Step-by-step
Document the problem
Gather evidence of misrepresentation or faults: MOT history, independent inspection report, advert screenshots.
Get independent inspection
Have an independent mechanic or vehicle inspector assess the car and provide a written report.
Contact the seller
Write to the dealer explaining the problem and what you want (refund, repair, or compensation).
Check finance options
If bought on finance, you may have additional claims against the finance company.
Send letter before claim
If dealer refuses, send formal letter before claim detailing your claim.
File your claim
File via Money Claim Online. Include the vehicle value difference or refund sought.
Understanding Used Car Disputes
When buying a used car from a dealer, you have significant legal protection under the Consumer Rights Act 2015. Cars must be as described, of satisfactory quality, and fit for purpose.
Common scenarios:
- Car misrepresented (hidden damage, wrong history)
- Mileage fraud (clocked car)
- Dealer failed to deliver vehicle after deposit
- Warranty disputes
- Hidden finance or outstanding debts on vehicle
Key timeframes:
- 30 days: Right to reject for full refund
- 6 months: Fault presumed to have existed at sale
Evidence You Need
Essential evidence:
- Sales agreement and receipt
- Original advertisement (screenshot or printout)
- Independent inspection report
- MOT history (check online)
- Service history (if claimed)
Helpful evidence:
- Communication with seller
- HPI check showing outstanding finance
- Photos of defects
- Expert mechanic assessment
MOT history check:
Go to gov.uk and enter the registration number. This shows mileage at each MOT - crucial for mileage fraud cases.
What You Can Claim
Typical claim value: £500 - £10,000
You can claim:
- Full refund (if rejected within 30 days or fault cannot be fixed)
- Difference in value (car worth less than represented)
- Cost of repairs for faults
- Consequential losses (inspection costs, etc.)
Mileage fraud calculation:
The difference between what you paid and what the car is worth with its true mileage. Valuation guides can help establish this.
Types of Used Car Claims
Mileage fraud:
If the mileage has been reduced ("clocked"), you can claim the difference in value. Check MOT history for jumps in recorded mileage.
Hidden damage:
If previous accident damage was not disclosed and affects value or safety, claim for reduced value or rejection.
Mechanical faults:
If faults existed at the time of sale (not caused by subsequent use), the dealer must repair, replace, or refund.
Finance problems:
If the car has outstanding finance and the lender repossesses it, claim your full purchase price from the dealer.
Warranty refusal:
If warranted repairs are refused without valid reason, claim the repair cost.
Frequently asked questions
How do I check if a car has been clocked?
Check the MOT history at gov.uk - it shows mileage at each test. If mileage goes down between tests, it has been clocked. Also check service records and look for wear inconsistent with claimed mileage.
What are my rights when buying from a dealer vs private seller?
From a dealer: full Consumer Rights Act protection - goods must be as described, satisfactory quality, fit for purpose. From a private seller: goods must only match any description given. "Sold as seen" can limit private sale claims.
Can I reject the car and get a full refund?
Within 30 days of purchase, you can reject for a full refund if there is any fault. After 30 days, the dealer gets one chance to repair or replace. Only if repair/replacement fails can you then reject.
What if I bought the car on finance?
If you used dealer finance (HP or PCP), the finance company is jointly liable with the dealer. You can claim against either or both. For credit card payments over £100, Section 75 gives you additional protection.
The dealer says "sold as seen" - does this remove my rights?
No. For dealer sales, "sold as seen" does not remove your Consumer Rights Act protection. The car must still be as described and of satisfactory quality for its age/price. This term is only relevant for private sales, and even then has limits.
How long do I have to make a used car claim?
Six years from purchase. However, after 6 months, you must prove the fault existed at the time of sale (before 6 months, the dealer must prove it did not). Act quickly while evidence is available.
This guide provides general information about UK small claims court procedures and is for educational purposes only. It does not constitute legal advice. CourtPilot is not a law firm and is not regulated by the Solicitors Regulation Authority. The law may have changed since this guide was last updated. For advice specific to your situation, please consult a qualified solicitor or seek help from Citizens Advice.