Understanding Your Rights When You Buy a Faulty Car
When you buy a car in the UK and discover it’s faulty, the law offers you clear rights and protections. Understanding these rights is essential to help you resolve the problem quickly and effectively.
What Counts as a ‘Faulty’ Car?
A car is considered faulty if it does not meet the standards set out by law at the time of sale. This includes both new and used vehicles bought from a dealer. Under UK law, a car must be:
Of satisfactory quality: It should be safe, reliable, and free from defects that a reasonable person would not expect, given its age and price.
Fit for purpose: The car should do what it’s supposed to, including any specific purpose you told the seller about before buying.
As described: The car must match any description given by the seller, whether in adverts, online listings, or during the sale.
Common faults might include engine problems, electrical failures, faulty brakes, or undisclosed accident damage. Even minor issues can count if they affect the car’s overall quality or safety.
Your Legal Protections: The Consumer Rights Act 2015
The main law protecting car buyers in these situations is the Consumer Rights Act 2015. This law covers most purchases from dealers and sets out your rights if the car is faulty. It applies whether you bought the car in person or online, but not to private sales or auctions.
Under the Act, if your car develops a fault within the first 30 days, you have the right to reject it and get a full refund. After 30 days (but within six months), you can usually request a repair or replacement. If the fault can’t be fixed or keeps coming back, you may be entitled to a partial refund.
Why Acting Quickly Matters
It’s important to act as soon as you notice a problem. The sooner you report the fault to the seller, the stronger your legal position. If you wait too long, you may lose the right to a full refund and have to accept a repair or replacement instead. Always keep records of your communications with the seller and any evidence of the fault.
What Can You Ask For?
If your car is faulty, you generally have three main options:
Repair: Ask the seller to fix the fault at no cost to you.
Replacement: Request a different car of similar value and condition.
Refund: Get your money back – this is usually only available if you act within the first 30 days.
If the seller refuses to help or the problem isn’t resolved, you may need to escalate your complaint. For a broader look at your options and related legal issues, see our guide on car purchase issues.
Understanding your rights under the law can make all the difference when dealing with a faulty car. For more detail on the legal protections available to you, visit our page on the Consumer Rights Act 2015.
What Makes a Car ‘Faulty’?
What Makes a Car ‘Faulty’?
A car is considered ‘faulty’ under UK law if it has problems that affect its quality, safety, or usability, and these issues were present at the time of sale. The main legal protection comes from the Consumer Rights Act 2015, which says any car bought from a dealer must be of satisfactory quality, fit for purpose, and as described.
What Counts as a Fault?
A fault can be any defect or problem that means the car does not meet the standard a reasonable person would expect, given its age, mileage, and price. This includes:
Mechanical issues: Problems with the engine, gearbox, brakes, steering, or suspension that stop the car from working properly.
Safety problems: Faults that make the car unsafe to drive, such as faulty airbags, brakes, seatbelts, or lights.
Hidden defects: Issues that were present when you bought the car but were not obvious or disclosed, like previous accident damage or tampered mileage.
Faults vs. Normal Wear and Tear
Not every problem with a used car counts as a legal fault. Normal wear and tear – such as worn tyres, brake pads, or minor scratches – is expected, especially in older or higher-mileage vehicles. The law does not cover issues that arise simply because of the car’s age or regular use, unless the seller claimed these parts were new or recently replaced.
Examples of Common Faults
Here are some typical examples of faults that may give you legal rights:
The engine fails or misfires soon after purchase, despite regular maintenance.
The gearbox slips or makes unusual noises, affecting driveability.
The car develops electrical faults, such as non-working indicators or dashboard warnings.
The car leaks oil or coolant, which should not happen with a well-maintained vehicle.
The car is sold with a fresh MOT but is later found to have serious safety defects.
The vehicle history was misrepresented, such as hiding that the car was previously written off.
If any of these faults were present at the time of sale, you may have the right to ask for a repair, replacement, or refund. However, if the problem is due to something you did after buying the car, or it’s just general wear and tear, your rights may be limited.
Understanding what counts as a fault is the first step in knowing whether you can take action. If you’re unsure, it’s a good idea to get the car checked by a qualified mechanic and keep a record of any issues you notice.
