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Complain to the trader first

If you have a problem with goods or services, complain to the trader first. Follow up any complaint you've made in writing. 

If the trader doesn't respond to your complaint, write again.

When you write to the trader always give a deadline for reply, eg 14 days.

If you don’t agree with the trader’s response to your complaint or don't hear back at all, you can:

• complain to your finance company if you paid using a credit card or credit agreement 
• see if a trade association or an ombudsman can help 
• try mediation or arbitration to see if you and the trader can reach an agreement 
• get a second opinion from an independent expert
• take the trader to court

If a company goes out of business, the process is different (see link below).

• What to include in your complaint letter

• Complaining about goods bought on credit

• Claiming money from a company that’s gone out of business (money, tax and benefits section)

See if a trade association or ombudsman can help

Ask the trader if they are a member of a trade association or ombudsman scheme.

Ombudsmen and trade associations can provide a free formal complaints service to help sort out the dispute.

Before you can use the formal complaints service, you usually have to give the trader a 'reasonable time' to respond to your complaint. For ombudsmen, this time is usually eight weeks.

The trade association or ombudsman will investigate your complaint and make a recommendation.

The recommendation is usually accepted by the trader, but it is not legally binding.

This means you can still go to court if you disagree with the decision or the trader doesn't follow it.

• List of ombudsmen (British and Irish Ombudsman Association) Opens new window

• Find a trade association Opens new window

Try mediation or arbitration

Mediation is where an impartial third person helps both sides in a dispute come to an agreement. It's also known as conciliation.

Mediation is voluntary – both you and the trader have to agree to take part. The mediator will then arrange a meeting with you and the trader. If you don't want to meet the trader, the mediator can act as a go-between.

The mediator will:

• set ground rules for discussion
• make sure both sides are heard
• try to find common ground
• suggest ways forward

The mediator won't decide the outcome – you and the trader will decide what will happen to solve the problem.

If you and the trader reach a written agreement, this is called a settlement. This means you can't then take your case to court unless it's to enforce the decision, eg to get compensation agreed.

Costs of mediation

Ombudsmen and trade associations may provide mediation for free.

For example, trade associations with a code of practice that has been approved by the Office of Fair Trading must provide low-cost mediation.

You can also find a mediation service by using the 'find a civil mediation provider' tool, using the link below.

For a dispute of less than £5,000, fees can start at £50 plus VAT for one hour of mediation. But mediation should still be cheaper than going to court in person or hiring a lawyer.

The charity LawWorks can also provide free mediation if you can’t afford to pay and don't have any other way of paying.

• Search for a business with an OFT Approved code Opens new window

• Find a civil mediation provider Opens new window

• LawWorks mediation Opens new window

Arbitration

Arbitration is similar to mediation, but the third party will decide the outcome and this is legally binding on both sides.

Get a second opinion

If you can’t solve the issue by making a complaint or trying mediation, you may want to get a second opinion from an independent expert.

This can help you decide what you should do next. For example, you may want to send a jacket to a testing house for a dispute about dry cleaning.

You may be able to get a free opinion from another trader, eg a garage for a car fault.

But if you want the expert to provide a report on whether an item or service is faulty, you may have to pay for the report.

Before you pay an expert to produce a report:

• talk to the trader – a court may ignore the report if the trader didn't agree to it
• ask the trader if they will share the cost of the report
• try to agree with the trader in writing that you will follow the expert’s recommendations (this may avoid the need for court)

Ombudsmen and trade associations can provide expert reports.

Take the trader to court

Going to court should be your last resort if you and the trader can't settle a dispute.

It can be expensive and difficult to prove your case. If you lose, you may have to pay the other side's costs.

You should get legal advice before you start a court claim, eg from Citizens Advice or a law centre.

If you start a claim for less than £5,000, the courts provide a mediation service at no extra cost.

• Where to get legal advice (government, citizens and rights section)

• Making a court claim (money, tax and benefits section)

• Using small claims mediation (money, tax and benefits section)

More useful links

• Consumer rights - an introduction

• Buying a service - your consumer rights

• Making a complaint against a private organisation (government, citizens and rights section)