Refunds Not Issued – Small Claims For Refunds That Were Refused

When Are You Entitled to a Refund?

You have a right to a refund under UK consumer law if: 

• The goods are faulty, damaged, or not as described
• The service you were charged for was not provided or was incomplete 
• You cancel a contract during a legally allowed cooling-off period (for example, for distance contracts you make at home online)
• The commercial party fails to supply goods or services at the agreed time

These rights are primarily governed by the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013.

If a business refuses your request for a refund for any of these reasons, you can progress your claim.

Can You Use the Small Claims Court?

Small claims courts are designed for simple disputes which involve relatively low amounts of money, and many refund disputes would fall into this category.

You can usually bring a small claim if: 

• The refund you are claiming is £10,000 or under (in England and Wales; different limits apply in Scotland and Northern Ireland)
• Your claim is a simple dispute over money owed
• You have tried to resolve the issue with the business directly, unsuccessfully

If your claim goes beyond these limits or has complex legal issues, it may require a different procedure.

Common Situations Where Refunds Are Refused

Common refund disputes suitable for small claims include: 

• A customer returns faulty goods, but the shopkeeper refuses to refund the customer
• A person books and pays for a service but doesn’t receive the service
• A business terminates a contract but refuses to refund a deposit
• Goods are delivered late, out of spec or do not match the description, and the business claims no responsibility

These sorts of problems arise regularly and are regularly dealt with by small claims courts.

What Evidence Do You Need?

Strong evidence is crucial for a successful claim. Gather and retain the following evidence:  

• Receipts, invoices or payment confirmations demonstrating your payment of the goods or services
• Copies of any written contracts or terms and conditions
• Correspondence with the business you have requested a refund from and the responses from them (emails, letters, texts)
• Photographs of faulty goods or evidence that the applicable services were not provided
• Records of informal attempts to resolve your dispute, such as a letter of complaint
• Witness statements or reports from any reliable third party to support your claim

Organise your evidence clearly and logically. The better evidence you have, the better your claim will look and the easier it will be for everyone.

Step-by-Step: How to Claim a Refund Through Small Claims Court

Step 1. Contact the Business Directly

Communicate directly with the business to explain your concern and the refund you require. Sometimes, a simple email or phone call can solve the issue fairly quickly.

Step 2. Send a Formal Complaint

If that hasn’t worked, move to step two and write a complaint email or letter outlining your complaint, your rights and the refund you require.

Step 3. Give Them Time to Respond

It is essential that you give the business at least 14 days to respond and keep all responses. 

Step 4. Send a Letter Before Action

If you have still had no response, your next step is to write a Letter Before Action. This is a formal letter notifying the business that you will initiate legal action if they do not resolve on or before the date listed in the letter. 

Your Letter Before Action should contain: 

• Details of the refund owed 
• Some evidence to support your claim 
• A date for the business to respond to you (usually 14 days). 

Step 5. File Your Small Claim

If your situation still cannot be resolved, you can make a small claim with the small claims court either online or by post and ensure that all evidence and documents are included.

How CaseCraft Can Help You Get Your Refund

CaseCraft makes the small claims process straightforward and accessible:

• Identify if your situation is eligible for you to claim a refund
• Gather and present your evidence clearly and efficiently
• Create and issue a non-compliant Letter Before Action
• Issue your claim online safely and receive guidance at every stage
• Manage deadlines and avoid common errors that can hinder or result in your claim being delayed or dismissed

You do not need to be a legal expert or spend on expensive solicitors – CaseCraft ensures that you can have a simple journey towards getting your money back!

What Outcome Can You Expect?

If you win, you could receive: 

• A full refund of money owed
• Compensation for your additional costs
• A court order requiring the business to pay your claim

Most disputes about refunds are resolved following the Letter Before Action, meaning you can avoid wasting time and effort with the company. If you do attend a hearing, small claims courts are user-friendly and set up for the public to represent themselves.

Final Thoughts: Don’t Let Refused Refunds Go Unchallenged

Being denied a refund when you’re entitled to one is unfair, and it’s your right to seek justice. You have the right to seek resolution. If you have documentation, confidence, and the right resources, it can be done without excess cost or complexity. 

At CaseCraft, we are here to help you give the knowledge and resources to take action.

Start Your Refund Claim Today

If you are in a refund dispute, there is no time to waste. Use CaseCraft to take control, build your case, and seek the refund you are owed – all quickly, sensibly and with confidence!