How the Consumer Rights Act 2015 Protects You
The Consumer Rights Act 2015 is the main law protecting you when you buy a car from a dealer in the UK. This Act states that all goods – including cars – must be of satisfactory quality, fit for purpose, and as described. In practice, this means the car should meet the standard a reasonable person would expect, taking into account its age, price, and mileage. It should also be roadworthy, safe, and match any description given by the seller.
If you find your car is faulty soon after buying it, the Act gives you clear rights. You have an initial 30-day period from the date you take ownership to reject the car and get a full refund if it is not as described, not fit for purpose, or not of satisfactory quality. This is often called the “short-term right to reject.” It’s important to act quickly – if you notice a problem within this window, contact the seller in writing as soon as possible to state that you wish to reject the car.
If you discover the fault after the first 30 days but within the first six months, you no longer have the automatic right to a full refund. However, you can still ask the seller to repair the car or provide a replacement. The seller must carry out the repair or replacement at no extra cost to you, within a reasonable time, and without causing significant inconvenience.
If the seller cannot fix the problem, or if the same issue recurs, you then have the right to ask for a price reduction or to return the car for a partial refund. The amount of any refund may take into account how much you have used the car since purchase.
These protections apply whether you bought a new or used car from a dealer. Private sales and auctions may have different rules, so it’s important to understand your rights under the Consumer Rights Act 2015 before taking action.
For a deeper look at what counts as satisfactory quality, what “fit for purpose” means, and how cars should be described by sellers, you can read more about satisfactory quality, fit for purpose, and as described.
Knowing your rights under the Consumer Rights Act 2015 can help you resolve issues with a faulty car quickly and confidently. If the seller refuses to help, you may need to escalate your complaint or seek further advice.
What To Do If You Discover Your Car Is Faulty
What To Do If You Discover Your Car Is Faulty
Finding a fault in your car soon after purchase can be both frustrating and worrying. However, UK law gives you important rights if your vehicle turns out to be defective. Here’s what you should do as soon as you notice a problem.
1. Act Quickly
Time is crucial when dealing with a faulty car. Under the Consumer Rights Act 2015, if you bought your car from a dealer, you have the right to reject it within the first 30 days if it is not as described, not fit for purpose, or not of satisfactory quality. After 30 days, you may still be entitled to a repair or replacement, but your options can become more limited as time passes.
2. Gather Evidence
Before contacting the seller, collect as much evidence as possible. This will help support your case if there’s a dispute. Useful evidence includes:
Purchase documents: Keep your receipt or invoice.
Warranty or guarantee paperwork: If provided at the time of sale.
Inspection reports: Especially if you had the car checked by an independent mechanic.
Photos or videos: Clearly document the fault or damage.
Service history: If you have it, as it may show previous issues or repairs.
3. Report the Issue to the Seller
Contact the seller or dealer as soon as you notice the fault. Explain the problem clearly and provide copies of your evidence. It’s best to do this in writing (such as by email), so you have a record of your communication.
If you bought the car from a private seller, your rights are more limited, but you are still protected if the car was misrepresented. For more guidance on these situations, see our advice on issues with buying or repairing a car.
4. Keep Records of All Communications
Maintain a detailed record of every conversation, email, or letter exchanged with the seller or dealer. Note dates, times, and the names of people you speak to. This documentation can be vital if the dispute escalates or you need to take further action.
5. Know the Time Limits
Within 30 days: You can usually reject the car and claim a full refund if it’s faulty.
Within six months: The dealer must prove the car was not faulty when sold if they refuse your claim. You’re entitled to a repair or replacement in most cases.
After six months: You can still make a claim, but you’ll need to prove the fault was present at the time of purchase.
Acting promptly and following these steps will help protect your rights and strengthen your case if you need to escalate the matter. For more detailed information and advice on next steps, explore our section on issues with buying or repairing a car.
Contacting the Seller or Dealer
When you discover your car is faulty, your first step should be to contact the seller or dealer as soon as possible. Clear and prompt communication can often resolve issues quickly and may strengthen your position if you need to take further action.
How to Communicate Your Concerns
Always put your concerns in writing. This could be in the form of an email or a letter sent by recorded delivery. Clearly describe the fault, when you first noticed it, and how it affects the car’s use. Include details such as the date of purchase, the price paid, and any previous contact you have had about the issue. Keeping a record of all correspondence is important in case you need to escalate the matter later.
