| Important: KaelTripton is not a claims management company. This guide is for information only. We do not handle claims, are not regulated by the FCA as a CMC, and do not recommend any specific claims management firm or solicitor. You can claim directly with your lender at no cost, and escalate free of charge to the Financial Ombudsman Service if your lender rejects your complaint. Most consumers do not need a CMC to claim. |
Buying a used car from a dealer and finding that it develops a fault shortly afterwards is a frustrating experience. Many consumers do not know that UK law gives them significant statutory protections, rights that exist regardless of any warranty the dealer may or may not offer. The Consumer Rights Act 2015 (CRA 2015) codified and strengthened consumer protection for goods, digital content, and services purchased from businesses. For used car buyers, it establishes clear time-limited rights to reject a faulty vehicle for a full refund, and ongoing rights to demand repair or replacement where faults emerge. This guide explains those rights in plain terms, how they apply to used cars specifically, and what steps to take if a dealer refuses to honour them. It is important to note from the outset that this topic is legally distinct from motor finance mis-selling claims under the FCA's current review and redress scheme, it concerns the physical condition of the vehicle you bought, not the commission structure of any finance agreement you entered into. However, the two situations can co-exist, and both are addressed in this guide. You do not need to use a claims management company to claim under the CRA 2015.
How the Consumer Rights Act 2015 protects used car buyers
The Consumer Rights Act 2015 (available in full at legislation.gov.uk/ukpga/2015/15/contents) came into force on 1 October 2015. It replaced and consolidated protections that had previously existed across the Sale of Goods Act 1979, the Supply of Goods (Implied Terms) Act 1973, and several other pieces of consumer legislation. For used car buyers purchasing from a business seller, the CRA 2015 is the primary statutory framework.
The Act implies three key terms into every consumer contract for the sale of goods by a trader to a consumer. First, goods must be of satisfactory quality (section 9). Second, goods must be fit for the particular purpose for which the consumer makes known they are buying them, where that purpose has been communicated to the trader (section 10). Third, goods must be as described, that is, they must conform to any description applied to them by the trader at the point of sale (section 11). Where any of these implied terms are not met, the consumer has statutory remedies set out in Part 1 of the Act, regardless of what any dealer's own terms and conditions say. A trader cannot contract out of the CRA 2015's implied terms in a business-to-consumer transaction: any attempt to do so is of no effect.
The protections are tiered by time. Different rights apply depending on when the fault becomes apparent relative to the date of purchase, and this structure is fundamental to understanding what you can ask for and when.
What "satisfactory quality" means for a used car
Section 9 of the CRA 2015 defines satisfactory quality by reference to what a reasonable person would consider acceptable, taking into account all the relevant circumstances. For a used car, those circumstances explicitly include the price paid, the age of the vehicle, and the mileage. A court or the Financial Ombudsman Service (for credit-related aspects) will not apply the same standard to a fifteen-year-old high-mileage vehicle as to a three-year-old car sold as nearly-new with a full service history.
The satisfactory quality standard specifically covers a number of aspects: the condition and appearance of the goods; whether they are free from minor defects; their safety; their durability; and whether they are fit for all the purposes for which goods of that kind are commonly supplied. For a car, fitness for all common purposes includes being roadworthy, mechanically sound in a manner appropriate to its age and price, and not posing a safety risk.
The distinction between a genuine fault present at the point of sale and ordinary wear and tear is critical. A used car is expected to have some wear consistent with its age and mileage. Worn brake pads on a high-mileage vehicle are not, of themselves, evidence of a breach of the satisfactory quality standard if the car was sold and priced accordingly. A significant mechanical failure, a snapped timing chain, a failed gearbox, or a concealed structural defect, shortly after purchase is a different matter entirely. A key legal principle is that if a fault becomes apparent within the first six months after purchase, the law presumes that the fault existed at the point of sale (section 19(14) of the CRA 2015), unless the trader can demonstrate otherwise.
Your rights in the first 30 days: short-term right to reject
Section 22 of the Consumer Rights Act 2015 gives consumers a short-term right to reject goods that do not conform to the contract, that is, goods that are not of satisfactory quality, not fit for purpose, or not as described. The short-term right to reject lasts for 30 days from the date on which the consumer takes delivery of the vehicle (or from the date the consumer discovers a fault if the trader has been asked to repair or replace the goods within the 30-day period, in which case the right is extended by the time taken for the repair or replacement attempt).
