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Used car guaranty issue

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  • 20-11-2014 1:10pm
    #1
    Riprit
    Registered Users Posts: 8 ✭


    Hey lads,

    Let me explain you a little bit about my situation, because it's a little bit particular. 10 months ago, I bought an automatic VW Golf imported from Japan from a guy up in Malahide. Everything seemed to be okay except for a minor "bang" that the gearbox did when I put reverse. He promised he would change the gearbox, so at our second meeting, when he handled over the car, I noticed that the "bang" was still there, but I didn't give it any importance (shame on me...).

    Now, as you have probably deduced, the gearbox problem has got worse. When I'm driving for 15-20 minutes, the second and third gear specially make a huge "bang" when they come in. The car still works, but that's fecking annoying. I was advised at a VW dealer that I have to change all the electronic system of the gearbox. And that it would be 2,200 euros...

    I know that if I buy a car from a person, my legal cover and guaranty is non-existent. But what makes me doubt is that the guy has a business that imports cars from Japan and then he resells them. I even have his business card! So, he gave me a guarantee in the beginning of either 3 months or 3,000 km., which I've of course passed. But as I read in citizen information, if he's a dealer, I should have at least one year of guarantee... Is that right?

    What do you think about all this? Thanks for reading. :)
    Tagged:


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    #2
    MarkR
    Moderators, Regional Midwest Moderators Posts: 11,064 Mod ✭✭✭✭MarkR


    Never heard of a years warranty in law. Where'd you get that from? I think you're out of luck in this case. First step would be to call him, see if he will offer a repair / subsidized repair.


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    #3
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    The most I've ever heard of on a second hand car was a 6 month warranty.


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    #4
    Riprit
    Registered Users Posts: 8 ✭Riprit


    MarkR wrote: »
    Never heard of a years warranty in law. Where'd you get that from? I think you're out of luck in this case. First step would be to call him, see if he will offer a repair / subsidized repair.

    I've seen it in the sale of goods and suply of services act. In section 16 it says that the seller must respond in the next two years for any damage caused to the buyer, and I understand damage as "economical damage" that I'm suffering for having to repair something I shouldn't have to. I think it's an European regulation, because we have the same law in Spain, and that's why I was confused in the first place.

    I think I'm out of luck here as well, because if the guy operates as a private person, he's not attached to that act. But if he operates as a business... It may be different.


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    #5
    Beano
    Closed Accounts Posts: 3,357 ✭✭✭Beano


    why would you buy a car with a known problem?


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    #6
    Riprit
    Registered Users Posts: 8 ✭Riprit


    Beano wrote: »
    why would you buy a car with a known problem?

    Because it wasn't a problem when I bought it. It was only a minor "bang" when I put reverse, and I honestly thought it was because of its age. I had no clue it would come up to this.


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    #7
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,204 Mod ✭✭✭✭godtabh


    Did you maintain the car over the 10 month period? I doubt you have a leg to stand on.


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    #8
    Beano
    Closed Accounts Posts: 3,357 ✭✭✭Beano


    Riprit wrote: »
    Because it wasn't a problem when I bought it. It was only a minor "bang" when I put reverse, and I honestly thought it was because of its age. I had no clue it would come up to this.

    so presumably you had the car checked by a competent mechanic? Right?


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    #9
    Riprit
    Registered Users Posts: 8 ✭Riprit


    godtabh wrote: »
    Did you maintain the car over the 10 month period? I doubt you have a leg to stand on.

    I just had one side-mirror glass changed. And yeah, I doubt it as well...
    Beano wrote: »
    so presumably you had the car checked by a competent mechanic? Right?

    No, I hadn't... And I should had. I made horrible mistakes when I got it and now I'm paying the consequences... Anyone know a good and reliable loaner? XD


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    #10
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    OP, you have the same legal rights and responsibilities as someone who bought a toaster, you also have the same rights buying a used item as buying a new one.
    It's just that the nature of cars tends to make it more difficult to win but it can and has been done.

    Personally I think that you clearly knew the 'bang' was a defect (and not characteristic of an old car) because the seller promised to repair. I also think you ignored it in the excitement of collecting the car. That could be your downfall as it could be considered you accepted a fault that you were, or should have been, aware of.

    Ultimately you could take the seller to the Small Claims Court and let them decide. It only costs you €25 to submit a claim and the max award they can give is €2000 which should cover most of the repairs. You may need written testimony from the VW dealer to back up your claim so make sure they are willing to do that.
    http://courts.ie/courts.ie/Library3.nsf/PageCurrentWebLookUpTopNav/Small%20Claims%20Procedure


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    #11
    Riprit
    Registered Users Posts: 8 ✭Riprit


    Thanks a million for your reply slimjimmc. You have described my situation as if you have lived it. Indeed I got excited to get the car that I didn't put attention to all the details. I've taken a look into the small claims court website and it seems to be pretty easy to fill a complain, I'll go that way to see. The dealer gave me a pre-forma invoice with all the details, I'm not sure if that would be enought.

    Thanks again :)


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    #12
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,854 Mod ✭✭✭✭L1011


    Riprit wrote: »
    HBut as I read in citizen information, if he's a dealer, I should have at least one year of guarantee... Is that right?

    No, its not - and I suspect you mis-read it or were reading an article about a new car in the first place.

    Your case for a claim here is the promise to change the gearbox, but unless you've it written down they will deny it to the hilt.


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    #13
    Riprit
    Registered Users Posts: 8 ✭Riprit


    L1011 wrote: »
    No, its not - and I suspect you mis-read it or were reading an article about a new car in the first place.

    Your case for a claim here is the promise to change the gearbox, but unless you've it written down they will deny it to the hilt.

    What they've told me in citizen information is that if the car was sold by a business then they're bond to that 1980 act, which makes them to guarantee what they sell. I've checked all the emails I sent to they guy, and there's no mention about the gearbox, he told me that in person.

    I'm gonna do the claim anyway, for €25 it's worth the shot and I have nothing to lose at the moment. I'll tell you folks how it goes.


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    #14
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    You'd be better off giving the garage guy a chance. It'll look better at small claims court that you gave the guy a chance rectify it.


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    #15
    Riprit
    Registered Users Posts: 8 ✭Riprit


    ken wrote: »
    You'd be better off giving the garage guy a chance. It'll look better at small claims court that you gave the guy a chance rectify it.

    I emailed him this afternoon, still no response. Tried to call them but all the phones are offline... I should give him more time, I know, but patience isn't my virtue, so claim is submitted. Let's see how it goes.


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    #16
    ASOT
    Registered Users Posts: 7,733 ✭✭✭ASOT


    Riprit wrote: »
    I emailed him this afternoon, still no response. Tried to call them but all the phones are offline... I should give him more time, I know, but patience isn't my virtue, so claim is submitted. Let's see how it goes.

    Your jumping the gun abit and it wont look good on your part, your really should have gave him time to offer a solution.


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