What to Ask For: Repair, Replacement, or Refund
Under the Consumer Rights Act 2015, if your car is not as described, not of satisfactory quality, or not fit for purpose, you have the right to request a remedy. If the fault is discovered within the first 30 days, you can usually reject the car and ask for a full refund. After 30 days but within the first six months, you’re typically entitled to a repair or replacement. If the seller cannot fix the problem after one attempt, you may still be able to ask for a refund or a price reduction.
Be clear about what you want when you contact the seller. State whether you are requesting a repair, replacement, or refund, and explain your reasons.
If the Seller Agrees to Fix the Problem
If the seller or dealer agrees to repair the car, confirm the details in writing. Make sure you know how long the repair will take, whether you’ll be provided with a courtesy car, and if there are any costs you might have to cover. Keep all receipts and records related to the repair process. If the repair is not successful, you may still have the right to a refund or replacement.
Handling Disagreements or Refusals
If the seller disputes your claim or refuses to help, don’t be discouraged. Remind them of your rights under the Consumer Rights Act 2015 and refer to any evidence you have gathered. You may want to escalate the matter by making a formal complaint in writing. If you’re still unable to reach an agreement, you can explore further steps such as using an alternative dispute resolution scheme or considering legal action.
For more guidance on what to do if your dispute continues, see our advice on car purchase issues. This can help you understand your next steps and what support is available if the seller or dealer refuses to resolve the problem.
Gathering Evidence to Support Your Claim
Gathering Evidence to Support Your Claim
If you discover your car is faulty after purchase, gathering strong evidence is essential to support your claim under the Consumer Rights Act 2015. Good evidence makes it easier to show the seller that the fault exists and helps if you need to escalate your complaint or take legal action. Here’s how you can build a solid case:
1. Keep All Purchase Documents and Receipts
Always keep a copy of the sales contract, invoice, receipt, and any finance agreements. These documents prove when and where you bought the car, the price you paid, and the terms of the sale. They are critical if you need to show that you purchased the car from a dealer (rather than a private seller), as your rights may differ.
2. Take Photos or Videos of the Fault
Visual evidence can be very powerful. As soon as you notice a problem, take clear photos or videos showing the fault. For example, if the car won’t start, record a video of the failed ignition. If there’s visible damage, photograph it from different angles. Make sure the images are dated, and include shots that show the car’s registration number to link the issue to your vehicle.
3. Get an Independent Mechanic’s Report
A report from a qualified, independent mechanic can provide expert confirmation of the fault. This is especially useful if the seller disputes your claim or says the problem is due to wear and tear rather than a defect. The mechanic should describe the fault, explain what’s causing it, and state whether it’s likely to have been present when you bought the car. A written report carries more weight than just a verbal opinion.
4. Keep Records of All Correspondence with the Seller
Keep copies of every email, letter, or message you send to and receive from the seller. If you speak to them by phone or in person, make a note of the date, time, and what was discussed. Written records help show that you gave the seller a fair chance to fix the problem and can be vital evidence if you need to escalate your complaint.
Practical Tips:
Start collecting evidence as soon as you notice a problem.
Store all documents and photos in a safe, organised place.
If you use your phone for photos or messages, back them up elsewhere.
Common Questions:
What if I’ve lost my receipt?
If you paid by card, bank statements can help prove your purchase. The seller may also have a record of the sale.
Do I need a mechanic’s report for every claim?
Not always, but it strengthens your case – especially if the fault is complex or disputed.
By gathering clear, well-organised evidence, you put yourself in the best position to resolve the issue quickly and assert your rights under UK consumer law.
Your Options: Repair, Replacement, or Refund
When you buy a car that turns out to be faulty, UK law gives you clear rights and options to resolve the issue. These rights are mainly protected under the Consumer Rights Act 2015, which applies whether you bought your car from a dealership or an online trader (private sales have fewer protections). Here’s what you need to know about your main options: repair, replacement, or refund.
Repair
If your car develops a fault, you have the right to ask the seller to repair it. This is often the first step, especially if you want to keep the car. The repair should be carried out at no cost to you, within a reasonable time, and without causing significant inconvenience. If the seller agrees, they should fix the problem fully. If the repair is unsuccessful, or the same fault reappears, you may then be entitled to move on to other remedies, such as a replacement or a refund.
