It's a nightmare scenario: you've bought a faulty car, you're ready to reject it, and then you discover the dealer has gone into administration or simply disappeared. Are you stuck?
Not necessarily. Here are your options.
Option 1: Claim Against Your Finance Company
This is usually your best route and the one most likely to succeed. If you paid any part of the purchase using a credit agreement – HP, PCP, or credit card – Section 75 of the Consumer Credit Act makes the finance company jointly liable for the dealer's obligations. The dealer's insolvency doesn't affect this liability at all. You can pursue the finance company directly, and they have the same obligations the dealer would have had.
Write to the finance company explaining the fault, reference both Section 75 and the Consumer Rights Act 2015, state that the dealer is no longer trading, and request a refund or resolution. They cannot refuse simply because the dealer has gone – they are independently liable and must investigate your complaint, offer a remedy, and handle the situation as if they were the dealer.
If the finance company refuses or offers an inadequate remedy, complain to the Financial Ombudsman Service. Finance companies take FOS complaints seriously because adverse decisions are published and often settle to avoid them.
Option 2: Credit Card Chargeback
If you paid any amount by debit or credit card, you may be able to request a chargeback – a process where your card provider reverses the transaction because the goods weren't delivered as promised.
Chargeback has limitations: it usually must be claimed within 120 days of the transaction, it's not a legal right (unlike Section 75) so the bank has discretion, and it may only cover the card payment portion rather than the full purchase price. That said, it's worth trying even if time has passed, as banks sometimes make exceptions for clear-cut cases. Contact your bank's dispute department, explain the situation, provide evidence of the fault, and show that the dealer is no longer trading.
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Option 3: The Insolvency Process
If the dealer has formally gone into administration or liquidation, there's a legal process for creditors. Find out who the administrator or liquidator is (this information is usually published on Companies House), register your claim with them, and provide evidence of your loss including your invoice, evidence of the fault, correspondence with the dealer, and details of the financial impact.
A reality check, though: unsecured creditors – which includes customers – are paid last in the insolvency hierarchy, after secured creditors and preferential debts. You'll often receive pennies in the pound, or nothing at all. Register your claim so you're in the queue, but don't rely on this as your primary route to recovery.
Option 4: Outstanding Finance on the Car
If there's outstanding finance on the car you bought – meaning the dealer sold you a car they didn't fully own – you have specific protections. Under hire purchase law, if someone sells goods subject to a hire purchase or conditional sale agreement, and you buy in good faith as a private purchaser, you receive good title to the vehicle. The finance company must pursue the dealer (or their estate in insolvency), not you.
Contact the finance company that holds the outstanding balance, explain that you purchased in good faith from a dealer, and make clear they cannot repossess the car from you. This is separate from any rejection claim about faults – it's specifically about protecting your ownership of the vehicle.
Option 5: Trading Standards
Report the dealer to Trading Standards, even if they've closed. It might feel pointless when the business no longer exists, but your report creates an official record, may trigger investigation into the directors personally, could support any future claims by you or other affected customers, and helps prevent the same people from doing this again under a new company name.
If directors have been trading irresponsibly – selling faulty cars while knowing the company was heading for insolvency, for example – they can be personally disqualified from running companies. Your report contributes to this process.
Option 6: Manufacturer Warranty
If the car is still under manufacturer warranty, the dealer's insolvency has no impact on it. The warranty travels with the car, not the selling dealer – contact the manufacturer directly or visit any franchised dealer for that brand. Manufacturer warranties typically cover major mechanical failures, factory defects, and recalls, though they don't cover everything and aren't a substitute for your consumer rights. They can, however, get specific covered faults repaired at no cost while you pursue other routes for the broader issue.
What If the Dealer Just Disappeared?
Some "dealers" aren't formal businesses at all – they simply close up shop and reopen under a new name, or were never properly registered in the first place. Check Companies House for director details, search for linked trading names and associated businesses, and look for the same individuals operating elsewhere.
In some cases, individuals can be held personally liable – particularly if they were trading fraudulently, the company was a sham, or they made personal misrepresentations to you. This area is complex and may need legal advice, but it's worth investigating. Report the situation to Action Fraud if you suspect criminality, to Trading Standards for consumer protection breaches, and to the DVLA if there are any registration issues with the vehicle.
Protecting Yourself in Future
If this experience has taught you anything, it's the value of due diligence before buying. Check that the dealer exists on Companies House and has a physical business address (not just a mobile number and a car park). Read reviews, check how long they've been trading, and be cautious of deals that seem too good – they usually are.
On payment, always pay at least part of the purchase on a credit card to secure Section 75 protection. Avoid cash-only dealers entirely. Keep all finance documentation, get everything in writing, and document the car's condition at purchase with photos and video. This paperwork is exactly what makes recovery possible when things go wrong.
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Priority Order for Claims
If the dealer has gone bust, work through these options in order: your finance company under Section 75 is the most likely to succeed, followed by a credit card chargeback if you're within the time window, then any applicable manufacturer warranty for covered defects, the insolvency process (register but don't rely on it), and finally, reporting to the relevant authorities for the record and to help protect other consumers.
The Bottom Line
A dealer going bust doesn't mean you've lost your money. If you bought on finance, you almost certainly have a route to recovery through Section 75.
The finance company cannot hide behind the dealer's insolvency – they're independently liable. This is exactly the situation Section 75 was designed for.
Don't give up. Start with your finance provider and work through the options.
Dealer disappeared after selling you a faulty car? Check if we can help – we specialise in recovering money in difficult situations.
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