Bought a used car - problem with gearbox.I want a refund - seeking advice on legal rights.

Good day to you Honest John,
I purchased a Peugeot 206 automatic for £1200 on 11th April this year.It was advertised as trade,and although the dealer gave me a signed receipt with business name and address at the top,he said he had retired from dealing at the start of the year and this car had been his wife's,and looking at the service history I can see that he must have owned it at least since July 2014.
Driving it home,I noticed it jumping between first and second gear,and on subsequent trips it did this more regularly and also between different gear changes.I had it checked out by an automatic gearbox specialist last week,and he could find no problem and nothing showing up in the codes,but said the transmission oil was black,indicating that it was heating up,and that there was a problem waiting to happen somewhere down the line.In the event of a gearbox replacement he said it would cost me around £1300 and suggested I ask for a refund and that he would back me up if necessary,stating his opinion on the state of the gearbox.
I find it hard to believe that I was sold the car without the dealer's knowledge of this issue,and feel he was aware of it,hence why he was selling it.I was not offered or given any warranty and want to know where I stand legally on this,as I intend to ask him for a refund and threaten him with court action if necessary,but want to understand my rights so that I know what to say to him.Thank-you in advance,Andul

Asked on 6 May 2016 by Andul

Answered by Honest John
His wife had run the car since 2014, so he was not acting as a dealer in this circumstance and your only rights are your standard contractual rights against a private vendor. If you can prove that he knew of the fault and knowingly sold the car with the fault then you have a case. Had he been acting as a dealer your rights are here: www.honestjohn.co.uk/faq/consumer-rights/
I would check with a member of www.fedauto.co.uk/ whether it's worth changing the transmission fluid.
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