Replacement
You can also request a replacement vehicle if your car is faulty. This means the seller provides you with a similar car of the same make and model. Like repairs, replacements should be provided free of charge and within a reasonable timeframe. However, in practice, getting a replacement car can sometimes be more difficult, especially if the model you purchased is no longer available or in stock.
Refund
In some situations, you have the right to reject the car and claim a refund. If the fault appears within the first 30 days after purchase, you can exercise your ‘short-term right to reject’. This means you can return the car and receive a full refund. After 30 days but within the first six months, you’re generally entitled to a repair or replacement first. If the seller cannot fix the issue after one attempt, or a replacement is not possible, you can then ask for a refund. If you keep the car for more than six months, the burden of proof shifts to you to show the fault was present at the time of purchase, and your options may be more limited.
If you’re considering this route, it’s worth reading more about rejecting a car in the UK to understand the legal process and what evidence you might need.
Timeframes and Conditions
Within 30 days: You can reject the car for a full refund if it’s faulty.
31 days to 6 months: The seller gets one chance to repair or replace the car. If they fail, you can claim a refund or price reduction.
After 6 months: You can still claim, but you’ll need to prove the fault existed when you bought the car.
Remember, these rights apply to cars bought from traders, not private sellers. Always keep records of your communications and any work done on the car, as this will help if you need to escalate your claim.
Understanding your options empowers you to take the right steps if you’ve bought a faulty car. If you need detailed guidance on the process of returning a car, see our dedicated section on rejecting a car in the UK.
Asking for a Repair
Asking for a Repair
If you discover your car is faulty after purchase, you have the right to ask the seller or dealer to repair it. Under the Consumer Rights Act 2015, the car you buy must be of satisfactory quality, fit for purpose, and as described. If it isn’t, you can expect the seller to put things right.
How to request a repair:
Contact the seller as soon as you notice the problem. It’s best to do this in writing (such as by email or letter), clearly describing the fault and asking for a repair. Keep a copy of all correspondence, as this can be useful if there are any disputes later on. If you bought the car from a dealer, they are responsible for addressing faults, not the manufacturer.
The seller’s responsibilities:
The law requires the seller to repair the car at no cost to you if the fault is covered by your consumer rights. This applies whether you bought the car new or used, as long as you purchased it from a business (not a private seller). The seller must carry out the repair within a reasonable time and without causing significant inconvenience.
How long should repairs take?
There isn’t a set timeframe in law, but repairs must be completed within a “reasonable time.” What’s reasonable depends on the nature of the fault and the availability of parts. For example, a minor issue might be fixed within a week, while more complex repairs could take longer. If the repair is taking too long or you are left without a usable car for an extended period, you can raise this with the seller and ask for a deadline.
If the repair is unsuccessful or causes further problems:
If the first repair attempt fails or the same fault reappears, you do not have to accept repeated repairs. In this case, you can usually ask for a replacement car or a partial or full refund, depending on the circumstances. If the repair causes new issues, the seller is still responsible for putting things right. Always keep records of any new faults and your communications.
Remember, your rights are strongest within the first 30 days after purchase, during which you may be entitled to a full refund if the car is not of satisfactory quality. After this period, you still have the right to a repair or replacement, and potentially a price reduction or refund if the problem is not resolved.
Requesting a Replacement
Requesting a Replacement
If you’ve bought a car that turns out to be faulty, you may be entitled to ask the seller for a replacement vehicle. Your rights are protected under the Consumer Rights Act 2015, which applies whether you bought the car from a dealership or online, as long as you purchased from a business rather than a private individual.
When Can You Ask for a Replacement Car?
You can request a replacement if the car is not of satisfactory quality, not fit for purpose, or does not match its description. These faults must have been present at the time of purchase, even if they only become apparent later. Typically, you should raise the issue as soon as you discover the problem.
Within the first 30 days after purchase, you have the “short-term right to reject” the car and can ask for a full refund instead. However, if you prefer, you can request a replacement car rather than a refund or repair. After the first 30 days but within the first six months, you still have the right to a repair or replacement if a fault emerges.
What If the Replacement Car Is Also Faulty?
