Common Car Purchase Disputes
Rejection — Your Options in Detail
- 30-day short-term right to reject — fault within 30 days: full refund, no deduction for use. Return the vehicle to the dealer and demand your money back. The dealer cannot insist on a repair instead within this period.
- Repair and replacement (30 days to 6 months) — beyond 30 days but within 6 months: the dealer is entitled to one repair attempt. If the repair fails, the fault persists, or the repair is not carried out within a reasonable time and without significant inconvenience, you can claim a refund. A "deduction for use" may be applied — but only to the extent you actually benefited from using the vehicle.
- Section 75 claim against the finance company — where the vehicle was purchased on a credit agreement (PCP, HP, credit card), the finance company is jointly liable for the dealer's breach of contract and misrepresentation. This is particularly useful where the dealer has ceased trading or is otherwise unwilling to honour a refund.
- Misrepresentation Act 1967 rescission — where the dealer made a false statement of fact (not just opinion) that induced the purchase, the contract can be rescinded and the purchase price returned. Damages are also available under s.2(1) (negligent misrepresentation) — and the defendant bears the burden of disproving negligence.
Frequently Asked Questions
The dealer says the fault is "wear and tear" on a used car — what can I do?
Within the first 6 months, the burden is on the dealer to prove the fault was not present at the time of sale — not on you to prove it was. A dealer who claims wear and tear must demonstrate this with evidence. An independent engineer's report from an RVRA or IMI-qualified vehicle inspector identifies whether the fault is attributable to a manufacturing defect, pre-existing condition, or use after purchase. A solicitor obtains the expert report and uses it to rebut the dealer's position.
I bought the car from a private seller — do I have the same rights?
No — the Consumer Rights Act 2015 applies only to sales by a trader to a consumer. In a private sale, the only implied term is that the seller has the right to sell the vehicle (title). There is no implied warranty of satisfactory quality or fitness for purpose in a private sale. Your remedy in a private sale is limited to a misrepresentation claim if the seller made specific false statements about the vehicle — for example, about its service history, accident history, or mileage. A solicitor assesses whether the seller's statements amount to actionable misrepresentation.
I bought the car on a 0% finance deal — can I claim against the finance company?
Yes — section 75 of the Consumer Credit Act 1974 applies to regulated credit agreements where the cash price of the goods was between £100 and £30,000. A 0% PCP or HP agreement is a regulated credit agreement, and the finance company is jointly liable with the dealer. This means you can pursue the finance company for a refund or compensation, regardless of whether the dealer is willing or able to cooperate. Finance companies are often more commercially motivated to resolve disputes quickly than individual dealers.
The dealer says the fault was present when I viewed the car — does that mean I accepted it?
Not necessarily — a consumer does not accept a fault simply by viewing the vehicle, unless the dealer specifically drew it to the consumer's attention before purchase and the consumer accepted the vehicle with that fault on notice. Where a fault was not disclosed and could not reasonably have been discovered on a visual inspection (for example, an internal mechanical defect), the consumer retains the right to reject on discovering it. A solicitor advises on whether the pre-existing condition argument undermines your claim.
The dealer has accepted the car back for repair but the problem has come back — what now?
Where a trader has attempted one repair but the fault persists or recurs, you are entitled to pursue the "final right to reject" under s.24 of the Consumer Rights Act 2015 — a refund (which may be reduced for use) or a replacement vehicle. The dealer does not have a right to a second repair attempt, though you may agree to one at your option. A solicitor advises you to write formally to the dealer notifying them that you are exercising the final right to reject, specifying the refund amount sought, and giving a short deadline before proceedings are commenced.