Private sale. 'Sold as seen' isn't the whole story.
A private seller doesn't owe you the Consumer Rights Act — but they do owe you a car that matches its description, and they can't lie to sell it. "No known faults" about a car with a known fault is a claim. A letter before action sets it out. Written free, today.
Was the seller actually a trader — several cars, a yard, a business card? Then the Consumer Rights Act applies in full. Tell us what you saw.
Alongside the money itself, courts may award simple interest on money you have been kept out of — commonly 8% a year under the County Courts Act 1984 — and the court fee is typically added to a successful claim. Interest is discretionary. The letter sets this out so the other side can see what ignoring it costs.
How people describe it when they reach us
The sorts of things people tell us. Illustrative, based on patterns in the cases that reach us.
Your legal rights after a faulty private car sale
In England and Wales a private sale is not covered by the Consumer Rights Act, but the car must still match its description under the Sale of Goods Act 1979, and a false statement that led you to buy gives a claim under the Misrepresentation Act 1967. Whether the seller was really a trader changes everything.
ActSale of Goods Act 1979, s.13Even a private sale usually has to match the description.
Where goods are sold by description, section 13 typically implies a term that the goods will correspond with that description. It generally applies to private sellers as well as traders, which is why an advert that calls a car "no known faults" or hides damage may support a claim even where the Consumer Rights Act does not apply.
Read it on legislation.gov.uk ↗ActMisrepresentation Act 1967, s.2A false statement that led you to buy may give a right to damages.
If a seller made a statement of fact that was untrue — about condition, history or what was included — and you relied on it in deciding to buy, section 2 may allow a claim for the loss it caused, unless the seller can show they had reasonable grounds to believe it was true. This typically applies to private sellers too.
Read it on legislation.gov.uk ↗Case lawContract law — breach of contractFailing to do what was paid for may amount to breach of contract.
A job, a purchase or a loan is typically analysed as a contract. If one side does not perform a central promise — work not done, money not repaid, goods not handed over — a court may find a breach and will then consider what loss flowed from it. The measure is normally the money you are out of pocket, proved with evidence.
This is general information about the law in England and Wales, not advice about your case. Which provisions apply, and how, depends on the facts.
Four things you'll hear. None of them end it.
That covers quality, not lies. A private seller doesn't guarantee the car, but a false statement about it — or a description it doesn't match — is still actionable.
Inspection doesn't excuse a false statement you relied on. If they said the clutch was new and it wasn't, what you could have found doesn't undo what they said.
The Sale of Goods Act and the Misrepresentation Act both apply to private sales. And a 'private' seller shifting several cars a month may be a trader in law.
A letter goes to an address, not a profile. The V5C, the bank transfer name, the meeting place — tell us what you have.
Five things worth gathering now
The letter first. Court only if they ignore it.
Your side, your words
What happened, what was agreed, what you are out of pocket. We ask what a court would ask, so the letter says what a court would need to hear.
Written for you, free
A formal letter before action with a 14-day deadline, setting out what is owed and why. You see it at no charge. Posting it by tracked mail and watching the deadline is £15.
Court claim, prepared
If the deadline passes: one tap turns the letter into a small claim, drafted, checked and filed. The £15 comes off our fee. 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
Do I have any rights buying a car privately?
Fewer than from a dealer, but real ones. The car must match its description, and the seller must not have misled you about it. What you don't get is a guarantee of quality — a fault nobody knew about and nothing was said about is usually your risk.
The advert said 'no known faults' and it broke down in a week.
Then the question is whether the seller knew. Service records, a fresh MOT advisory, a bodged repair — evidence that the fault was known makes it a misrepresentation claim. The letter sets that out.
How do I know if the seller was really a trader?
Several cars for sale at once, a yard or forecourt, trade plates, the same number on other adverts. If they sell in the course of a business, the Consumer Rights Act applies whatever they call themselves.
I only have their Marketplace profile and a first name.
The V5C you were given names the previous keeper; the bank transfer names the account; the meeting address may be their home. Tell us what you have and we'll say if it's enough.
How much does it cost if it goes further?
If the letter is ignored, a court claim has a court fee set by the amount: £35 up to £300, £50 up to £500, £70 up to £1,000, £115 up to £3,000. If you win, the fee is normally added to what the other side is ordered to pay. Our fixed price is shown before you pay anything.
Is the letter really free?
Yes. Tell us what happened and the letter before action is written and shown to you at no charge. If you want us to post it by tracked mail and watch the 14-day deadline, that is £15, shown before you pay — and it comes off our fee if it later becomes a court claim.
Private sale gone wrong?
Tell us what was said and what happened. The letter before action is written free and shown to you today; posting it and watching the deadline is £15.
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