Where the short-term right to reject is successfully exercised, the trader must provide a full refund within 14 days of receiving the goods back, or of agreeing that the consumer is entitled to a refund. The trader cannot impose a deduction from the refund for use of the goods during the period the consumer has had them, except in limited circumstances involving a consumer who has previously exercised the right to repair or replacement and is now rejecting on the basis that the repair or replacement has failed.
To exercise the short-term right to reject, the consumer must communicate their rejection to the trader clearly and in writing. It is strongly advisable to do so by recorded delivery or by email with read receipt, keeping copies. The consumer should also seek an independent inspection report to document the fault, particularly if the trader disputes that a fault exists or denies that it was present at sale.
Your rights between 30 days and 6 months: right to repair or replace
Once the 30-day short-term right to reject has expired, and for six months from the date of purchase, section 23 of the CRA 2015 gives the consumer the right to require the trader to repair or replace goods that do not conform to the contract. The consumer's first remedy in this period is to ask for either a repair or a replacement (the consumer may choose which, unless one of the options is impossible or disproportionately expensive relative to the other, in which case the trader may require the alternative). The trader must carry out the repair or replacement within a reasonable time and without significant inconvenience to the consumer, and must bear any associated costs (including labour, materials, and transport).
A crucial aspect of this phase of the CRA 2015 is where the burden of proof lies. Section 19(14) of the Act provides that if goods do not conform to the contract within the first six months after delivery, they are presumed to have not conformed at the time of delivery, unless the trader proves otherwise or unless that presumption is incompatible with the nature of the goods or the nature of the lack of conformity. In practical terms, this means that if a fault emerges within six months, the consumer does not need to prove that the fault was present at the point of sale, it is presumed to have been. The trader must rebut that presumption if they wish to deny liability.
If the trader fails to carry out a repair or replacement within a reasonable time or without significant inconvenience, or if a repair or replacement is impossible, or if after one repair or replacement the goods still do not conform to the contract, the consumer acquires the right to either a price reduction (proportionate to the remaining value of the goods) or a final right to reject, with the right to a refund, which may be subject to a deduction for use.
Your rights after 6 months
After the six-month period expires, the presumption that a fault was present at the point of sale no longer applies. The burden of proof reverts to the consumer, who must demonstrate that the fault or lack of conformity was present at the time of delivery. This is a significantly higher evidential hurdle, typically requiring expert inspection evidence and documentation.
The right to bring a claim under the CRA 2015 for goods that are not of satisfactory quality is subject to the general limitation period applicable to contract claims in England and Wales, six years from the date the cause of action accrued (normally the date of purchase) under the Limitation Act 1980. However, as a practical matter, establishing that a fault was present at the point of sale for a vehicle purchased four or five years previously is highly fact-intensive and will generally require professional evidence.
After six months but within the limitation period, the consumer retains a final right to reject, rejecting the goods and claiming a refund, subject to a deduction for the use they have had of the goods. The deduction for use reflects the value the consumer has had from the vehicle during the period they owned it and is calculated based on the price paid and the period of use. The final right to reject in this period is available only where repair or replacement has been attempted and failed, or where the trader has declined to carry out repair or replacement.
Buying from a private seller vs a dealer: critical difference
The protections under the Consumer Rights Act 2015 apply only to contracts between a trader and a consumer. A "trader" is defined in section 2(2) of the Act as a person acting for purposes relating to that person's trade, business, craft, or profession. A private individual selling their own car is not a trader for the purposes of the CRA 2015, and the statutory implied terms as to satisfactory quality, fitness for purpose, and conformity with description do not apply to private sales.
Private sales of used cars are governed by the principle of caveat emptor, let the buyer beware. This does not mean that a private seller can actively lie or misrepresent the condition of a vehicle: the Misrepresentation Act 1967 and the general law of fraudulent or negligent misrepresentation continue to apply. A seller who knowingly makes a false statement about a car's condition or history (for example, by falsely claiming it has had one owner when it has had six, or by concealing known mechanical problems) may face a claim in misrepresentation. However, the remedies are more limited and harder to establish than the statutory rights available against a trader.