If the seller provides a replacement car and it turns out to be faulty as well, you are not stuck with it. The law allows you to reject the second car and request a refund. Alternatively, you can ask for another replacement or a repair if you wish. The Consumer Rights Act 2015 ensures that you do not have to accept repeated failed attempts to fix the issue. If the seller cannot provide a satisfactory replacement within a reasonable time and without significant inconvenience, you can move to other remedies, such as a price reduction or a full refund.
Your Rights If the Seller Refuses to Replace the Car
If the seller refuses to offer a replacement when you are legally entitled to one, you should put your request in writing and keep a copy for your records. Remind the seller of their obligations under the Consumer Rights Act 2015. If they still refuse, you may consider escalating the matter by making a formal complaint to their trade association, using an alternative dispute resolution (ADR) scheme, or pursuing the issue through the small claims court.
It’s important to gather evidence of the fault, your communications with the seller, and any expert opinions you have obtained. This will support your case if you need to take further action. Remember, the law is on your side if the car is faulty and the seller fails to meet their responsibilities.
Claiming a Refund
Claiming a Refund
If you’ve bought a car that turns out to be faulty, you may be entitled to a refund under UK law. The main law protecting you is the Consumer Rights Act 2015, which covers purchases from car dealers, whether the car is new or used. Your rights differ depending on how soon the problem appears and how you bought the car.
When You Can Get a Full or Partial Refund
Within 30 days of purchase:
If you discover a fault within the first 30 days, you usually have the right to reject the car and claim a full refund. This is known as the “short-term right to reject.” The fault must mean the car is not of satisfactory quality, not fit for purpose, or not as described.
After 30 days but within 6 months:
If a fault appears after 30 days but within six months, you can ask for a repair or replacement first. If the seller can’t fix the problem, or if the repair or replacement isn’t satisfactory, you can then claim a refund. In most cases during this period, the law assumes the fault was there when you bought the car, unless the seller can prove otherwise.
After 6 months:
After six months, you may still be able to claim a refund, but you’ll need to prove the fault was present at the time of purchase. This can be more difficult and might require an independent inspection.
How to Request a Refund
To request a refund, contact the seller as soon as you discover the fault. It’s best to do this in writing – by email or letter – so you have a record of your request. Clearly explain the problem, include details of the car and purchase, and state that you are exercising your right to a refund under the Consumer Rights Act 2015.
If you bought the car from a dealer, they are legally obliged to respond. If you bought privately, your rights are more limited, but you may still be able to claim if the car was misrepresented.
Example:
If you buy a used car from a dealer and the engine warning light comes on within two weeks, you can reject the car and claim a full refund.
What If the Seller Refuses to Refund You?
If the seller refuses your refund request, ask them to provide a written explanation. You can then escalate your complaint. Options include:
Writing a formal complaint to the seller.
Using any alternative dispute resolution (ADR) scheme the seller is part of.
Contacting your local Trading Standards office.
Considering court action, such as making a claim in the small claims court.
Keep copies of all correspondence and evidence of the fault, such as inspection reports or repair quotes.
Possible Deductions for Use or Damage
If you claim a refund after the first 30 days, the seller may reduce the amount you get to reflect the use you’ve had from the car. This is called a “deduction for use.” For example, if you’ve driven the car for several months before asking for a refund, the seller can make a reasonable deduction.
If the car has been damaged since you bought it (and the damage isn’t related to the original fault), the seller may also deduct the cost of putting this right.
Practical Tip:
Check your paperwork and keep records of when the fault appeared and any communications with the seller. This will help support your claim if there’s a dispute.
Claiming a refund for a faulty car can seem daunting, but knowing your rights and acting quickly can make the process smoother. If you’re unsure about your situation, consider seeking legal advice to help you navigate your options.
If the Seller Won’t Fix the Problem
If the seller refuses to repair, replace, or refund your faulty car, you still have important rights under UK consumer law. Here’s what you can do next:
1. Put Your Complaint in Writing
If you haven’t already, contact the seller in writing. Clearly explain the problem, what you want (repair, replacement, or refund), and refer to your rights under the Consumer Rights Act 2015. Keep copies of all correspondence and evidence, such as receipts, reports from mechanics, and photographs of the fault.
2. Try to Resolve the Dispute Directly
Sometimes, sellers may respond more positively when you present your case formally and mention your legal rights. Remind them that, within the first 30 days of purchase, you’re usually entitled to a full refund for a faulty car. After 30 days but within six months, the seller must offer a repair or replacement, unless they can prove the fault wasn’t present at the time of sale.
