Trade Advice Document
This guidance is for England, Scotland and Wales
If you are in dispute with a trader over goods bought in the UK, you can obtain advice on your legal rights from the Citizens Advice consumer service, a solicitor or another advice agency.
However, if a trader is based overseas it may be difficult to know who to complain to and what your legal rights are. The law can be confusing as your rights as a consumer depend on where you bought the goods and how you paid.
You may have additional rights if you bought the goods using your credit card.
THE LAW
The UK has left the EU, which means that the consumer rights you have against traders in the EU have changed. When you buy goods and services from oversees traders, including those in the EU, your rights depends on the laws of the country where the trader is based.
Take note that as a result of Brexit, you may have to pay customs duties, VAT and handling fees for goods bought from the EU. See the GOV.UK website's information on tax and customs for goods sent from abroad to check what you will be required to pay before you decide to buy.
I AM IN DISPUTE WITH AN OVERSEAS TRADER: WHAT CAN I DO?
These are the practical steps you can take when you want to complain to a trader about goods:
- check the trader's website and follow their complaints procedure
- find out which law applies and check the contract terms and conditions on deliveries, returns and refunds before you complain
- if you order goods from a trader online make sure you have the order confirmation details, as these will have relevant information such as your customer / order reference number that you will need to progress your complaint
- send an email to the trader, or use their online contact form if they have one, outlining what the problem is and the action you would like the trader to take to solve the problem. As an alternative you can write to the trader, although you may not be able to confirm that the letter has been received in some countries; check with the postal carrier before sending. The 'Writing an effective complaint' guide gives more information (template letters included)
- give a reasonable time limit for a response. What is reasonable will depend on whether you complained by email or by letter
I PAID BY CREDIT / DEBIT CARD: WHAT CAN I DO?
If a credit card was used to buy the goods and the amount in dispute is over £100 but less than £30,000, then contact your credit card provider. Under the Consumer Credit Act 1974 you can hold the credit card provider equally liable with the trader for a breach of contract or misrepresentation. This could include supplying faulty goods, non-delivery of goods or making false claims about goods. This protection extends to traders overseas and items bought when abroad.
If the cost of the item exceeds £30,000 and is less than £60,260, and the finance was arranged specifically to buy that item, you may be able to claim against the finance company under section 75A of the Consumer Credit Act 1974. If you are unhappy with the credit card provider's response then you can complain to the Financial Ombudsman Service.
If you use a debit card to buy goods or if you use a credit card and the price of the goods is less than £100 (your rights under the Consumer Credit Act 1974 would not apply), you may be able to take advantage of the chargeback scheme. Chargeback is the term used by card providers for reclaiming a card payment from the trader's bank. If you can provide evidence of a breach of contract - for example, goods are not delivered or are faulty, or the trader has ceased trading - you can ask your card provider to attempt to recover the payment. Check with your card provider as to how the scheme rules apply to your card, whether internet and overseas transactions are covered and what the time limit is for making a claim.
In the event of a dispute, if you used a debit card or a credit card to service an online payment method (such as PayPal) it is unlikely that you will be able to use either the Consumer Credit Act 1974 or the chargeback scheme to claim from your card provider. However, PayPal has its own dispute resolution process, which may assist you in getting your problem resolved.
I AM STILL IN DISPUTE: WHERE CAN I GET HELP?
If you followed the steps outlined above and your dispute remains unresolved, contact the UK International Consumer Centre. They provide free advice and assistance to consumers who have bought goods or services from non-UK traders and need help to resolve complaints. The UK International Consumer Centre has links with Trading Standards in the UK and consumer organisations across the world.
There are organisations based in other countries that may be able to help. Please note that some of the organisations listed below may not be able to offer you direct assistance in obtaining a remedy; some may just take the information for intelligence purposes in order to assist consumers as a whole. If you are still unable to resolve your complaint then you may need to consider legal action.
UNITED STATES AND CANADA
If you know the trader's address then you may wish to complain to the trader's local Better Business Bureau (BBB). The BBBs aim to make the marketplace fair and effective. Some BBBs offer intervention but most of them publish 'reliability reports' of traders in their area. If you just want to notify the US Government without seeking advice (to report a scam for example) then you can use the Federal Trade Commission's report fraud site.
To complain about a trader in the United States go to the Better Business Bureauwebsite.
To complain about a trader in Canada go to the BBB website and search for the relevant province.
AUSTRALIA
It will be helpful to know which state the trader is based in so you can complain directly to the Office of Fair Trading in that state. Follow the website links below to the relevant state's Office of Fair Trading / Office of Consumer Affairs, which will include contact details:
Australian Capital Territory
New South Wales
Queensland
South Australia
Tasmania
Victoria
Western Australia
Northern Territories
NEW ZEALAND
The New Zealand Ministry of Consumer Affairs website gives information on your rights
OTHER COUNTRIES
Other countries may have a department that deals with consumer rights. Key words to look for are 'consumer protection' or 'trading'. These departments may be part of a larger department dealing with competition issues, food safety, health or welfare. You may be able to obtain information on the right department to complain to from the UK based embassy for the relevant country. Contact details for embassies can be found on the GOV.UK website.
IN THIS UPDATE
No major changes.
Last reviewed / updated: February 2023
Key legislation
Please note
This information is intended for guidance; only the courts can give an authoritative interpretation of the law.
The guide's 'Key legislation' links may only show the original version of the legislation, although some amending legislation is linked to separately where it is directly related to the content of a guide. Information on amendments to legislation can be found on each link's 'More Resources' tab.
For further information in England and Wales contact the Citizens Advice consumer service on 0808 2231133. In Scotland contact Advice Direct Scotland on 0808 164 6000. Both provide free, confidential and impartial advice on consumer issues.
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