Best Auto Dealer Fraud Lawyers in Aberdeen

About Auto Dealer Fraud Law in Aberdeen, United Kingdom

Auto dealer fraud refers to dishonest or unfair practices by motor dealers that mislead or harm buyers. In Aberdeen and across Scotland, this often involves misdescribed vehicles, hidden accident damage, clocked mileage, undisclosed write-off categories, unfair charges, false promises about warranties, or selling unroadworthy cars. The law gives consumers strong civil rights against traders and also allows criminal enforcement where conduct is misleading or aggressive. If you bought from a business dealer in or around Aberdeen, you benefit from UK-wide consumer protections that apply in Scotland, alongside Scottish civil court procedures for enforcing your rights.

Fraud can be deliberate or arise from misleading actions or omissions. You may have the right to reject the car, obtain a repair or replacement, claim a price reduction or refund, recover consequential losses, and complain to Trading Standards. If finance or a credit card was used, you may also have claims against the lender. Serious cases can be pursued as criminal matters by Trading Standards or Police Scotland.

Why You May Need a Lawyer

You may need a lawyer when a dealer refuses to recognise your rights, when the facts are disputed, or when the loss is significant. An experienced Scottish solicitor can assess your options and protect your position under the Consumer Rights Act 2015 and other laws.

Common situations include the following. The dealer denies faults or blames wear and tear. You tried to reject the car but the dealer refuses a refund. The vehicle has undeclared write-off history, mileage discrepancies, or outstanding finance. The car is unsafe or unroadworthy. You bought on hire purchase or PCP and need to involve the finance company. There is a distance sale cancellation dispute. You need an expert report or to raise a claim in the Sheriff Court using the Simple Procedure. You face tight time limits under Scottish prescription rules.

A lawyer can draft effective letters before action, organise independent inspections, quantify losses, guide you through negotiation and alternative dispute resolution, and if required raise court proceedings in Aberdeen Sheriff Court. In finance or card cases, a lawyer can frame a Section 75 claim or complaint to the Financial Ombudsman Service.

Local Laws Overview

Consumer Rights Act 2015. Applies to business-to-consumer vehicle sales UK-wide, including Scotland. Vehicles must be of satisfactory quality, fit for purpose, and as described. Key remedies include a short-term right to reject within 30 days with a full refund, the right to repair or replacement, and a final right to a price reduction or rejection if repair fails or is not provided within a reasonable time. For the first six months, any fault is presumed to have been present at delivery unless the dealer proves otherwise. For motor vehicles, a reasonable deduction for use can be applied only when exercising the final right to reject, not the 30 day right.

Consumer Protection from Unfair Trading Regulations 2008. Prohibit misleading actions, misleading omissions, and aggressive practices by traders. Odometer tampering, false claims about condition or history, or hiding key information can be criminal offences. Trading Standards can investigate and prosecute.

Road Traffic Act 1988. It is an offence to sell an unroadworthy vehicle for use on a road. A valid MOT does not guarantee roadworthiness at the time of sale.

Consumer Contracts Regulations 2013. If you bought at a distance or off-premises, you usually have a 14 day cooling-off right to cancel, subject to exceptions and deductions for use. On-premises forecourt purchases usually do not have a statutory cooling-off right.

Consumer Credit Act 1974. Section 75 can make a credit card issuer or finance provider jointly liable for misrepresentation or breach of contract for purchases between £100 and £30,000. Hire purchase and PCP agreements include specific rights such as voluntary termination after paying 50 percent of the total amount payable, and you can complain to the lender about dealer misrepresentations.

Alternative Dispute Resolution for Consumer Disputes Regulations 2015. Dealers must signpost an approved ADR provider even if they do not agree to use ADR. Many motor dealers subscribe to the Motor Ombudsman scheme.

Scottish criminal and civil framework. In Scotland, criminal fraud can be prosecuted at common law. Civil claims are brought in the Sheriff Court. The Simple Procedure is used for claims up to £5,000 and is designed to be accessible. Time limits are governed by the Prescription and Limitation rules. Most contractual and delict claims prescribe after five years from when you became, or could reasonably have become, aware of loss and the party responsible, subject to statutory rules and exceptions.

Title and outstanding finance. If a dealer sells a car with outstanding finance or without good title, this can be a breach of contract and a misleading practice. Finance companies may assert ownership in some cases. Legal advice is recommended urgently if this arises.

Frequently Asked Questions

What counts as auto dealer fraud in Aberdeen

Fraud covers misleading actions or omissions by a trader that induce you to buy or pay more. Examples include clocked mileage, hiding accident or write-off history, describing a car as one owner when it had several, stating full service history when it does not exist, selling an unroadworthy vehicle as roadworthy, and pressuring you into add-ons you did not agree to. It can be civilly actionable and may be criminal.

