The advert said one thing. The car is another.
A dealer who says 'no accident damage' about a car that's been welded back together has done more than sell a faulty car. It's misrepresentation, and it sits alongside your Consumer Rights Act rights. A letter before action sets out both and asks for the remedy by a date. Written free, today.
Bought privately instead? Different rules — see our private-seller page. Tell us which and we'll say what applies.
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 when a dealer misdescribes a used car
In England and Wales a car bought from a dealer must match its description and be of satisfactory quality under the Consumer Rights Act 2015, and a false statement that led you to buy gives a separate claim under the Misrepresentation Act 1967. GOV.UK's free MOT history often provides the proof.
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 ↗ActConsumer Rights Act 2015, s.9Goods from a business generally must be of satisfactory quality.
Where a consumer buys goods from a trader, section 9 usually implies a term that the goods are of satisfactory quality — taking account of price, description, durability, safety and appearance. A fault may support an argument that the goods were not satisfactory; 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.22Within 30 days you can usually reject faulty goods for a full refund.
Section 22 generally gives a consumer a short-term right to reject goods that do not conform, normally within 30 days of delivery, and to receive a refund. The trader may ask to repair, but in most cases the choice in that first window is the consumer's. The period can be paused while a repair is under way.
Read it on legislation.gov.uk ↗ActConsumer Rights Act 2015, s.24After one failed repair or replacement, you can usually reject or claim a price reduction.
Where a repair or replacement has been tried and the goods still do not conform, section 24 typically gives a final right to reject, or a price reduction, at the consumer's choice. A refund on a final rejection may be reduced for use the consumer has had, except in the first six months in most cases.
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 phrase does almost nothing in a dealer sale. The Consumer Rights Act can't be signed away on a forecourt, and a false statement is a false statement whatever the invoice says.
The Misrepresentation Act covers that too. A dealer is liable for a false statement unless they can show reasonable grounds for believing it — and a trader is expected to check.
The warranty sits on top of your rights, not instead of them. A claim for misrepresentation or non-conformity is against the dealer, whatever the warranty company says.
Use doesn't cure a lie. Rejection may carry a deduction for use after the first six months; the misrepresentation claim is measured by your loss.
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
The dealer says he didn't know the car had been written off.
A dealer is liable for a false statement of fact unless they can show they had reasonable grounds to believe it and did believe it. A trader is expected to check what they say about a car; an HPI check costs a few pounds.
Can I return the car and get my money back?
Often. Misrepresentation can allow the sale to be unwound; the Consumer Rights Act gives a short-term right to reject for faults in the first 30 days, and a final right after one failed repair. The letter states which applies and asks for it.
I paid on finance. Does that change anything?
It can help: where the car was bought on finance, the finance company may share responsibility for the dealer's breach. Tell us how you paid and we'll say who the letter goes to.
What proof do I need?
The advert, the messages, and the truth: MOT history from GOV.UK, an HPI report, an independent inspection. The gap between what was said and what is so is the claim.
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.
Sold a car that wasn't what they said?
Tell us what was said and what you found. The letter before action is written free and shown to you today; posting it and watching the deadline is £15.
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