Private car sale, Buyer rights, Ford with TCM fault.

majnov

George_Michael wrote: »

But those messages on their own don't help.
You need proof that the seller knew about the fault and lied when specifically asked about it.

]which.co.uk/consumer-rights/advice/the-second-hand-car-i-bought-has-a-problem-what-are-my-rights

"But contractual rules about misrepresentation do apply. So, legally, the seller must:

accurately describe the second-hand car. For example, an ad must not say 'one owner' when the car has had several
not misrepresent the second-hand car, ie tell you something about it which isn't true. For example, if it’s been in an accident, the owner mustn't tell you it hasn't.
If you're buying from a private seller, the onus is on you as the buyer to ask all the right questions before making the purchase. "

-Based on this: I do have some ground to fill the claim, as the seller described the car in a mint condition, drives good, etc.

waamo

majnov wrote: »

@caprikid1 I paid good money if the car would be as of the advertised condition. 3K - Focus 2012, 49K mileage.
The seller I believe is not the trader.

Just how much is "good money". People are asking because it may be important.

I don't think you have much hope however. The seller may have believed it was in mint condition. You have to demonstrate the seller knew it wasn't mint and knew it was faulty.

Can you do that?

stator

A CAT D car cannot be in MINT condition. It's impossible.

wgl2014

Whilst I think it's likely the seller knew of the fault it's going to be difficult to prove it.
Was it present on the test drive, I assume not, it therefore could have broken on your way home. There has to be a first time for the fault to show up.
All the seller would have to say is they were unaware of the fault and with no evidence to disprove this your case will fail.

Money_Grabber13579

majnov wrote: »

-Based on this: I do have some ground to fill the claim, as the seller described the car in a mint condition, drives good, etc.

Yes, but how do you prove that the seller knew it didn’t “drives good” at the time it was sold? If it’s an intermittent fault or one that only developed after purchase (as much of a coincidence that may seem), you can’t prove the seller knew about it and didn’t tell you when you specifically asked whether there were any faults. You need to prove both of these things to have a case.

majnov

waamo wrote: »

Just how much is "good money". People are asking because it may be important.

I don't think you have much hope however. The seller may have believed it was in mint condition. You have to demonstrate the seller knew it wasn't mint and knew it was faulty.

Can you do that?

As I mentioned, I paid £3K.At some point, it looks a great price but it might looks that something would be wrong with the car due to price. Engine is good, Gearbox is good only TCM is a problem.

It depends what was the damage to be a CAT D write off. It can be very slight body damage and the bill from authorised dealer can be £4-5K.

majnov

Money_Grabber13579 wrote: »

Yes, but how do you prove that the seller knew it didn’t “drives good” at the time it was sold? If it’s an intermittent fault or one that only developed after purchase (as much of a coincidence that may seem), you can’t prove the seller knew about it and didn’t tell you when you specifically asked whether there were any faults. You need to prove both of these things to have a case.

The seller was presnet at the test drive on a passener seat. The car started, everything was good in a short distance. After I drove 40 miles, it developed a fault and then the fault was present very often on short distances on the way to garages and ford service.

AndyMc.....

stator wrote: »

A CAT D car cannot be in MINT condition. It's impossible.

Why not? Stolen with keys and recovered without damage.

AndyMc.....

majnov wrote: »

The seller was presnet at the test drive on a passener seat. The car started, everything was good in a short distance. After I drove 40 miles, it developed a fault and then the fault was present very often on short distances on the way to garages and ford service.

So it drove ok when you bought it.

forgotmyname

majnov wrote: »

As I mentioned, I paid £3K.At some point, it looks a great price but it might looks that something would be wrong with the car due to price. Engine is good, Gearbox is good only TCM is a problem.

It depends what was the damage to be a CAT D write off. It can be very slight body damage and the bill from authorised dealer can be £4-5K.

You paid a good price for a Cat D car, after you have fixed your fault. Enjoy your car..