Taking private seller to small claims

nokia1100

You still haven't said the make, model, mileage and price paid.

Why didn't you test-drive it? And similar cars to get a feel of good ones?

I was given a 201k miler for free with a warning that it was probably the original clutch. 5k miles later I found it was. Not many tears shed, £550 all-in.

Next car was north of 150k, first year as a hire car, no claims of a clutch change. I got rid at 170k and clutch worked fine.

Stick to dealers next time! And leave "partner" at home.

Ectophile

https://forums.moneysavingexpert.com/discussion/comment/82000435#Comment_82000435

the OP hasn't given us their inside leg measurement or the name of their first pet either. And none of it is relevant.

The only expectations you have when buying a car privately are:

1. They have a right to sell you the car.
2. Anything that they say must be true. But unless it's in writing, that's difficult to prove.
3. The car is roadworthy unless they warn you that it isn't.

Most important is that you shouldn't make any assumptions about things that they haven't told you.

And since the gearbox and clutch aren't tested on the MOT, having a dodgy gear change doesn't make it unroadworthy.

Car_54

https://forums.moneysavingexpert.com/discussion/comment/82000889#Comment_82000889

Even if the seller warns you, it is a criminal offence to sell or supply - or even to offer or advertise - an unroadworthy car. Road Traffic Act 1988 s 75.

Ectophile

https://forums.moneysavingexpert.com/discussion/comment/82001098#Comment_82001098

You missed paragraph (6) which provides 2 exceptions. https://www.legislation.gov.uk/ukpga/1988/52/section/75

jimjames

https://forums.moneysavingexpert.com/discussion/comment/82001098#Comment_82001098

How do people sell cars for restoration? Clearly that happens so it's not actually an offence to do so.

Aretnap

https://forums.moneysavingexpert.com/discussion/comment/82002470#Comment_82002470

The Road Traffic Act allows an exception where the seller has reasonable grounds to believe that the car won't be used on a road in the UK before it has been restored to a safe condition. (Presumably because the buyer is aware of the cars condition and the seller has asked him what he plans to do with it.)

https://www.legislation.gov.uk/ukpga/1988/52/section/75

It also makes clear that the whole section does not affect the validity of any sage and doesn't confer any additional consumer rights, so it's not relevant to a thread about taking a seller (private or otherwise) to court over a duff car. It's a piece of road safety law, not consumer rights law.