Was.
What there is no evidence of is whether that chain was on the way out. What the law requires is proof that it wasn’t. There’s no requirement for the fault to have come to a head at the point of sale, just that it exists, or in this case that the seller can’t show that it didn’t.
I’m not repeating myself or going round in circles any longer, as I say I’ll get back when I have an update. The information is easily findable if people want to, and it will say exactly what I have said. Despite what people may want to believe I don’t make a habit of going on Internet forums making up laws and passing them off as fact.
Even the stuff you’ve posted yourself says it needs to prove that ‘the fault existed’
‘It’s assumed in law that the fault was present at the time of purchase unless the seller can prove otherwise.’
He doesn’t need to prove it wasn’t on its way out at all, going by that. Just that the fault didn’t exist, which it didn’t because you ragged it 5,000 miles first.
So again it goes back to you needing to try and blackmail the guy about the recall which is totally unrelated to your issue, as you don’t have a leg to stand on elsewhere.