3. Consider Alternative Dispute Resolution (ADR)
If the seller still won’t help, you can suggest using Alternative Dispute Resolution (ADR). ADR is a process where an independent third party helps you and the seller reach an agreement, without going to court. Many car dealers are members of trade associations or ADR schemes, so check if this applies to your seller.
4. Escalate the Issue
If ADR isn’t available or doesn’t resolve the issue, you can escalate your complaint to consumer protection bodies. Organisations like Citizens Advice can offer guidance and may help mediate with the seller. Trading Standards can investigate if the seller is breaking the law or acting unfairly.
5. Taking Legal Action
If all else fails, you may need to consider legal action. This could involve making a claim in the small claims court (for claims under £10,000 in England and Wales) to seek compensation or enforce your rights. Legal action can be time-consuming and may involve costs, so it’s important to weigh up your options carefully.
For a detailed guide on your options – including how to prepare your case, what evidence you’ll need, and what to expect from the process – see our page on legal action and dispute resolution for cars.
Taking these steps can help you enforce your rights and get a fair outcome if you’ve bought a faulty car and the seller won’t cooperate. Always keep detailed records and act promptly, as your rights may be affected by how much time has passed since the purchase.
Using Alternative Dispute Resolution (ADR)
Using Alternative Dispute Resolution (ADR)
If you have bought a faulty car and cannot reach an agreement with the seller, you might consider using Alternative Dispute Resolution (ADR). ADR is a way to resolve disputes without going to court. It involves an independent third party who helps both sides find a fair solution.
What is ADR and How Does it Work?
ADR includes several methods, such as mediation and arbitration. In mediation, an impartial mediator helps you and the seller talk through the problem and try to reach a voluntary agreement. In arbitration, an independent expert reviews the case and makes a decision, which can be binding on both parties.
For car disputes, ADR is often quicker and less formal than court proceedings. The process usually involves submitting evidence, such as your purchase documents, repair reports, and any communication with the seller. The ADR provider will then help both sides discuss the issues and work towards a resolution.
Under the Consumer Rights Act 2015, if you buy a car from a dealer and it turns out to be faulty, you have the right to ask for a repair, replacement, or refund. If the dealer refuses and you cannot resolve the matter directly, ADR gives you another way to seek a fair outcome.
How to Find an ADR Scheme for Car Disputes
Many car dealers are members of trade associations that offer ADR schemes. For example, organisations like The Motor Ombudsman and the National Conciliation Service provide ADR for motoring disputes. You can check your dealer’s paperwork or website to see if they belong to such a scheme.
If the dealer is not a member of any trade association, they are still required by law to inform you of a suitable ADR provider if they cannot resolve your complaint themselves. This is set out in the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. However, the dealer does not have to agree to use ADR unless they are a member of a scheme that requires it.
Benefits of ADR Compared to Court Action
ADR has several advantages over taking your case to court:
Faster Resolution: ADR processes are generally much quicker than court cases, which can take months or even years.
Lower Costs: Using ADR is often cheaper than paying court fees and legal costs.
Less Stressful: ADR is less formal and can be less intimidating than attending a court hearing.
Expert Knowledge: Many ADR providers for car disputes have specialist knowledge of motor industry standards and common faults.
Preserves Relationships: ADR focuses on reaching an agreement, which can help maintain a better relationship with the seller.
While ADR is not always binding (unless you agree to arbitration), it can be an effective way to resolve disputes and avoid the time and expense of court action. If ADR does not lead to a satisfactory outcome, you still have the right to pursue your claim through the courts.
Taking Legal Action
Taking Legal Action
If you have tried to resolve a dispute with the seller of a faulty car but have not reached a satisfactory outcome, you may consider taking legal action. This is usually a last resort, after attempts at negotiation, complaints, and alternative dispute resolution have failed.
When to Start Court Proceedings
You can start court proceedings if the seller refuses to repair, replace, or refund your faulty car, despite your rights under the Consumer Rights Act 2015. Before going to court, it’s important to:
Give the seller a final chance to resolve the issue: Send a formal letter (often called a “letter before action”) outlining your complaint and what you want done. This letter should give the seller a reasonable deadline to respond, usually 14 days.
