Buying a car that turns out to be faulty is stressful and expensive. Whether you bought from a dealer or a private seller, you may have the right to claim compensation through the small claims court in England and Wales.
Buying From a Dealer vs a Private Seller
Your rights depend on who you bought from. If you bought from a dealer (a business), you are protected by the Consumer Rights Act 2015 — the car must be of satisfactory quality, fit for purpose, and as described. If you bought from a private seller, your rights are more limited — the car must match its description, but private sellers are not bound by the same quality obligations as traders.
Your Rights When Buying From a Dealer
Under the Consumer Rights Act 2015, if a fault appears within 30 days of purchase you have the right to a full refund. Between 30 days and 6 months, you can request a repair or replacement first — if that fails, you are entitled to a partial or full refund. After 6 months, the burden shifts to you to prove the fault existed at the time of purchase.
Step 1: Reject the Car or Request a Repair
Act quickly. If you discover a fault within 30 days, notify the dealer in writing immediately and exercise your right to reject. If it is after 30 days, write to the dealer requesting a repair or replacement and keep a copy of everything.
Step 2: Get an Independent Vehicle Inspection
An independent inspection report from a qualified mechanic or the AA/RAC is important evidence. It should confirm the nature of the fault and — where possible — whether it is likely to have been present at the time of purchase.
Step 3: Send a Letter Before Action
If the dealer refuses to help, send a formal Letter Before Action setting out the fault, your consumer rights, the remedy you are seeking, and giving them 14 days to respond before you issue court proceedings.
Step 4: File Your Claim
File online via OCMC (for claims up to £10,000) or MCOL. Your Particulars of Claim should describe the vehicle, the purchase date and price, the fault discovered, the dealer’s response, and what you are claiming — whether a refund, repair costs, or diminution in value.
Frequently Asked Questions
Can I claim against a private seller?
You have more limited rights against a private seller. However, if the car was misdescribed (e.g., the seller said it had no accidents but it did, or the mileage was misrepresented), you can claim for misrepresentation under the Misrepresentation Act 1967.
What if the car is worth more than £10,000?
If the car’s value or your claim amount exceeds £10,000, the claim will go to the fast track rather than the small claims track. You can still use MCOL to issue the claim, but the rules are different and legal costs may be recoverable on both sides.
Can I claim for hire car costs while the car is being repaired?
Yes, if the car is off the road while being repaired and you need alternative transport, you can claim reasonable hire car costs as consequential losses — provided they are not excessive.