Private vehicle purchase - MOT'd next day to find it's got MAJOR issues

[TeaAnyone]

Many thanks in advance for support, advice and your opinions here.

I'm considering taking a private car seller to a small claims court. I am a private purchaser. I'm aware of Caveat Emptor & that it's very difficult to make a case in a private car purchase.

The car advert is attached. The car had a valid MOT dated 22 September 2021.

We purchased the vehicle 2pm Wednesday 16th March, drove it 100 miles home and had it MOT'd morning of Thursday 17th March. It failed for:

Repair immediately (major defects):
Nearside Rear Brake pipe excessively corroded FRONT TO REAR (1.1.11 (c))
Offside Rear Brake pipe excessively corroded FRONT TO REAR (1.1.11 (c))
Oil leaking excessively from engine (8.4.1 (a) (i))
Engine MIL inoperative or indicates a malfunction (8.2.2.2 (g))

All of this I'd anticipate from a 10 year old car that has covered 83,000 miles. Except, the engine management light (EML) had been deliberately tampered with so that the light would not show. The underlying cause of the EML light, is a £2,000 - £3,000 repair to the Mechatronics within the Gearbox.

The car is now undrivable until it A)passes the MOT and B) Cannot be driven until the Gearbox has been repaired (it will, sooner or later, just cut out and stop altogether).

Given that:
1) The car was described as in excellent condition inside and out
2) I MOT'd the car the day after purchase
3) The mechanic, a professional, has told us that the light has been deliberately tampered with to hide the fault.

Do I have a case in a small claims court?

I realise there is plenty of context you guys may need so happy to answer any questions needed.

EDIT: I have tried adding a URL link or direct upload to the advert text but I am not allowed.

[TeaAnyone]

See advert for context, below.

[Shipshape]

Hello

Speaking from a pretty similar experience quite some years ago...

Took a private seller to court as I bought a bucket not as described, had it MOT'd like you the next day and failed on many serious issues.

The judge was having none of it, buyer beware with a private sale. We were in and out of the room in just a couple of minutes.

Certainly gave me a life lesson, I'd never buy a 2nd hand car now without having it checked over by somebody who knows their onions.

Good luck, however, as I have heard of some people who do succeed with an action for a private sale.

[DE DOGS]

Sorry but the problem is the time difference. The car had a valid MOT dated 22 September 2021.

We purchased the vehicle at 2 pm Wednesday 16th March, drove it 100 miles home and had it MOT'd the morning of Thursday 17th March. It failed: This will make no difference the MOT is only valid for the day of the test, not what you want to hear but fact, so why to have a vehicle MOTd, simple, vehicles were on the road basically as a death trap, if your vehicle passed/failed on that day, so be it.

[TeaAnyone]

So you guys don't think it's worth pursuing?

[Celestine]

We had a case on here recently where the lady was the seller and had sold the car 'in good faith' only to be sued later. She lost.
If you sue for 3k the fees will be £115, plus later fees for the hearing itself if it goes that far.
You would be in small claims track, so no risk of further costs if you lose, unless you behave unreasonable. (virtually impossible)
90% of all court claims go to default judgment and are not defended, sometimes the pre-action letter is enough to focus minds. The other point to clarify is whether the seller actually has any money to pay the debt with.

[TeaAnyone]

Many thanks for the input and advice so far.

Could you recommend a decent template or rule of thumb for a pre-action letter please? Citizens Advice have provided one, but it's very basic indeed.

[Celestine]

The government advice is probably the best place to start with pre action protocols.
https://www.justice.gov.uk/courts/pr...action_conduct
We can review any letter you draft if you share it here.