When purchasing any used car, regardless of whether from a trader or a private seller, you should always carry out due diligence: obtaining a vehicle history check (to verify ownership history, finance outstanding, write-off category, mileage discrepancies, and stolen status), inspecting the vehicle in person, and ideally commissioning an independent pre-purchase inspection by a qualified mechanic or motoring organisation. When buying from a trader, ask for the dealer's full legal name and address (required for any future CRA 2015 claim) and request copies of all service records, MOT certificates, and any warranty documentation.
How to claim under the CRA 2015 step by step
If you believe the used car you purchased from a dealer has a fault that entitles you to a remedy under the Consumer Rights Act 2015, the following process sets out the practical steps.
The first step is to obtain an independent inspection report from a qualified vehicle technician or a motoring organisation that provides inspection services. The report should identify the specific fault, its nature and likely cause, and, if possible, whether in the expert's opinion the fault is consistent with having been present at the point of sale. This report is important evidence both for the initial complaint to the dealer and for any subsequent escalation.
The second step is to write to the dealer formally, setting out your complaint. The letter or email should state the date of purchase, the vehicle details (make, model, registration, VIN), the nature of the fault, when it was discovered, and the remedy you are seeking (rejection for a refund within the 30-day period, or repair or replacement thereafter). Send this in writing, email with a read receipt, or recorded delivery letter, and keep copies. State a reasonable deadline for a response (typically 14 days is reasonable for a written acknowledgement, with 28 days for a substantive response and offer of remedy).
The third step, if the dealer has paid for the vehicle using a credit card or on hire purchase or conditional sale, is to consider Section 75 of the Consumer Credit Act 1974 (available at legislation.gov.uk/ukpga/1974/39/section/75). Under section 75, if you paid some or all of the purchase price on a credit card, or used a hire purchase or conditional sale agreement to finance the purchase, the credit provider is jointly and severally liable alongside the dealer for any breach of contract or misrepresentation. This means you can pursue the lender directly for the same remedy you could pursue against the dealer, which is particularly useful if the dealer has ceased trading. Section 75 applies where the cash price of the goods is more than £100 and not more than £30,000. Note that this is distinct from any motor finance mis-selling claim, it is a claim arising from the physical condition of the vehicle, using the finance agreement as a route to the lender's joint liability for the purchase.
If the dealer refuses to engage or rejects your complaint, the fourth step is to consider the small claims track of the County Court for amounts up to £10,000 in England and Wales (the monetary limit for claims in Scotland and Northern Ireland differs). Small claims proceedings are designed to be accessible to consumers without legal representation. The court fee is proportionate to the amount claimed. Before issuing proceedings, you should send a formal "Letter Before Action" giving the trader a final opportunity to resolve the matter, stating that you intend to issue court proceedings if a satisfactory resolution is not reached within a specified period (typically 14 days).
Citizens Advice provides free guidance on the CRA 2015 consumer rights process at citizensadvice.org.uk, and the consumer service on 0808 223 1133 can provide assistance if you are unsure about the process.
How CRA 2015 differs from mis-sold car finance claims
It is important to be clear about the distinction between a CRA 2015 claim for a faulty vehicle and a mis-sold car finance claim under the FCA's current motor finance review and redress scheme.
A CRA 2015 claim concerns the physical condition of the vehicle itself: whether the car was of satisfactory quality, fit for purpose, and as described at the point of sale. The potential defendant is the dealer who sold the vehicle to you (or the lender under section 75 of the Consumer Credit Act 1974, where credit was used). The remedy is a refund, repair, or replacement. This claim exists under private law (contract law) and is pursued through the civil courts or via your lender under section 75.
A mis-sold car finance claim under the FCA's review concerns the financial product, the PCP or HP agreement, attached to the purchase. Specifically, it concerns whether the commission paid by the lender to the dealer was adequately disclosed to you and whether your credit relationship was "unfair" within the meaning of section 140A of the Consumer Credit Act 1974. The remedy is financial redress reflecting the additional interest you paid as a result of the undisclosed commission arrangement. This claim is being addressed through the FCA's industry-wide redress scheme (PS26/3, March 2026) and does not require you to have had any problem with the physical vehicle.
It is entirely possible to have both types of claim arising from the same vehicle purchase. If you bought a used car on PCP or HP before 1 November 2024, the vehicle developed a fault, and you also had an undisclosed commission arrangement on the finance agreement, you may have separate and independent entitlements under the CRA 2015 (for the faulty vehicle) and under the FCA redress scheme (for the finance mis-selling). These are separate legal routes and are pursued through different channels. The existence of one claim does not affect the availability of the other.
