Consumer Information Pack

Know The Law - Using an Expert

Advice Sheet – Expert Reports

In the event of a dispute arising between yourself and a trader as to the cause of a failure in goods or services supplied, it may be necessary to instruct an independent expert to prepare a report. This should only be done after you have written to the trader concerned giving full details of your claim and the trader has responded, disputing the cause of failure or it's consequences.

Remember: If it is within six months from the date of purchase, it is the Trader who must prove that there is no fault. It may not be necessary for you to obtain an expert's report.

If it is more than six months, and you intend to obtain report, you must give the trader full details of the expert you propose to use, the opportunity to agree or object to that expert (giving reasons) and an invitation to submit any written instructions he/she wishes to be given to the expert. In the event of your claim proceeding to County Court, you will need to show that you and the trader have agreed on an expert or that the trader has been given the opportunity to object to the expert used, otherwise you may not be allowed to use the report to support your case and your may not be able to recover the cost of the report.

There is a sample letter in this support pack which may be a useful guideline for drafting your letter to the trader. The wording may be altered to suit your own case or as advised by a consumer advisor.