Faulty Used Car

[jkp0311]

Hi. Bit of a long post but I'm hoping to get some advice. Last week I bought a used car from a private seller and the car is faulty. From the start the engine management light came on and went into limp mode. I've taken it to a garage and they've found it's had the engine replaced. But it's not the right engine so it's throwing faults out. Also the engine number doesn't match the one on the log book and it's been re-mapped. Obviously the mileage isn't going to be correct either.
So, I was wondering if anyone can give me some idea of what my rights are. I wasn't made aware of any modifications to the car and it certainly didn't say in the advert and also the mileage isn't true. Have I been mis-sold it? Would I be entitled to my money back? Is it worth taking legal action against them? I've tried to get in touch with them but I'm being ignored.
Thanks all!

[des8]

It's not what wasn't in the advert that matters, but what was in the advert.
Do you still have a copy of it?

[jkp0311]

Sorry for the late reply. Yes I’ve got screenshots of the advert saying it runs and drives well, the mileage etc.
I’m now taking the seller to small claims court but there has been a delay (stuck in the system since January apparently). I have a preliminary hearing in December.
I understand that the Sale of Goods Act doesn’t apply but it’s also my understanding that even when selling a car privately it has to match the description in the advert and be roadworthy. Obviously the mileage doesn’t match the description and the mechanic told me that the faults would have occurred as soon as the engine was replaced and the ECU was adapted (badly by all accounts). The garage report states “the car is unfit to drive”
Also the advert states it had a new turbo fitted when in fact it was a reconditioned one fitted by the seller, he told me that himself when I was looking over the car.

I’m hoping someone can put my mind at ease because I’m now doubting I have a case even though I’ve found out this information.

[des8]

The statute which gives you protection and you rely on is The Misrepresentation Act 1967 (https://www.legislation.gov.uk/ukpga/1967/7/section/1)