Missing paperwork hands used EV buyers a massive win in battery range disputes
Mon, 18 May 2026
If your used electric car’s real-world range isn't meeting expectations, you might have the legal right to hand the keys back to the dealer and demand a full refund.
With increasing numbers of EVs hitting the road, it's no surprise that complaints are on the rise as owners fight back when their car disappoints.
By analysing 375,328 decisions published by the Financial Ombudsman Service (FOS), MotorCheck uncovered 438 specific disputes regarding EV batteries. The findings reveal a glaring vulnerability for used car dealers – and a massive win for consumers.
Battery degradation can make for a successful claim
The secret weapon for unhappy buyers lies within the Financial Conduct Authority’s (FCA) Consumer Duty regulations, which raised the threshold for what constitutes foreseeable consumer harm.
Under these rules, used car dealers are legally required to inform a buyer about a vehicle's potential battery degradation before the point of sale.
The Ombudsman’s rulings show that the outcome of these disputes is entirely black and white.
When a dealer had written documentation proving they disclosed the battery’s health check to the consumer, the dealer won every single case.
When a dealer lacked paperwork proving they checked and disclosed the battery's condition, the consumer won every single time.
This is a massive development for used EV drivers. If you were not given accurate, written information about the state of your car's battery health, you may be legally entitled to reject the vehicle.
It will be concerning for dealers. The average value of complaints upheld by the FOS is over £23,000, and the largest single case lead to a £147,000 pay out.
Although there's currently no industry standard for battery health checks, a £35 test is enough to ensure that the consumer knows the state of their battery, and the dealer is covered from a claim.
How do I reject my EV?
If there's something wrong with a new or used car you have bought, the Consumer Rights Act 2015 might give you the legal right to have your car fixed or get you your money back.
Your rights change based on how long you've had the car. If it's less than 30 days, you can reject it, providing the car is deemed not to be of satisfactory quality, fit for purpose or as described.
You'll need to prove that faults were present - or developing - when you bought it, or it was received in a condition that didn't match what you were told. It's up to the dealer and/or the finance company, not the manufacturer, to sort it.
Between 30 days and six months, you’re entitled to a repair, replacement or refund. The seller gets one chance to fix the car, otherwise you're entitled to a refund. However, the seller can make a reasonable adjustment to the refund based on the use that you’ve had of the vehicle.
Once six months is up, it's up to you to prove that the vehicle was faulty at the time of purchase if you want to pursue a claim for repair or replacement. Your legal rights run for six years, or five years if you live in Scotland.
Honest John's complete guide to your rights if something is wrong with your car is available here.
