Sold unreliable Car... what to do?

GEDI · 15-10-2007 3:08pm #1

Hi All

Hoping you can help me. My sister recently bought a second hand car from a garage in Tipperary. She had a trade in and they organised the Finance for her.

Two days after she took the car home, the clutch went on the car. Needless to say, she took it back to the garage and told them that the clutch had gone. They said no problem they'd sort it out for her.

They had the car for a week and she collected it on Friday. Seemed to be driving fine. Drove to Cork on Saturday, stayed in Cork on Saturday night, started the drive home on Sunday morning and the car conked out in Cork City. It would not re-start (and still won't start).

She and her husband had to get the car towed back to her friends house on the other side of Cork, which cost them €150. (It would have cost €500+ to get it towed back to Tipperary and they couldn't afford that).

So my question is, where does she stand? She's going back to the Garage tomorrow to talk with them about it but she now doesn't want the car as its seems to be too problematic. So should the garage take the car back off her or can they just insist that they'll fix it again? Also she wants them to cancel the Finance on it and just get them to give her back the old car she traded in. Finally, she wants them to cover the cost of having the car towed.

Anyone any idea where she stands. She just wants some general info before she goes back to the garage with all guns blazing.

Thanks

GB15 · 15-10-2007 3:18pm

I'm not sure where she stands but I'd imagine she's legally entitled to a refund. What type of car was it + what year out of interest?

--amadeus-- · 15-10-2007 3:28pm

A lot will depend on teh garage it was bought from and teh year and age of teh car. Even more will depend on what warranty (if any) was given with the car.

All goods sold have to be "fit for purpose". In other words deliberatly selling a car that has a known fault is clear grounds for a refund. However there is also a rule of Caveat Emptor - buyer beware! It is up to you to excercise due car and if the reason for teh car conking out were unforseeable or due to routine wear and tear then - I'm afraid - that you may not have much in the way of grounds.

It is very, very unlikley that any dealer will just roll over and cancel finance (which will be with a 3rd party company and have an early redemption penalty) and take back a car just because it's conked out a couple of times. If you have bought from a main dealer or have a warranty then they have to fix it but I'm afraid she's probably stuck with the car, sorry.

GEDI · 15-10-2007 3:29pm

What type of car was it + what year out of interest

It is a 2003 peugeot 307.

It is up to you to excercise due car and if the reason for teh car conking out were unforseeable or due to routine wear and tear

But if it is 'routine' wear and tear shouldn't the garage have noticed something as they had it two days before it conked out for good!

axer · 15-10-2007 3:37pm

I always thought that a car dealer had to give an automatic 3 month warrenty on cars they sell but someone correct me if Im wrong.

OP: you would be better off posting this in the legal discussion forum but i'm not sure if they are allowed to give advice - just opinion.

zilog_jones · 15-10-2007 5:14pm

axer wrote: »

I always thought that a car dealer had to give an automatic 3 month warrenty on cars they sell but someone correct me if Im wrong.

The Sale of Goods and Supply of Services Act 1980 isn't specific on dates, but it would be reasonable to expect a car to function under normal circumstances for more than 3 months (unless it is known some part is due for servicing/replacement).

The Peugeot 307 is not renowned for its reliability - some people seem to have nothing but trouble with them (going by hearsay).

Churchy · 15-10-2007 6:23pm

Take a step back and look at it , the car has only failed once.
With the clutch , car was driven back and they fixed it.

If any more serious faults appear then you maybe right to attempt a rejection but now I'd doubt you'll stand much chance.
Legally enforceable documents ie/ the finance taken out just cant be cancelled on a whim and the part-ex could sitting on someone elses driveway now.

How many miles are on the 307?
Any idea at all why it wont start?

Fey! · 15-10-2007 7:43pm

Churchy makes a very good point.

Talk to the garage. IIRC, they have to give a 3 month warranty, but it may only cover engine. The fact that they sorted the clutch PDQ is a good sign that they won't see her stuck.

ta2kev · 16-10-2007 11:11am

If there is a problem with a car, a garage legally has 3 attempts to sort it out. The customer can't demand a refund unless the same problem hasn't been resolved after the 3 attempts.

zilog_jones · 16-10-2007 12:12pm

Sale of Goods and Supply of Services Act is not that specific. Are there laws more specific to the sale of cars?

RobbieMc · 16-10-2007 12:23pm

sorry to hear about your sisters problems with the car.

From cars i have bought over the years ,they normall come with some form of warranty that will cover mechanical faults up to a period of a couple of months and will not cover wear and tear.
So, the question I would ask first, what was your sister sold( in the terms of the car and what type of warranty).
Was breakdown assist included( if so, she would not have had to pay for the recovery of the car)
What is it's current state( have you found out what it's not starting)
Has she rang the garage and if so what have they offered to do

I bought a vehicle and six months later after numerous faults was given a full refund.

Sold unreliable Car... what to do?

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