Gather evidence: Make sure you have all the necessary documents and proof to support your claim.
Consider the value of your claim: For most faulty car cases, the claim will be made in the small claims court (for claims up to £10,000 in England and Wales, up to £5,000 in Scotland, and up to £3,000 in Northern Ireland).
How to Start Court Proceedings
To begin legal action, you will need to submit a claim to the appropriate court. In England and Wales, this is usually done online through the government’s Money Claim Online service, or by completing a paper claim form (Form N1). You will need to:
Complete the claim form: Provide details about the car, the seller, the fault, what you have done to try to resolve the issue, and what remedy you are seeking (repair, replacement, refund, or compensation).
Pay the court fee: The fee depends on the amount you are claiming. You can check the latest fees on the government’s website.
Serve the claim: The court will send your claim to the seller, who then has an opportunity to respond.
What Evidence Will You Need?
Strong evidence is crucial to support your case. You should gather:
Proof of purchase: Such as a receipt, invoice, or finance agreement.
Correspondence: Copies of all emails, letters, and messages between you and the seller about the fault and your attempts to resolve it.
Details of the fault: Photographs, videos, or written descriptions of the problem.
Independent reports: A mechanic’s inspection report or expert opinion can be very helpful.
Repair invoices or quotes: If you have paid for repairs or obtained estimates, keep these as evidence of the fault and associated costs.
Timeline of events: A clear record of what happened and when, including dates of purchase, when the fault appeared, and your communications.
Possible Outcomes
If the court finds in your favour, it may order the seller to:
Refund your money: Either a full or partial refund, depending on the circumstances and how long you have had the car.
Repair or replace the car: The court can require the seller to fix the fault or provide a replacement vehicle.
Pay compensation: For additional losses you have suffered (for example, the cost of alternative transport).
If the court does not find in your favour, you may not receive any compensation, and you could be ordered to pay some of the seller’s costs.
Costs Involved
Taking legal action involves costs, including:
Court fees: These vary depending on the amount you are claiming.
Expert reports: You may need to pay for an independent mechanic’s report.
Legal advice: While you can represent yourself in small claims court, you may wish to seek legal advice, which can add to the cost.
In the small claims court, you are unlikely to be ordered to pay the seller’s legal costs if you lose, but you will not recover your own legal costs either. For larger claims, the risk of paying the other side’s costs increases.
Before starting legal action, weigh up the potential benefits, costs, and time involved. In many cases, a negotiated settlement or alternative dispute resolution may be quicker and less expensive. However, if you have a strong case and the seller refuses to cooperate, court action can help you enforce your rights under UK law.
Special Considerations When Buying a Used or Damaged Car
When buying a used or damaged car, there are extra risks and responsibilities compared to purchasing a new vehicle. Understanding these can help you avoid costly mistakes and ensure you know your rights if something goes wrong.
Additional Risks with Used or Damaged Cars
Used cars naturally come with some wear and tear, and damaged cars may have underlying issues that aren’t immediately obvious. Sellers might not always disclose every problem, so it’s important to be vigilant. If you’re considering a vehicle that’s been previously damaged, the risks of hidden faults or future reliability issues are higher. You can find more detailed advice in our guide to buying damaged cars.
Your Rights and Responsibilities
Under the Consumer Rights Act 2015, if you buy a car from a dealer, it must be:
Of satisfactory quality (taking into account its age and mileage)
Fit for purpose
As described
However, these rights are balanced by the fact that used or damaged cars are not expected to be perfect. If a fault is something you should have reasonably noticed, or if it was clearly pointed out before you bought the car, you may not be able to claim for it later.
If you buy from a private seller, your rights are more limited. The car must only be ‘as described’, and it’s your responsibility to check its condition before buying. For a deeper understanding, see our page on legal considerations for used car purchases.
How to Protect Yourself Before Buying
To minimise risks:
Always inspect the car thoroughly and, if possible, have an independent mechanic check it.
Ask for a full service history and any repair records.
Check for warning signs such as unusual noises, dashboard warning lights, or signs of accident repair.
Make sure any faults are recorded in writing before you agree to buy, and ensure the price reflects these issues.
If buying from a dealer, check their reputation and whether they offer any warranty.
