Sued Over a Car Sale in the County Court — Private Seller Defence

You sold your car privately and weeks later a county court claim form arrives. The buyer says the car was faulty and wants their money back. For a paper or MCOL claim, the response deadline is usually 14 days from deemed service (or 28 days if you file an Acknowledgment of Service); an OCMC claim ordinarily requires a response by 4pm on the 28th day after issue. If you miss the applicable deadline, the claimant may request default judgment without a hearing.

Private seller vs trader — the legal position

The buyer's rights depend on whether you sold as a private individual or as a trader. This distinction determines everything about how to defend the claim.

Private sales are governed in part by the Sale of Goods Act 1979. You must have the right to sell the car, and it must match any description you gave. The statutory terms requiring satisfactory quality and fitness for purpose apply when goods are sold in the course of business, not to a genuine private sale. Misrepresentation rules still apply. The phrase "sold as seen" does not remove the requirements about title and description or protect a seller who misrepresented the car.

Trader sales fall under the Consumer Rights Act 2015. The car must be of satisfactory quality, fit for purpose and as described. If you regularly buy and sell cars for profit, the court may treat you as a trader regardless of what you wrote in the advert.

The Particulars of Claim on the court papers should indicate which basis the buyer is relying on. If they cite the Consumer Rights Act or "satisfactory quality," check whether you were genuinely selling privately. If you were, that is your first line of defence.

How to respond in time

Check the claim number on the papers:

• Claim number containing "MC" → Online Civil Money Claims (OCMC). Respond online via the dashboard.
• Eight-character alphanumeric → Money Claim Online (MCOL). Respond online or by post.
• Paper pack from Northampton → Civil National Business Centre. Respond by post using the N9 forms.

For a paper or MCOL claim, file an Acknowledgment of Service (Form N9) within 14 days of deemed service to extend the defence deadline to 28 days from deemed service. OCMC uses a different response process and has no 14-day Acknowledgment of Service extension. Use the time available to gather evidence.

Building your defence

On Form N9B, address every allegation in the Particulars of Claim. For a private car sale, common defence points include:

• No misrepresentation: you described the car honestly in the advert and at the viewing. Print the original listing if you still have it.
• Inspection opportunity: the buyer viewed the car, test-drove it, and had the chance to commission an independent inspection before buying. A pre-purchase inspection is standard practice and widely recommended — the buyer chose not to.
• Wear and tear: the fault complained of is consistent with the car's age and mileage. A ten-year-old car with 90,000 miles is not expected to perform like new.
• Post-sale damage: the fault did not exist at the point of sale. Mechanical issues can develop after the sale; under section 20 of the Sale of Goods Act 1979, risk prima facie passes with ownership, which is not necessarily the same time as collection.

If the buyer claims you said the car "ran perfectly" or "had no issues," and you did say something like that, you need to address it directly. A verbal statement made during the sale can amount to a misrepresentation if the buyer relied on it. Deny it if it did not happen, or explain the context if it did.

Counterclaiming

If the buyer still has the car and is refusing to return it while also demanding a refund, you may have grounds for a counterclaim. Under CPR Part 20, a counterclaim filed alongside your defence does not require court permission and is included on the same Form N9B. You will pay a court fee based on the value of your counterclaim (Help with Fees / Form EX160 may apply).

Evidence that wins these disputes

Small claims hearings turn on evidence, not arguments. Prepare:

• The original advert (screenshot or printed copy)
• Text messages, WhatsApp messages or emails between you and the buyer before and after the sale
• Photographs of the car's condition at the point of sale
• The MOT history (freely available on GOV.UK) showing the car's condition at the last test
• Service records if you have them
• A receipt or bill of sale showing the agreed price and any noted defects

Claims valued at £10,000 or less usually qualify for the small claims track, but the court decides allocation. If your claim is referred under Practice Direction 51ZE, attend the HMCTS telephone mediation before the hearing; the session can last up to one hour. The mediator will try to help you reach a settlement — which might be a partial refund, a contribution toward repair costs, or the buyer returning the car in exchange for some of the purchase price.

The county court money claim response guide covers the full defence process — from calculating your exact deadline to drafting Form N9B and preparing for mediation — with worksheets tailored to disputed-goods claims.

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