Bought something privately and it turned out faulty You may still have a claim
A caravan with hidden damp, a mower that won't start, a camper with problems no one mentioned — private sales don't come with the same protections as shop purchases, but that doesn't mean you're stuck. If the seller misrepresented the item's condition, you can take them to small claims court for what it's cost you. No solicitor needed to get started.
Courts may award simple interest on money you are owed — commonly 8% a year under the County Courts Act 1984, at the court's discretion rather than automatically — usually running from the date the money fell due. Court fees are typically added to a successful claim.
These are real situations people have brought to us — private sales that went wrong once the item got home.
The sorts of things people tell us about this kind of dispute. 5 cases like it have come to us.
Your legal rights where consumer goods are faulty
In England and Wales, the Consumer Rights Act 2015 usually applies where a consumer buys goods from a trader. It can support claims where goods are faulty, not as described, not fit for their usual or stated purpose, or where a trader suggests that statutory rights are excluded by phrases such as "sold as seen".
ActConsumer Rights Act 2015, s.9Goods generally must be of satisfactory quality.
This term is usually treated as part of a consumer sales contract. A fault may support an argument that the goods were not satisfactory, depending on matters such as price, description, age, safety, durability and appearance. Courts typically ask what a reasonable person would regard as satisfactory in all the circumstances.
Read it on legislation.gov.uk ↗ActConsumer Rights Act 2015, s.10Goods generally should fit a purpose made known to the trader.
Where a consumer made a particular purpose known, and appears to have relied on the trader’s skill or judgment, the goods may need to be fit for that purpose. This can matter even if the goods work for ordinary use. It may be less relevant where the trader was not told about the purpose or reliance would not be reasonable.
Read it on legislation.gov.uk ↗ActConsumer Rights Act 2015, s.11Goods generally should match the description used to sell them.
Descriptions in adverts, listings, labels, packaging or order confirmations may form part of the contract. If the supplied goods differ from that description, a court may treat that as non-conformity even if the goods are otherwise usable. The focus is usually on what was contractually promised and what was actually supplied.
Read it on legislation.gov.uk ↗ActConsumer Rights Act 2015, s.19If goods do not conform, statutory remedies may apply.
Where goods breach the statutory terms on quality, fitness or description, the Act generally provides a route to remedies. Depending on timing and circumstances, these may include rejection, repair, replacement, price reduction or a refund under related provisions. Courts may consider whether the problem existed at delivery, whether any repair was attempted, and the relevant statutory time limits.
Read it on legislation.gov.uk ↗ActConsumer Rights Act 2015, s.19(14)A fault appearing within six months may be presumed to have existed at delivery for certain remedies.
For the repair or replacement remedies, and for the price-reduction or final-rejection remedies, goods that fail to conform within six months of delivery are generally taken to have failed to conform at delivery. That presumption may not apply if the trader proves otherwise or if it is incompatible with the nature of the goods or the way the lack of conformity appears. This six-month presumption is not usually the rule for the short-term right to reject.
Read it on legislation.gov.uk ↗ActConsumer Rights Act 2015, ss.20 and 22The short-term right to reject is under s.20, with a usual 30-day time limit under s.22.
Where goods do not conform, s.20 provides the right to reject in relevant cases, including the short-term right to reject. Section 22 usually limits the short-term right to reject to 30 days from delivery, subject to the Act’s detailed rules and any pause where repair or replacement is agreed. If the right is exercised in time, the consumer may usually seek to reject the goods and obtain a refund.
Read it on legislation.gov.uk ↗ActConsumer Rights Act 2015, s.31A trader usually cannot contract out of the main statutory goods rights.
Terms or notices that try to exclude or restrict the consumer’s statutory rights about satisfactory quality, fitness for purpose, description or the main statutory remedies are generally not binding on the consumer. This is why wording such as "sold as seen" will not usually defeat a consumer’s statutory rights against a trader, although the facts and any specifically disclosed defects may still matter.
Read it on legislation.gov.uk ↗Case lawContract law — damages for breach of contractCompensation usually aims to reflect the loss caused by breach.
If a breach is established, a court may award damages for loss caused by the faulty or misdescribed goods. Losses usually need to be proven, reasonably foreseeable and not too remote. Courts may reduce or reject losses that are speculative or that could reasonably have been avoided.
This is general legal information for England and Wales, not advice.
What the seller might say — and how that usually holds up
'Sold as seen' doesn't usually protect a seller who misrepresented the item's condition or hid a known fault. Courts often look at what was actually said or written before the sale, not just a phrase used afterwards.
Buyers do usually carry more risk in a private sale than in a shop purchase, but that typically applies to defects a reasonable inspection would have caught — not hidden problems the seller knew about and didn't mention.
A written contract helps, but it isn't the only evidence a court will consider. Messages, listing descriptions, photos, repair invoices, and even the timing of when the fault appeared can often support a claim.
Selling the item on doesn't usually cancel a claim for what it actually cost you to fix, or the difference between what you paid and what it was really worth — courts typically still look at the loss at the time of purchase.
Three steps, no solicitor
Your side, your words
What happened, what was agreed, what you are out of pocket. We ask what a court would ask.
A formal demand
A letter before action with a deadline, setting out what is owed and why. Many disputes end here.
Court claim, prepared
If they will not engage: a small claim drafted, checked and filed. We do the paperwork; the decision is the court’s.
What JustClaim is: we prepare and file the paperwork for your claim, for a fixed price shown before you pay. We're not a law firm, this isn't legal advice, and no outcome is ever guaranteed — what you get is the strongest honest version of your case, properly made.
Questions people in this exact spot ask
I bought a caravan privately and it had hidden damp — can I still claim?
Possibly. If the seller described the caravan as being in good condition and didn't disclose known damp or repairs, that may amount to misrepresentation, which courts can consider even in a private, cash sale. Photos of the damage and any repair quotes or invoices tend to help.
There was no written contract, just a Facebook Marketplace listing — does that matter?
It matters less than people often assume. The listing description, your messages with the seller, and any texts about the item's condition can usually be used as evidence, even without a formal contract.
The seller says 'sold as seen' covers them completely — is that true?
Not necessarily. 'Sold as seen' typically limits a seller's responsibility for faults a buyer could reasonably have spotted, but it usually doesn't excuse a seller who misrepresented the item or hid a defect they knew about.
I paid cash and have no receipt — can I still bring a claim?
You can still bring a claim, but you'll usually need to piece together whatever evidence exists — bank withdrawals, messages agreeing the price, photos from the day, or a witness who was there. It's less straightforward without a receipt, but not impossible.
I sold the faulty item on almost immediately — does that weaken my claim?
Not automatically. Courts often still look at the loss you suffered at the time you bought it — for example, what you paid versus what it was actually worth, or repair costs already incurred before you sold it on.
How much did it cost me to bring a small claim like this?
Small claims court fees are generally set by the value of your claim and are usually a small percentage of the amount you're claiming, plus any costs for preparing the paperwork. It's worth checking the current fee bands before deciding whether the claim is worth pursuing.
Let's see what you've got
Send us what you have — messages, photos, receipts, whatever exists — and we'll help you work out whether a small claim makes sense before you spend a penny on court fees.
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