Consumer rights for faulty car after 30 days

This is a common and important question. Your rights depend on how long you have had the car, where you bought it from, and the nature of the fault. Here is the position in England and Wales.

The key legislation:

The Consumer Rights Act 2015 governs the sale of goods by a trader to a consumer. If you bought the car from a dealer or any other business seller, these rights apply. If you bought privately, the position is different and more limited (the Sale of Goods Act 1979 applies, with far fewer protections).

I will assume you bought from a trader.

The first 30 days (the short-term right to reject):

Within the first 30 days of delivery, you have a straightforward right to reject the car and get a full refund if it is not of satisfactory quality, fit for purpose, or as described. This is the easiest period in which to act.

After 30 days but within 6 months:

Once the 30-day window has passed, you lose the automatic short-term right to reject. However, you still have strong rights. You must give the trader one opportunity to repair or replace the car. This is sometimes called the "right to repair or replacement." The trader gets to choose which remedy to offer, unless one is impossible or disproportionate.

If the repair or replacement fails, meaning the fault persists or recurs, or the trader does not carry it out within a reasonable time and without significant inconvenience to you, then you gain the right to reject the car for a refund, or to request a price reduction.

A crucial point in this period is the presumption about when the fault arose. During the first six months, any fault that becomes apparent is presumed to have been present at the time of delivery, unless the trader can prove otherwise. This is a significant advantage for you because the burden of proof sits with the trader.

After 6 months:

Your rights under the Consumer Rights Act 2015 still exist, but the burden of proof shifts to you. You would need to demonstrate that the fault was present or developing at the time of delivery. In practice, this often means obtaining an independent inspection or engineer's report to support your case.

You still have the right to request a repair or replacement, and if that fails, to seek a refund or price reduction. However, after the first six months, the trader may make a deduction from any refund to reflect the use you have had of the car. Only within the first six months is the refund required to be without deduction.

What counts as a fault:

The car must be of satisfactory quality, taking into account its age, mileage, price, description, and condition. It must be fit for purpose and as described. A fault is anything that means the car falls below the standard a reasonable person would expect given those factors. Wear and tear consistent with the car's age and mileage would generally not be treated as a fault.

Practical steps if your car develops a fault after 30 days:

1. Notify the trader in writing as soon as possible. Describe the fault clearly and state that you are exercising your rights under the Consumer Rights Act 2015.

2. Give the trader the opportunity to repair or replace. Be clear that you expect this to be done within a reasonable time and without significant inconvenience.

3. Keep records of everything, including communications, dates, invoices, photographs, and any diagnostic reports.

4. If the repair fails or the fault comes back, write again and state that the repair has been unsuccessful and you now wish to reject the car or receive a price reduction.

5. If the trader refuses to cooperate, consider escalating through the following routes in a sensible order: a formal written complaint to the trader's head office; contact with any finance company if you bought the car on finance (you may have a claim under section 75 of the Consumer Credit Act 1974 or section 56, depending on how you paid); a complaint to the Motor Ombudsman if the trader is a member; contact with your local Trading Standards through Citizens Advice; and, as a last resort, a court claim through the county court.

A note on finance:

If you bought the car using hire purchase or a personal contract purchase through a finance company, the finance company is treated as the supplier for the purposes of the Consumer Rights Act 2015. Your claim would be against the finance company, not just the dealer. If you used a credit card to pay part or all of the price and the car cost over one hundred pounds, you may also have a section 75 claim against the credit card provider.

Summary of your position:

After 30 days you cannot simply demand an immediate refund, but you do have the right to a repair or replacement. If that does not resolve the problem, you can escalate to rejection and a refund. The law is on your side, particularly in the first six months when the trader carries the burden of proving the fault was not present at delivery.

If you can tell me more about when you bought the car, how much you paid, the nature of the fault, and whether you used finance, I can give you more specific guidance.