How to Complain About a Second-Hand Vehicle

After our homes, cars are often the next most expensive thing that we own. Buying a second-hand car can be a cost-effective way to own a vehicle, but it also comes with risks.

There were 7.1 million second-hand car sales in the UK last year. Drivers spend over £363 million on second-hand car faults each year. And according to the Citizens Advice Bureau, half of the cars that develop a fault display the fault within a month of purchasing the vehicle.

So what happens if you have a problem with the car you purchased second-hand?

If you’ve purchased a used car in the UK and discovered issues, you may be entitled to complain and seek a resolution. This guide explains your rights and the steps to take if you need to complain about a second-hand car or van.

What are your rights when buying second-hand?

If you buy a car and it develops a fault, what are your rights and what can you do? When purchasing a second-hand car, your rights depend on where you bought it:

From a dealership

If you bought the vehicle from a dealership you are protected under the Consumer Rights Act 2015, which means the car must be:

• Of satisfactory quality. The car must be in reasonable condition, considering its age, make, mileage, its past history and the price paid.
• Fit for purpose. If you request a vehicle, which is capable of towing a large caravan, it must be capable of doing the job. However, before you purchase the vehicle ensure you have asked these questions, preferably in writing along with the seller’s written response.
• As described.

From a private seller

If you bought the vehicle from a private seller via a second-hand sites like Gumtree or eBay your rights are far more limited, but the car must be:

• As described by the seller. In other words, the car is what it is meant to be as it described in the sellers description, including any written description in an advertisement or catalogue.
• Be roadworthy: It is a criminal offence to sell an un-roadworthy car. A car is not roadworthy if its brakes, tyres, steering or construction make it unfit for the road. Even an MOT certificate doesn’t necessarily mean that the car roadworthy but of course it is a good sign.

From an Auction

If you bought the vehicle from an auction house, your rights depend on the auction house’s terms and conditions. Some auctions operate under “sold as seen” policies, limiting your ability to claim.

How to complain about a second-hand vehicle 

If you have an issue with your second-hand vehicle, these are the steps to follow:

1. Contact the seller

Speak to the dealer, private seller, or auction house as soon as you notice the problem. If it’s a dealership, they may offer a repair, replacement, or refund.

2. Gather evidence

To support your complaint you should gather evidence, including records of:

• The advert for the car
• Sales receipts
• Any communication with the seller
• Photographs or videos of faults
• Independent mechanic reports (if necessary)

3. Understand your time limits

• First 30 Days: If the car is faulty, you can reject it and request a full refund under the Consumer Rights Act.
• 30 Days to 6 Months: The dealer has one opportunity to repair or replace the car before you can request a refund.
• After 6 Months: The burden shifts to you to prove the fault was present at the time of purchase.

4. Write a formal complaint

If the seller refuses to help, send a formal complaint letter or email. Include:

• Details of the purchase (date, price, seller’s details)
• Description of the issue
• The action you expect (e.g., refund, repair)
• A deadline for their response (usually 14 days)

5. Seek alternative resolution

• If the seller is part of a trade association (e.g., The Motor Ombudsman, Retail Motor Industry Federation), you can escalate the complaint.
• Consider using an Alternative Dispute Resolution (ADR) service.

6. Take legal action

If the seller does not cooperate, you may take legal action:

• Small Claims Court: If the amount in dispute is under £10,000 in England and Wales (£5,000 in Scotland and £3,000 in Northern Ireland).
• Trading Standards: Report unfair trading practices to your local Trading Standards office.

If you bought from a dealership…

If a car purchased from a dealership displays a fault within the first 4 weeks, immediately contact the dealership in writing, stating that you reject the car and are requesting a full refund. Remember, you must stop using the vehicle as otherwise your case will not be deemed as valid.

If the issue has not been resolved to your satisfaction, you will need to take legal action. The best way is via Money Claims OnLine (MCOL), the Government’s online Court. You can claim up to £99,999 and the threat of action is often enough to resolve the issue. 80% of issues resolved before they go to Court and you can cancel at any time.

If you bought with hire purchase from a dealership…

Under common law, you can reject the car throughout the duration of your contract. However you must immediately stop using the vehicle once you have detected a fault and reported it. Report the issue in writing and explain that the product is of unsatisfactory quality.

If you bought from a private seller…

It is illegal for a firm to claim to be a private seller so ensure the person is actually a private seller. If you purchase from a private seller then you are buying the car, sold as seen and there is very little come back if something goes wrong.

Avoiding Problems in the Future

So how can you stop a problem before it happens? To reduce the risk of buying a faulty second-hand car:

Buy from reputable dealers with good reviews

You have very little recourse when being ripped off by a private seller, so stick with trusted dealerships with lots of positive feedback from previous buyers.

Ask for a test drive and walk around check

Always see the vehicle in person and check for signs the car isn’t what it seems. Double check that it has a spare tyre and all the correct tools.

Check key documents and the vehicle’s history using a service like HPI Check

You can quickly check a car’s history online to ensure that its does not have any outstanding debt against it and that it has not been written off or scrapped.

The service history demonstrates if car has been maintained. Make sure you ask to see the service history and when and where it was serviced. It is also good to see all the receipts for servicing and car maintenance.

The MOT certificate indicates if car is roadworthy. Preferably ensure the cars MOT is recent as then you know it has been independently deemed to be road worthy.

Check the V5 registration document – this is the car ownership document and will help reassure you that the car is not stolen;

Have the car inspected by a mechanic before purchase

You may want to consider getting an engineer’s check – but this will depend on cost of the car and the condition of the vehicle.

Get all agreements in writing and keep a copy of ads and communications with the seller

By obtaining written agreements and keeping a copy of the car’s advert, marketing material and correspondence  with the seller if something goes wrong you then have reference material to help resolve your issue as well as your proof of purchase.

Check price value guide

Price value guides indicates what is reasonable price to pay for the type of vehicle you are looking at. You can do this from sites such as AutoTrader.

Buy on credit card

If you can, buy the car on credit card as under section 75 of the Consumer Credit Act, the credit card firm is equally liable for breaches of contract for all purchases between £100 and £30,000.

If you have any thoughts on this topic, or any other consumer issues you would like us to cover, feel free to get in touch with us at support@resolver.co.uk.

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