Legalities - Faulty 2nd Hans Car

Ashley2020

Hi, I’m after some advice on if I am able to take legal proceedings regarding a faulty car I have recently purchased from a private seller?
I found a car via eBay and messaged the seller asking if the car was mechanically sound? The seller replied via text message saying “mechanically sound yes”
I then went and purchased the car with the seller chauffeuring me on a test drive prior. 

I paid via bank transfer and drove away. 

Whilst on my way home, straight away I noticed that the car seemed to jolt whilst engaging 1st gear at low speeds. This is the first AUTOMATIC car that I have owned and was unaware if it was just my driving? The gears also seemed to slip slightly when flooring it. 

Unaware if this was normal or not I popped in to my local main Ford dealership where I was told that it sounded fairly common. The main mechanic was away on leave and they were going to ring upon his return. With no phone call I decided to booked it in for an inspection, this happened to be 3 weeks after purchase date. My partner gave birth 2 weeks after sale date which meant I was unable to book it in prior. 

Ford told me that there was a fault detected on the auto gear box. 

I got in contact with the seller and asked for a refund as the car was faulty and in need of a new gearbox. 

He told me that the car was sold with good intentions and to the best of his knowledge the car was sound. 

I know you don’t have many rights when purchasing a car from a private seller but seeing as he told me the car was mechanically sound which isn’t the case, could anyone advise me if I have a strong enough legal case to take the seller to court?

TIA

Grumpy_chap

I very much doubt you can take the private seller to court.
Does a failing gear box even contravene the statement that the car is "mechanically sound"?  What does that mean?  It sounds like the engine is mechanically sound after all.
How old is the car and what is the mileage?  
Given that the Ford dealership first said it sounded "common" (does that mean "normal"?), the seller could say it is evidence that the fault developed after purchase.

Lomast

If he was a genuine private seller you have no chance.

macman

Context needed. Model, price paid, age, mileage, cost quoted for repair?

DiddyDavies

Grumpy_chap said:

I very much doubt you can take the private seller to court.

You can take just about anyone to court but whether or not there is a good chance of winning is a different matter.

The_Fat_Controller

Did you keep a copy of the advertisement and how exactly was the vehicle described ?
Why didn't you test drive it yourself ?
As you said the issue became apparent on the drive home, so it would have been present on any test drive.
(@Grumpy_chap , the OP noticed the "issue" as sson as they drove it)
Did the seller provide a receipt and was "sold as seen" written on that receipt ?

Ashley2020

The_Fat_Controller said:

Did you keep a copy of the advertisement and how exactly was the vehicle described ?
Why didn't you test drive it yourself ?
As you said the issue became apparent on the drive home, so it would have been present on any test drive.
(@Grumpy_chap , the OP noticed the "issue" as sson as they drove it)
Did the seller provide a receipt and was "sold as seen" written on that receipt ?

Can’t find original eBay post. 

The seller immediately said he would drive when I asked if I could take it for a test drive. At the time I just presumed this was because of Covid and he didn’t want me touching the steering wheel 🤷‍♂️

No receipt for sale and nothing stating sold as seen. 

Grumpy_chap

Sometimes you can get to the eBay and through your account list of purchases.

The_Fat_Controller

@Ashley2020, did you check anything ?
MOT history v current mileage, seller's ID/address against V5 document ?
Why on earth didn't you get a receipt for the sale ?
What model is it, how old and the mileage ?
Honestly, you haven't a chance of any redress against the seller as you effectively bought it "sold as seen" without any due diligence on your behalf.

Scrapit

Its pretty much always gonna be sold as seen written or not when purchasing second hand privately.

foxy-stoat

As the V5 isn't proof of ownership the only piece of paper you should have is a receipt for the cash you handed over.

Lesson learned, move on, dont waste time and money on legal proceedings, you will need as much as you can to repair the car.  Get a second opinion on the gearbox fault as the main dealer will just quote for a new box when it may only need a part inside.  Take it to an auto gearbox specialist.