What to Do if Faults Appear After Purchase
If a fault appears soon after purchase, your rights depend on who you bought the car from and what was disclosed at the time of sale:
From a dealer: You usually have the right to a repair, replacement, or refund within the first 30 days if the car is not as described or not of satisfactory quality. After this period, you may still be entitled to a repair or partial refund, but you may need to prove the fault was present at the time of sale.
From a private seller: You may only have a claim if the car was not as described. It’s much harder to get a refund or repair for faults that were not mentioned but could have been discovered during a reasonable inspection.
If you find yourself in a dispute, gather all documentation (such as adverts, receipts, and correspondence) and seek advice on your next steps. Understanding your legal options can help you resolve issues more effectively.
For more in-depth information on your rights and what to watch out for, explore our resources on legal considerations for used car purchases and our guide to buying damaged cars.
Other Related Issues to Consider
When dealing with a faulty car, there are several related issues you should keep in mind beyond your immediate consumer rights. Understanding how these situations affect your finance agreements, insurance, and legal standing – especially if you bought from a private seller – can help you make informed decisions and avoid further complications.
Car Finance Agreements and Compensation
If you purchased your car using finance – such as hire purchase, personal contract purchase (PCP), or a loan – your rights and options may differ slightly. Under the Consumer Credit Act 1974, you may be able to hold the finance company jointly responsible for faults, not just the dealership or seller. This means you could claim a repair, replacement, or refund from the finance provider if the car is not fit for purpose, as well as seek compensation for losses caused by the fault. For more details on your options and how to approach compensation, see our guide on car finance compensation rights.
What If the Car Is Stolen?
Discovering that your car is stolen after purchase is a serious issue. In the UK, if a car turns out to be stolen, you generally have no legal right to keep it – even if you bought it in good faith. The police may seize the vehicle, and you could lose both the car and the money you paid. Your rights to recover your money will depend on who sold you the car and whether they can be traced. Learn more about what steps to take if you bought a stolen car.
Insurance Rights and Claims
A faulty car can also affect your insurance situation. If the fault leads to an accident or damage, you may need to involve your insurer. However, insurance companies may investigate whether the fault was pre-existing or due to negligence, and this could impact your claim. It’s important to report faults and accidents promptly and to provide all relevant information. For guidance on making a claim on your vehicle insurance when a faulty car is involved, see our dedicated page.
Buying from Private Sellers
Your legal protection is different if you bought your car privately rather than from a dealer. Private sales are not covered by the Consumer Rights Act 2015, so you have fewer rights. The car must match its description, but there’s no automatic right to expect it to be of satisfactory quality or fit for purpose unless the seller has made specific claims. This makes it crucial to check the car thoroughly before purchase and get any promises in writing. For more on your rights and practical steps, visit our section on issues with buying or repairing a car.
Understanding these related issues can help you protect your rights and avoid further loss if you’ve bought a faulty car. If you need more information on your next steps, explore the linked guides above for detailed advice tailored to your situation.
Summary and Next Steps
If you’ve bought a faulty car, UK law gives you clear rights to protect your interests. Under the Consumer Rights Act 2015, you are entitled to a repair, replacement, or refund if the car is not as described, of unsatisfactory quality, or unfit for purpose. The remedies available to you often depend on how soon after purchase you act – typically, you have the strongest rights within the first 30 days, when you can usually reject the car for a full refund. After this period, you may still be entitled to a repair or replacement, and if that doesn’t resolve the problem, you can seek a partial refund.
It’s important to act quickly if you notice a fault. Contact the seller as soon as possible and clearly explain the problem. Always keep copies of any communications, sales documents, and evidence of the fault, such as photographs or mechanic reports. These records will be invaluable if you need to escalate your complaint or take further action.
If the seller refuses to help or disputes your claim, you don’t have to face the situation alone. You can seek advice from consumer protection organisations or consider mediation. For a broader understanding of your rights and the different issues that can arise when buying a car, visit our section on car purchase issues.
To gain a deeper insight into the specific legal protections for car buyers, including details about your rights under the latest laws, see our guide on cars in the Consumer Rights Act 2015. This resource explains the law in more detail and can help you better understand your options if you find yourself with a faulty vehicle.
Remember, acting promptly and keeping thorough records are your best tools for resolving problems with a faulty car. If you need further help, don’t hesitate to explore related topics or seek professional advice to ensure your consumer rights are fully protected.
