We bought a refurbished laptop with a 12-month guarantee, which broke five months later.
The company refuses to send a replacement unless we pay £12.50 postage, but you previously advised us that it cannot do this.
We could just pay the £12.50 but on a point of principle it feels wrong to do this and we feel the company is holding us to ransom, as it knows that for such a small amount we are unlikely to take legal action.
We have written and cited the Consumer Rights Act, but it is not budging. What can we do now to stand up for our rights? SL, By email.
Dean Dunham KC: My earlier advice is correct, the law says this firm must send you the laptop without charging you return postage
Dean Dunham replies: I stand by my earlier advice on your faulty laptop: the seller cannot charge you £12.50 return postage, and their refusal to pay it is a breach of contract. Section 23 of the Consumer Rights Act 2015 is clear.
When you require a repair or replacement, the trader must do so ‘without significant inconvenience to the consumer’ and ‘bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)’.
By refusing to pay return costs, they’ve breached the Act, which means you’re entitled to abandon the replacement and demand a full refund instead.
Send them a Letter Before Action stating: ‘Your refusal to cover the £12.50 return postage breaches Section 23 of the Consumer Rights Act 2015.
‘You have seven days to either pay the return cost and send a replacement, or provide a full refund. If you fail to comply, I will pursue a full refund through the courts.’
What to do if they refuse
If they still refuse, you have two options. If you paid by card, contact your bank or card provider and make a chargeback claim.
State the company is in breach of contract under the Consumer Rights Act, they refuse to cover legally required return costs, and you’re claiming a full refund.
If you didn’t pay by card, file a Money Claim Online for the laptop’s full purchase price. The court fee is £25 for claims under £300. Attach all correspondence showing you’ve given them chances to comply.
To pursue your claim in the Small Claims Court, visit gov.uk/make-court-claim-for-money and complete the online Money Claim form, which costs between £25 and £455 and allows you to issue proceedings against the company to recover your losses.
Most companies cave when faced with court action because they know the law is against them.
The Act explicitly prohibits passing return costs to consumers, and judges have zero tolerance for this nonsense. Don’t back down. They’re banking on you giving up. Prove them wrong.