Sued under the Consumer Rights Act, defence options for UK traders

You've just received a claim form in the post. A customer says they bought goods or services from you, something went wrong, and now they want a refund or compensation under the Consumer Rights Act 2015. Your heart sinks. But before you panic, you need to know: you have defences. Not every claim succeeds. This page walks you through what the consumer must prove, what you can argue back, and the practical steps to file a defence.

The short version

When a customer sues you under the Consumer Rights Act 2015, they must show:

1. You sold them goods, services, or digital content
2. It failed to meet a legal standard (quality, fitness for purpose, reasonable care)
3. They suffered loss or damage

You have seven main defences. The strongest ones are: the goods or services actually met the standard, the customer caused or contributed to the problem, the time limit has expired, or the terms they're relying on are unfair and unreasonable. You must file your defence within 28 days of receiving the claim, or you'll lose by default.

At a glance

What the consumer must prove

The burden of proof sits with the consumer. They have to show, on the balance of probabilities (more likely than not), that three things are true.

First: There was a contract. They bought from you. This is usually obvious if they paid you money and received goods or services. But if the relationship is unclear (was it a gift? a loan? a trial? a barter deal?) this can be disputed.

Second: The goods, services, or digital content fell short of the legal standard. This isn't about the customer's opinion that they didn't like it. The law sets specific standards:

• For goods: they must be of satisfactory quality (safe, durable, look as expected for the price), fit for the purpose the customer told you about, match the description, and be safe.
• For services: they must be performed with the reasonable care and skill you'd expect from someone doing that job, completed in a reasonable timeframe, for the price agreed.
• For digital content: it must match the description, be fit for purpose, and supplied with due skill and care.

Third: They suffered loss. They paid money, got nothing of value in return, or spent money fixing the problem. They have to show what it cost them.

Step 1: Acknowledge service (N9) within 14 days

The moment you receive a claim form, your clock starts ticking. You have 14 days to file an acknowledgement of service (form N9) at court. This tells the court you've received the claim and intend to defend it. If you don't file N9, the court may enter judgment against you by default, and you lose without a hearing.

What to do: Contact the court listed on the claim form immediately. File N9. You can file by post, online via the HMCTS portal (if it's a small claims or fast track case), or by email if the court accepts it. Keep a copy for your records.

Don't ignore the claim. If you're thinking "I'll just wait and see what happens," that's the worst thing you can do. The court will assume you've given up.

Defence: Goods met satisfactory quality standard

This is the strongest defence for goods. Satisfactory quality means the goods are safe, durable enough for the price paid, and perform as a reasonable person would expect.

What counts? If you sold a jacket for £50, a reasonable person expects it to last a season, have functioning zips, and not fall apart after one wear. If you sold a vintage chair for £200 marked "as seen," a reasonable person accepts it may have worn upholstery but the frame should be sound.

What doesn't count? The customer simply not liking the colour, changing their mind, or deciding they wanted something else. That's a change of mind, not a quality failure.

How to argue it: Gather evidence. Photos of the goods taken at the time of sale showing their condition. Your sales notes or email describing what you sold. Any communications from the customer at the time showing they accepted the goods. Witness statements from staff who handled the item. Expert reports if the dispute is technical (did the boiler break because you installed it wrongly, or because the customer ignored maintenance instructions?).

Document the timeline: when did the customer first complain? If they waited six months to say the shoes were uncomfortable, that's a weak claim because satisfactory quality is assessed at the time of delivery.

Defence: Goods were fit for purpose

The Consumer Rights Act says goods must be fit for any purpose the consumer told you about, as long as you agree to sell them for that purpose.

Example: A customer asks you to sell them a bicycle for mountain biking. You sell them a road bike. That's not fit for purpose even if the road bike is of satisfactory quality, because it doesn't do what they asked for.

Counter-example: A customer buys a general-purpose bicycle without telling you what they'll use it for. Three months later they say "I wanted it for mountain biking and it's too fragile." You've met the fitness for purpose standard because they didn't tell you the intended use upfront.

How to argue it: Show that the customer didn't tell you the intended use before sale. Or, if they did tell you, show you agreed to the use and the goods are fit for it. Keep emails, receipts, or notes from conversations. If you said "I'm not sure this drill will handle concrete," and they insisted anyway, that's evidence they accepted the risk.

Defence: Services performed with reasonable care and skill

Services have a different standard than goods. The law doesn't guarantee a particular result. It requires only that you performed the work with the care and skill a competent professional would use.

Example: A plumber unblocks your drain. The drain unblocks, but six weeks later it blocks again. Is that negligent? Not automatically. Drains can block again. But if the plumber didn't actually use a drain rod or camera, just gave it a quick look and charged you, that might be negligent.

The standard: What would a competent tradesperson in your field do? If you're a hairdresser, the standard is what a competent hairdresser would do. If you're a photographer, it's what a competent photographer would do. The court won't expect perfection, but will expect competence.

How to argue it: Keep records of the work done. Photos, timesheets, materials used. Get a colleague or expert to review your work and confirm it met the standard. Show that you used the proper tools, followed the brief, and took reasonable care. If the customer caused the problem (they insisted you skip a step, or they didn't follow aftercare instructions), document that too.