For full guidance on the motor finance mis-selling process, see Mis-Sold Car Finance UK.
Sources and verification
- Consumer Rights Act 2015, legislation.gov.uk
- Consumer Rights Act 2015, Part 1: Goods, legislation.gov.uk
- Consumer Rights Act 2015, Section 9 (Satisfactory quality), legislation.gov.uk
- Consumer Rights Act 2015, Section 22 (Short-term right to reject), legislation.gov.uk
- Consumer Rights Act 2015, Section 23 (Right to repair or replacement), legislation.gov.uk
- Consumer Credit Act 1974, Section 75 (Liability of creditor for breaches by supplier), legislation.gov.uk
- Limitation Act 1980, legislation.gov.uk
- Citizens Advice: Returning faulty goods, citizensadvice.org.uk
| Disclaimer: This article is for informational purposes only and does not constitute financial or legal advice. The FCA's motor finance review is an active regulatory process and details may change. Always verify current procedures, time limits, and your specific eligibility with the relevant lender, the Financial Ombudsman Service (FOS), or the FCA before making any decision. KaelTripton has no commercial relationship with any lender, claims management company, or solicitor named in this article. |
Frequently asked questions
What rights do I have if my used car is faulty under the Consumer Rights Act 2015?
If you bought a used car from a trader (a business dealer, not a private individual) and it is not of satisfactory quality, not fit for purpose, or not as described, you have statutory rights under the Consumer Rights Act 2015. In the first 30 days, you have the short-term right to reject the car for a full refund (section 22). Between 30 days and six months, you have the right to demand a repair or replacement (section 23). After six months and up to six years from purchase, you retain rights but must prove the fault was present at the point of sale, which is a higher evidential threshold.
How long do I have to reject a faulty used car?
The short-term right to a full refund under section 22 of the CRA 2015 lasts for 30 days from the date you receive the vehicle. If you ask the dealer for a repair or replacement during that period, the 30-day window is paused while the trader carries out the work. After 30 days, you move into the repair-or-replacement phase. The right to bring any claim under the CRA 2015 is subject to a six-year limitation period from the date of purchase under the Limitation Act 1980.
Does the Consumer Rights Act apply to private used car sales?
No. The Consumer Rights Act 2015 applies only to contracts between a business trader and a consumer. If you buy from a private seller, the statutory implied terms as to satisfactory quality and fitness for purpose do not apply. Private sales are governed by caveat emptor (buyer beware), though the seller cannot make fraudulent or negligent misrepresentations about the vehicle's condition without potential liability under the Misrepresentation Act 1967. Always carry out due diligence before purchasing from a private seller.
What if my dealer refuses to refund or repair my faulty car?
If the dealer refuses to honour your CRA 2015 rights, you have several options. You can pursue the claim through the small claims track of the County Court (for amounts up to £10,000 in England and Wales) without needing a solicitor. If you financed the vehicle on a credit card or on hire purchase, you may also be able to pursue the credit provider directly under Section 75 of the Consumer Credit Act 1974, which makes the lender jointly liable for the dealer's breach of contract. Before issuing court proceedings, you should send a formal Letter Before Action giving the dealer a final opportunity to resolve the matter.
Can I make both a Consumer Rights Act claim and a mis-sold car finance claim?
Yes. The two types of claim are entirely separate and arise from different legal frameworks. A CRA 2015 claim concerns the physical condition of the vehicle and whether it was of satisfactory quality at the point of sale. A mis-sold car finance claim under the FCA's redress scheme concerns the financial product, specifically, whether commission paid to the dealer by the lender was adequately disclosed to you. If both issues apply to your situation, you can pursue both claims independently through their respective channels.
What is Section 75 of the Consumer Credit Act, and when does it apply?
Section 75 of the Consumer Credit Act 1974 makes a credit provider jointly and severally liable for any breach of contract or misrepresentation by a supplier from whom you have purchased goods or services using regulated credit. It applies where the cash price of the goods is more than £100 and not more than £30,000, and where the purchase was financed by a credit card, hire purchase agreement, or conditional sale agreement. In the context of a faulty used car, it means that if the dealer will not or cannot resolve your CRA 2015 claim (for example, if the dealer has closed down), you may be able to pursue your lender directly for the same remedy. Note that this is a separate route from any motor finance commission mis-selling claim under the FCA redress scheme.