CRA 2015 — Burden of Proof After 6 Months

Independent Inspection for Faulty Goods UK — When and How to Get One

After 6 months from purchase, the burden of proof in a faulty goods dispute shifts from the retailer to you. You must show the fault was present at purchase — and the most effective way to do that is an independent inspection report from a qualified technician. Without it, a retailer can simply assert the fault was caused by misuse and leave you with no counter-evidence. With it, you shift the burden back.

When Do You Need an Independent Inspection for a Faulty Goods Dispute?

After the 6-month presumption expires

Once 6 months have passed since purchase, the statutory presumption under CRA 2015 s.19(14) no longer applies. You bear the burden of proving the fault was present at purchase. An independent inspection is the primary tool for meeting this burden.

When the retailer disputes the cause

Even within the first 6 months, if the retailer argues the fault was caused by misuse, accidental damage, or improper care, an independent report that contradicts this position is highly effective.

For ADR or county court escalation

ADR adjudicators and county court judges are not product experts. An expert inspection report carries significant weight in both settings — it gives the decision-maker a credible technical basis on which to find in your favour.

For PCP or finance disputes at the FOS

The Financial Ombudsman Service often commissions its own technical assessments for vehicle disputes. Having your own independent report positions you more strongly from the outset.

How Do You Commission an Independent Inspection?

1

Find a qualified, genuinely independent inspector

The inspector must be qualified in the relevant product category and have no commercial relationship with the retailer or manufacturer. For white goods: appliance repair engineers. For electronics: certified repair technicians. For vehicles: independent mechanics, RAC/AA engineers, or specialist vehicle inspection services.

2

Brief the inspector clearly on what the report must address

Tell them: the fault description, the purchase date, the date the fault first appeared, and what the retailer has said. The report must address: what the fault is, what caused it, whether it was likely present at purchase, and whether misuse is a contributing factor. Ask them explicitly to address these points in writing.

3

Obtain a written, signed report

Verbal opinions are useless in a formal dispute. The report must be written, signed, dated, and include the inspector's qualifications, company name, and contact details.

4

Use the report as your primary evidence

Include it in your formal complaint to the retailer, your ADR submission, and your county court claim statement. Include the inspection cost as a recoverable consequential loss in your claim.

What Must an Independent Inspection Report Contain?

✓
Inspector's qualifications and credentials: Name, company, professional qualifications relevant to the product type.
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Clear description of the fault found: Technical description of exactly what is wrong with the product.
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Assessment of the likely cause: Was it a manufacturing defect, a design fault, or caused by use/misuse? The inspector's professional opinion on cause is the most critical element.
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Opinion on whether the fault was likely present at purchase: Even if the fault appeared later, the inspector should assess whether it was likely to have been latent (present but not yet visible) at purchase.
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Whether normal use or misuse is a contributing factor: A clear statement on this point directly addresses the retailer's most common defence.
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Date of inspection and date of report: Establishes when the assessment was made relative to purchase date and dispute timeline.

Frequently Asked Questions

When do I need an independent inspection for a faulty goods claim?

After the 6-month statutory presumption expires — when the burden of proof shifts to you. Also useful within 6 months when the retailer disputes the cause, for ADR or court escalation, and for PCP disputes going to the FOS.

How much does an independent inspection cost?

£50–£150 for small electronics, £100–£250 for white goods, £200–£400 for vehicles. The cost is recoverable as a consequential loss — include it in your claim. Courts typically award it as costs if you win.

What must an independent inspection report contain?

Inspector's qualifications, clear description of the fault, assessment of likely cause, opinion on whether the fault was present at purchase, whether misuse is a factor, and date of inspection. Without these elements, the report will carry little weight in ADR or court.

Can the retailer reject my independent inspection report?

They can dispute it, but not simply reject it. They must provide a counter-report from their own expert. ADR adjudicators and courts weigh both reports — a properly qualified, genuinely independent report is very hard to dismiss without credible counter-evidence.

Can I get an independent inspection report for a vehicle?

Yes. Use a qualified independent mechanic, RAC/AA engineer, or specialist vehicle inspection service. For PCP FOS disputes, having your own inspection report positions you more strongly from the outset.

Related guides in this network:

Faulty Goods Fight-Back System

Independent Inspection Commissioning Guide

The Fight-Back System includes the inspector briefing script, the required report elements checklist, and how to use the report effectively in your chargeback, ADR, or county court claim.

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