contact the retailer within 30 days: Email or call the retailer stating the goods are faulty under s.23 CRA 2015 and demand repair or replacement. Keep a copy of all communication.
3. Give them 30 days to repair or replace: This is reasonable time for most items. If they agree, get written confirmation of the repair date.
4. If repair is unreasonably delayed: After 30 days (or 60+ for complex items) with no repair or replacement, write demanding a refund instead, citing s.23 and stating repair has exceeded reasonable time.
5. If they refuse a refund: File a claim in small claims court for the full refund plus costs. Reference s.23 and explain why repair failed (disproportionate delay, impossibility, or disproportionate cost).
6. At court: Present evidence: receipt, photos of fault, communication with retailer, and timeline showing repair exceeded reasonable time.

Burden of Proof: Who Must Prove the Fault?

Within six months of purchase, the law assumes the fault existed at the time of sale unless the retailer proves otherwise. After six months, you must prove the fault existed when you bought it. This is called the "burden of proof switch". Before six months, ask the retailer to prove they sold it in good condition. After six months, provide evidence the fault is due to manufacturing defect, not misuse.

Compensation Beyond Refund

You can claim compensation for loss caused by the faulty item: loss of work (if faulty laptop caused missed work), cost of hiring a replacement, inconvenience of being without the item, and distress. Small claims courts commonly award 50-200 pounds in addition to the refund for significant faults and unreasonable delay.

When to Escalate to Small Claims Court

If the retailer refuses a refund after repair has exceeded reasonable time, go to small claims court (MCOL online). Claims up to 10,000 pounds are fast and low-cost. You can represent yourself. Courts take s.23 breaches seriously and almost always award full refunds.