What are my immediate rights if the car is faulty

If you bought from a dealer, you can use the Consumer Rights Act 2015. Within 30 days you can reject the car for a full refund if it is not of satisfactory quality, not fit for purpose, or not as described. After 30 days and within the first six months, you can require a repair or replacement, and if that fails or is not timely you can seek a price reduction or final rejection with a refund subject to reasonable deduction for use. Keep evidence and stop using the car if you intend to reject it.

Do I have a 14 day cooling off period on a forecourt purchase

Usually no. The 14 day cooling-off right applies to distance or off-premises sales. Purchases made on the dealer premises in person generally do not have a statutory cooling-off right, although your Consumer Rights Act remedies still apply if the car is faulty or misdescribed.

How long do I have to bring a claim in Scotland

Most consumer contract and misrepresentation claims in Scotland prescribe after five years from when you became, or could reasonably have become, aware of the loss and who was responsible. There are exceptions and technical rules, so take advice as soon as possible.

Can I reject a used car and get a refund

Yes if your claim is valid under the Consumer Rights Act. Within 30 days you can exercise the short-term right to reject with a full refund. After a failed repair or if a repair is not provided within a reasonable time, you can exercise the final right to reject with a refund subject to a reasonable deduction for use on motor vehicles.

What if I paid by finance or credit card

If you used a credit card or certain finance, Section 75 of the Consumer Credit Act may make the lender jointly liable with the dealer for misrepresentation or breach. For hire purchase or PCP, the finance company is often the legal owner and must address quality issues. You can also complain to the Financial Ombudsman Service if the lender does not resolve matters.

The mileage looks wrong. What should I do

Gather evidence such as MOT history, service records, and a vehicle history report. Odometer tampering and misleading mileage statements can breach the Consumer Protection from Unfair Trading Regulations. You can pursue civil remedies and report the dealer to Trading Standards. Do not delay, as early evidence is key.

The dealer says sold as seen. Does that remove my rights

No. A trader cannot exclude or limit your statutory rights when selling to a consumer. Phrases like sold as seen or trade sale only do not remove your Consumer Rights Act protections. The car still must be of satisfactory quality, fit for purpose, and as described.

What if the seller was a private individual

The Consumer Rights Act applies only to traders. With a private seller, you still have rights if there was misrepresentation or fraud, but standards are different. A private seller must describe the car accurately and must not mislead you. Claims against private sellers can be harder and depend on the facts.

How do I sue a dealer in Aberdeen

For claims up to £5,000 you can use the Simple Procedure in the Sheriff Court serving Aberdeen. Prepare a clear claim with evidence such as the contract, messages, inspection reports, and repair quotes. For higher value claims, Ordinary Cause procedure applies. Consider legal advice before raising an action and explore negotiation or ADR first.

Additional Resources

Aberdeen City Council Trading Standards.

Aberdeenshire Council Trading Standards.

Citizens Advice Consumer Service for Scotland.

Police Scotland for suspected criminal fraud.

Driver and Vehicle Standards Agency for MOT concerns.

The Motor Ombudsman for participating dealers and ADR.

Financial Ombudsman Service for finance and Section 75 disputes.

Scottish Courts and Tribunals Service for Simple Procedure guidance.

Financial Conduct Authority for regulated finance firms.

Next Steps

Stop using the vehicle if you intend to reject it and ensure it is not driven if unsafe. Safety comes first.

Collect evidence. Keep the receipt, order form, finance agreement, adverts, MOT history, service records, vehicle history reports, messages, and photos. Consider an independent inspection report from a qualified mechanic.

Write to the dealer promptly. State the problems, the legal basis for your claim, and the remedy you want. Refer to the Consumer Rights Act and set a reasonable deadline for response. Keep everything in writing.

Use statutory protections on payments. If you paid by credit card or finance, notify the card issuer or finance company and consider a Section 75 claim. Ask your bank about chargeback for debit card payments.

Escalate complaints. If the dealer is signed up to an ADR scheme such as the Motor Ombudsman, you can submit a complaint after giving the dealer a chance to resolve it. You can also report the matter to Trading Standards via the Citizens Advice Consumer Service.

Seek legal advice. A Scottish solicitor with consumer and motor trade experience can advise on strategy, evidence, and negotiation, and can act for you in Aberdeen Sheriff Court if needed.

Consider court action. For up to £5,000 use the Simple Procedure. For higher values, seek advice on the appropriate procedure. Do not delay due to the five year prescription period and shorter practical deadlines under the Consumer Rights Act.

Preserve the vehicle. Do not authorize destructive repairs before documenting faults. Give the dealer a fair chance to inspect or repair unless you are within the 30 day rejection window and choose to reject.

Keep records of costs. You may be able to claim reasonably foreseeable losses such as inspection costs, towing, and certain repair expenses.

Stay professional. Clear, factual communication and well organized evidence increase the chances of a quick resolution.

This guide is general information about Scottish law and practice. It is not legal advice. For tailored guidance on your situation in Aberdeen, consult a qualified Scottish solicitor.