Defence: Digital content met standard

Digital content includes software, apps, e-books, online courses, and digital downloads. The standards are:

• It matches the description you gave
• It's fit for the purpose the customer told you about
• It was supplied with due skill and care
• It's safe

Example: You sell an e-book course on learning French. A customer buys it and complains the content is too basic. If your description said "beginner level" and it is beginner level, you've met the standard even if they wanted advanced content. But if you marketed it as "advanced" and it's actually beginner, you haven't.

How to argue it: Show your product description at the time of sale. Prove the content is as described. If they claim it's buggy software, show you tested it on common devices and it works. If they claim the information is wrong, show you sourced it carefully and it's accurate according to authoritative sources.

Defence: Consumer caused or contributed to defect

This is a partial defence. Even if something did go wrong, if the customer caused it or contributed to it, that reduces what you owe them, or cancels the claim entirely.

Examples:

• Customer spilled coffee on a laptop you sold them, then claimed it was faulty
• Customer ignored your clear instructions to hand-wash a delicate garment, washed it at 60 degrees, and it shrank
• Customer twisted an ankle on stairs because they were using their phone and not watching where they were going
• Customer bought a garden tool and used it for a purpose completely different from its design (using a spade as a pry bar, for instance)

How to argue it: Gather evidence of what the customer did. Photos, communications showing you gave clear instructions, witness statements from staff or others present. Show the timeline: when did the problem appear, and what had the customer done with the item?

Contributory negligence: If the court finds the customer 50% responsible, you're liable for only 50% of the claim. If they're 75% responsible, you pay 25%.

Defence: Time limits expired

The Consumer Rights Act has strict time limits. Know them and use them.

For goods:

• 30-day short-term reject period: If goods are faulty within 30 days, the consumer can reject them outright and demand a full refund without you needing to repair or replace. After 30 days, this right disappears.
• Six-year limitation period: A consumer can claim for goods up to six years after delivery. But this is complicated by the "reverse burden": in the first six months, the law assumes the fault existed at delivery. After six months, the consumer has to prove the fault existed when you sold it, not that it developed later.

For services and digital content:

• Six years from when the service was completed or the digital content was supplied.

Common scenario: A customer buys a kitchen tap in January 2020. It breaks in April 2026. Can they sue? Technically, they can try within the six-year window. But you can argue: "The tap broke 73 months after I sold it. That's over six years. The claim is time-barred." The court will then decide if the fault genuinely developed over time (fair claim) or was latent from the start (the consumer might win). But if the time limit has simply expired, you've got a strong defence.

How to use it: When you receive the claim, check the date of sale. If it's more than six years ago, file this as a defence immediately. If the goods are past the 30-day window but within six years, you might still defend on the grounds that you offered repair or replacement within 30 days and the customer didn't take it.

Defence: No contract with this consumer

If the consumer suing you didn't actually contract with you, you have an absolute defence.

Examples:

• Someone else bought the goods on the consumer's behalf, and the consumer is trying to claim as if they were the buyer
• The consumer is a business, not a consumer (B2B sales are outside the Consumer Rights Act; they fall under the Sale of Goods Act and Unfair Contract Terms Act, with different rules)
• The claim confuses you with a different trader

How to argue it: Check your sales records. Invoices, receipts, payment records, delivery notes. Who paid? Who received the goods? Who are your terms and conditions with? If the person suing is not the person on the invoice, you may have a defence.

B2B sales: If the buyer was a registered business or sole trader acting in their business capacity, not a consumer, the claim might be outside the Consumer Rights Act entirely. But be careful: a sole trader buying for personal use can still be a consumer. The key is whether they're buying as part of their business or for personal use.

Defence: Unfair terms challenge (Part 2 CRA 2015)

The Consumer Rights Act bans unfair contract terms. If the consumer is relying on a term in your contract that's unfair, that term is unenforceable against them.

What's unfair? Terms that create a significant imbalance between your rights and theirs, contrary to good faith. Examples:

• A term saying "all sales final, no refunds, no returns, no questions asked" even for faulty goods. That's unenforceable.
• A term trying to exclude your liability for goods not being of satisfactory quality. Unenforceable.
• A term saying the customer forfeits all claims if they don't complain within seven days. Possibly unfair if it's extremely short and they reasonably couldn't have discovered the fault.

What's fair: Terms are often fair if they're transparent (clearly written, not hidden in small print), don't surprise the consumer, and are standard in your industry. A term saying "Delivery is 3-5 working days" is fair. A term saying "We reserve the right to change the delivery date" is fair if it's clear.

How to use it: If the consumer is relying on a term in your contract to claim (e.g., "the description said X, which breaches your terms"), you can argue that your term is fair and reasonable, or that theirs is unfair and not binding on you. Get legal advice here: terms arguments can get complex.

Step 2: File defence (N9B) within 28 days

You have 28 days from receiving the claim to file your defence. This is the formal document that tells the court what you're arguing.

