Sue a car dealer.
Faulty used car? Know your rights.

Your rights when you buy a car from a dealer

A car bought from a dealer is "goods" under the Consumer Rights Act 2015, so it must be of satisfactory quality, fit for purpose and as described (ss.9 to 11). For a used car, satisfactory quality takes account of its age, mileage and price: you cannot expect a ten-year-old car to be perfect, but you can expect it to be safe and roadworthy and free of faults the dealer did not tell you about. Anything the dealer said or wrote about the car, such as the advert, the mileage or the service history, is part of the description.

These rights apply to used cars as well as new ones, and they apply against the dealer even if the car came with a separate warranty.

The 30-day and 6-month rules for cars

• Within 30 days of taking ownership and delivery, you can use the short-term right to reject for a full refund (ss.20 and 22). Tell the dealer clearly, in writing, that you are rejecting the car.
• After 30 days, you can ask for a repair or replacement (s.23). The dealer must do it within a reasonable time, without significant inconvenience, at no cost to you.
• If one repair or replacement fails, you can ask for a price reduction or use the final right to reject (s.24).
• Within six months of delivery, a fault is presumed to have been present at delivery for those later remedies unless the dealer proves otherwise (s.19(14)). After six months, you need to show the fault was there when you bought it, which is where an independent inspection matters.
• Deduction for use. For most goods there is no deduction for use on a final rejection within six months, but cars are an exception: the refund on a final rejection can be reduced to reflect the use you have had (s.24(10) and (11)). No deduction applies to the 30-day short-term right to reject.

Bought the car on finance?

Hire purchase and PCP. Under a hire purchase or PCP agreement the finance company usually owns the car and supplies it to you, so your Consumer Rights Act claim is normally against the finance company rather than the dealer. Complain to the finance company in writing first. If you are not happy with its final response, or it has not replied within eight weeks, you can usually take the complaint to the Financial Ombudsman Service, which is free.

Credit card or a separate loan. If you paid part of the price by credit card, or with a loan the dealer arranged, and the cash price was over £100 and no more than £30,000, section 75 of the Consumer Credit Act 1974 can make the lender jointly liable with the dealer.

Finance claims can be technical. If the agreement is large or the paperwork is unclear, consider getting advice before you issue.

Step by step: from complaint to small claims court

1. Stop driving it if it is unsafe, and record the fault. Note the mileage and the date the fault appeared, keep the advert, invoice, MOT and service records, and take photos or video.
2. Get an independent inspection. A report from an independent engineer that describes the fault and says whether it was likely present at the sale is often the most important evidence. On the small claims track, expert fees of up to £750 can be recovered.
3. Reject or complain in writing. Write to the dealer (or the finance company, for HP or PCP) saying which right you are using and what you want. Within 30 days, say clearly that you are rejecting the car. If the dealer belongs to a scheme such as The Motor Ombudsman, you can ask whether it will look at the complaint.
4. Send a letter before action. If that fails, send a formal letter before action following the Practice Direction on Pre-Action Conduct: the car, the fault, the evidence, the remedy and sum you want, and a reasonable deadline (14 days is common).
5. Issue the claim online. If the deadline in your letter passes without payment, you can issue the claim yourself through Money Claim Online or the GOV.UK "Make a money claim" service. You state a fixed sum, a short description of the claim and any interest, and pay the issue fee. The defendant needs an address for service in England or Wales.
6. Wait for the response. Once the claim is served, the defendant normally has 14 days to pay, admit, or file a defence, or 28 days in total if they file an acknowledgment of service first. If they do nothing, you can ask the court for judgment in default.
7. Free mediation if it is defended. Most defended small money claims are now referred to a free one-hour telephone session with the HMCTS Small Claims Mediation Service before a hearing is listed. See our guide to mandatory mediation.
8. Directions and the small claims track. If it does not settle, both sides complete a directions questionnaire and the court allocates the case. Claims up to £10,000 normally go to the small claims track, where the procedure is simpler and each side usually pays its own legal costs. The court then sets dates for exchanging documents and witness statements, and you pay the hearing fee.
9. The hearing. Small claims hearings are informal and often short. A district judge reads the papers, asks both sides questions and gives a decision, usually the same day. Our guide to what to expect at the hearing covers the day itself.
10. Judgment and enforcement. If you win and they still do not pay, the court has enforcement options such as a warrant of control or an attachment of earnings order. Each has its own fee.

Bought from a private seller?

The Consumer Rights Act 2015 does not apply to private sales. A private seller must still sell a car that matches its description, and if they made false statements that persuaded you to buy, you may have a claim for misrepresentation. Those claims are harder, because there is no implied term of satisfactory quality and no six-month presumption.

Court fees to sue a car dealer

You pay the issue fee when you start the claim, and the hearing fee only if the case is defended and listed for a hearing. Many used-car claims fall in the top small claims band. Use the court fee calculator for your exact figure.

The issue fee runs from £35 for a claim up to £300 to £455 for a claim of £10,000. If the case goes to a hearing there is a second fee, from £27 to £346 on the small claims track. See the full fee table by claim amount or use the court fee calculator for your exact figure.

Fees from the HMCTS fee list (EX50), last checked against gov.uk on 2026-10-19. Fees change, so check gov.uk before you pay. If you are on a low income you may qualify for Help with Fees (form EX160). Court fees you pay are normally added to the claim and can be ordered against the other side if you win.

Worked example

Related guides and tools

• Used car disputes guide: evidence, inspections and common dealer defences.
• Vehicle repair disputes: when a garage, rather than the dealer, did a poor job.
• Faulty goods claims: the same Consumer Rights Act rules for other products.
• Motor trade disputes: other disputes with dealers and garages.
• How to write a letter before claim: what the Practice Direction on Pre-Action Conduct expects you to include.
• Money Claim Online, step by step: filing the claim yourself and what each screen asks for.
• Court fee calculator: the issue and hearing fee for your exact claim amount.
• Statutory interest calculator: works out 8% simple interest and the daily rate for the claim form.
• What to expect at a small claims hearing: how the day runs and how to present your evidence.