Start My Claim

Bought a faulty used car? Your rights under the Consumer Rights Act 2015 — short-term right to reject, repair or refund, and finance-company liability under s.75. Plus how to claim through the small claims court.

Short-term right to reject — you can demand a full refund if the car is faulty. The dealer cannot insist on repair first. Applies to most second-hand cars from a trader.

Fault is presumed to have existed at the time of sale. Dealer gets one attempt to repair or replace. If that fails, you are entitled to a refund (which can be reduced for use).

You must prove the fault existed at the time of sale. Independent inspection reports become essential. Up to six years to claim from the date of purchase (Limitation Act 1980).

How to claim for a faulty second-hand car through small claims court

Steps to exercise your Consumer Rights Act 2015 rights when you buy a faulty used car from a trader.

Identify your rights window

Within 30 days, you have a short-term right to reject for a full refund. Between 30 days and 6 months, the trader must repair or replace first. After 6 months, you must show the fault was present at the time of sale.

Report the fault in writing immediately

Email or write to the dealer as soon as the fault appears. This records when you first notified them and starts the clock.

Allow one attempt at repair (unless rejecting within 30 days)

Outside the 30-day window, the trader has one chance to repair before you can escalate to a refund or price reduction.

Get an independent inspection

Commission an independent vehicle inspection report from a qualified engineer. This is essential evidence for court.

Send a Letter Before Action

Write to the dealer giving 14 days to refund or repair, quoting the Consumer Rights Act 2015. State clearly what you want.

File via Money Claim Online

Issue your claim via MCOL. For finance purchases, you may also have a section 75 claim against the finance company.

Three windows of protection

Buying from a trader (a dealer or business). Your rights depend on how long has passed since purchase.

These protections apply to most second-hand cars from traders. The standard expected adjusts for age and price — you cannot expect a 10-year-old £2,000 car to be fault-free, but you can expect it to be road-worthy and as described.

If you bought on finance — claim s.75

If you bought the car on a regulated finance agreement (PCP, HP, conditional sale) and the cash price was between £100 and £30,000, the finance provider is

jointly and severally liable

with the dealer for breaches of contract or misrepresentation under

section 75 of the Consumer Credit Act 1974

This means you can claim directly against the finance company — often more practical than chasing a dealer who may be unresponsive or insolvent. Lenders have proper complaints processes and you can escalate to the Financial Ombudsman Service (free) if they reject you.

PCP and HP both work — even though technically you are renting until the final payment, s.75 still applies because the finance was used to acquire the car.