Privately sold car is not fit for purpose

[Londoncity]

Hello all*
i have recently travelled from London to Scotland to buy a car privately.
The car was on advertised on eBay stating “no engine check lights, no oil leaks and no issues whatsoever and an engine rebuild So I began a conversation with the seller who then informs me that he owns and runs a performance garage and has rebuilt the engine, therefore keeping costs down*
After*a short Test drive I decided to buy*with no engine check lights no oil leaks and no issues whatsoever with a rebuilt engine.
i begin a discussion with the Seller who then tells me that he runs a specialist garage and has rebuilt the engine in his spare time to keep costs down therefore marking the for sale price quite low.
im not very practical mechanically And end up buying the car after a short test drive. On the way home after 60 miles I get an engine check light. I call the seller he asks me to come back to the garage. I travel back and He clears the code but can’t fix it as he can’t understand why the code came up. He then blamed the use of Tesco 99 ton fuel.
I drive away again, 250 miles into the long drive home I get another engine check light. by this time it’s 10:30 pm and too late to call him.
i manage to get home And the morning after, I inspect the vehicle a little more.*
There’s no oil showing on the dipstick. I called the seller immediately and asked for a refund as I’ve had two engine check light problems and now no Oil. I go to the shop and buy 4 litres of oil. The car takes all four litres. I phone again and tell him this and say I want a refund. He offered to fix the car but at my cost to deliver back to Scotland .*
at this point I’ve lost all trust wit the seller and book it in to a garage .
it turns out the car is in its way out. The engine is tired and burning oil in all four cylinders. Has two other oil leaks and is very rusty underneath. He described the rust as surface rust and nothing to worry about but it’s very heavy rust all over.*
i have sent *him a letter Asking for a refund today but I really need to know if I have *a Case against this guy? I contacted citizens advice and started a case the next day and they have advised he has breached the sales of goods act 1979 but now I’m reading that’s might not be correct and I’m very confused
I have spent £5400 on the car and it’s all my money. I’m stressed angry and upset. He has used his position as a mechanic to dupe me into buying a complete lemon of a car.
i have. A report from the garage and have sent that to him too but need some clarification on what to do next**
*

[des8]

Number of points raised here:
1) the seller is in the motor trade but makes a private sale?
Probably a tactic to avoid his responsibilities under the Consumer Rights Act 2015
Was the vehicle previously registered in his name?
Have you tried tracing his works address?

2)There is also the possibility of an action under the Misrepresentation Act 1967, so keep a copy of that eBay listing and a note of your conversations prior to purchase

See if you receive a response to that letter (probably not), but in meantime make a note of all that has happened, what was said and when and what steps you have taken and costings.

[Londoncity]

Thanks DES8*

yes I have quite a detailed list of what he has said and done either verbally or via online message s and text*
he has also said he’s driven the car for 500 miles to run the engine in , but according to the mileage that would be without MOT and tax*

it’s going to be intresting...

[Londoncity]

Hi there, I was searching for some examples of private car sales gone bad and I noticed a post about weather or not the private seller was selling other cars.
I have bought a car for £5400 which is not as described and the engine is about to fail. I’ve taken it to a garage to get assessed and have a full, shocking report
my issue is that he’s a mechanic and has owned a specialist Subaru garage for 20 years/ this has recently gone into liquidation and he’s now changed the name of the garage, so he would have know what was wrong with the car. He also used his connection with his garage to encourage the sale and gain trust. Baring in mind I’m in London and he’s in Scotland, I travelled 450 miles after putting a deposit down to pick up the car
initially I was going to take him to small claims court as the car was not as described and had many faults, all of which he specifically stated in the advert that the car didn’t have . It had an engine check light within 60 miles of my journey home, two oil leaks and the engine is burning oil at an alarming *rate/ also only light surface rust Mentioned although my report states although not yet structural it’s excessive .i have also found out he has sold 8 cars in 6 months
he seems to be acting to be a private seller, i have screenshots of his sales taken from shared Facebook posts in which his name and garage is mentioned and his house is visible in the pictures
also when I went to sign v5 his name was not on it and when questioned he said he’s acting as agent ....
I’ve sent hem a letter before action. Di you Think I can prosecute him a Trader ?
many thanks

[des8]

Why would you want to initiate a private prosecution? That is a criminal action in the magistrates court.

You need to initiate a county court claim.
You are a consumer, he is a trader.
You have enough evidence to show he was a trader trying to hide his true status so he could avoid his responsibilities.

Contact previous owner to find out the history of car.

[Londoncity]

Sorry maybe i havent explained myself properly. I’m making a small claim against him now as a trader. I’m going through citizens advice and small claims court*

[des8]

good luck, and if you want feel free to post up your particulars of* claim for the once over before serving