What to include:

1. Which claims you deny (the consumer must prove them, not the other way round)
2. Which facts you accept or dispute
3. Your positive defences (goods were satisfactory, time limit expired, etc.)
4. Any counterclaim if the consumer also owes you money
5. The evidence you'll rely on

Format: Use form N9B (Defence and Counterclaim) from the HMCTS website. You can file by post or online. Keep a copy and evidence.

Common mistake: Filing a bare denial without explaining what you're actually arguing. "I deny the claim" won't work. You must say why. "I deny the goods were faulty. They were of satisfactory quality for a £40 item, as shown in photo evidence dated [date]."

Step 3: Mediation, allocation, hearing

After you file your defence, the court serves a copy on the consumer. The case then enters a decision window where the court decides what happens next.

Mediation: The court may order both parties to try settling through mediation before a hearing. This is free, confidential, and can save costs and time. Many small claims disputes settle at mediation.

Allocation: If mediation doesn't work, the court allocates the case to a track:

• Small claims track (usually under £10,000): simple hearing, informal rules, low costs
• Fast track (£10,000-£100,000): stricter timetable, more evidence rules
• Multi-track (over £100,000): full disclosure, expert reports, potentially long trial

Hearing: At hearing, both sides present evidence and arguments. You can attend in person or send a representative. The judge decides on the balance of probabilities: did you breach the Consumer Rights Act or not?

Timeline (typical small claims case):

• Day 1: You receive claim
• Day 14: You file N9 (acknowledgement of service)
• Day 28: You file N9B (defence)
• Weeks 4-8: Mediation (if ordered)
• Weeks 8-12: Court allocates to track
• Weeks 12-20: Case progresses toward hearing
• Hearing: Judge decides

The whole process usually takes 3-5 months for a small claim.

Day to day timeline

Immediately (Day 1): Stop communicating with the customer except through your solicitor or the court. Don't email them saying "I'll fix this" or "You're wrong" because that becomes evidence.

Days 2-7: Gather evidence: sales records, photos, emails, delivery notes, witness statements, expert reports. Don't destroy or alter anything. Courts distrust destroyed evidence.

Day 14: File N9 at the court. Double-check the court's address and deadline.

Days 15-28: Prepare your defence. Work out which facts you dispute, which defences apply. Draft N9B with clear, numbered points.

Day 28: File N9B before the deadline. Late defences are usually rejected, and you'll lose by default.

Weeks 4+: Respond to any court orders. If mediation is ordered, prepare for settlement discussions. If the case proceeds, exchange evidence with the consumer's side and prepare for hearing.

Common misconceptions

"The customer complains after I've delivered, so I don't owe them anything." Wrong. The time limit for claiming about goods is six years. Even if they complain months later, they may still have a valid claim, depending on when the fault appeared.

"The customer accepted the goods by signing a delivery note." Partly right. Signing for delivery proves delivery, but doesn't mean they accepted faulty goods. They still have 30 days to reject faulty goods.

"I sold it as seen, so I'm not liable for any faults." Not quite. "As seen" doesn't override the satisfactory quality and fitness for purpose standards. You're still liable if the goods are genuinely faulty, even if sold as seen. An "as seen" label might reduce the standard expected, but doesn't eliminate it.

"If I refund them, the case goes away." No. Once a claim is filed at court, you can't unilaterally withdraw it by offering a refund. The consumer decides whether to accept. You can make a settlement offer through the court (a Calderbank offer), and if rejected and you later win, you can recover costs.

"I need a solicitor to defend this." Not always. In small claims, many traders defend themselves. But if the amount is large, the facts are complex, or you're unsure, get legal advice. It could save you thousands.

"The consumer has to prove it was faulty." Partially. Within six months of purchase, the law reverses the burden: goods are assumed to have had the fault at the time of sale unless you prove otherwise. After six months, the consumer must prove the fault existed when you sold it.

Related concepts

• Sale of Goods Act 1979 (applies to B2B sales, with similar but distinct standards)
• Supply of Goods and Services Act 1982 (covers service contracts before the Consumer Rights Act)
• Unfair Contract Terms Act 1977 (applies to business-to-business liability exclusions)
• Limitation Act 1980 (general rules on time limits for claims, including the six-year rule)
• Small Claims procedure (the court process for claims under £10,000)
• Mediation and settlement (alternatives to hearing)
• Damages and remedies (repair, replacement, refund, compensation for distress)
• Counterclaim (suing the customer back if they owe you money)
• Professional negligence (if the dispute involves a professional service like legal or accountancy advice)
• Product liability (if the goods injured someone or caused property damage beyond the goods themselves)

Sources

• UK Consumer Rights Act 2015: https://www.legislation.gov.uk/ukpga/2015/15/contents
• UK Government consumer protection guidance: https://www.gov.uk/consumer-protection-rights
• Citizens Advice on Consumer Rights Act claims: https://www.citizensadvice.org.uk

Disclaimer: This page provides general information about defending Consumer Rights Act 2015 claims. It is not legal advice and does not create a solicitor-client relationship. If you are sued, consult a qualified solicitor in your jurisdiction as soon as possible. Laws change, and this page was reviewed on 2026-05-28.

Written by Peter Kolomiets, founder of CaseCalm. UK content reviewed 2026-05-28.