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What are my rights/options?

  • 15-01-2006 8:11pm
    #1
    Closed Accounts Posts: 1,275 ✭✭✭


    Ill try and keep this as short as possible. Hopefully in the right forum area.

    Bought a car from Jordanmotors in Wexford a few months ago. Before I took delivery of the car there were items to be sorted. One of the items was a vibration.

    Car was delivered - vibration was not sorted. Car went back due to this and a noise around the Air Con area.

    Air Con clutch bearing was replaced. Vibration was 'fixed' by them - which in reality never was. I received the car and immediately let them know the vibration was still there.

    After numerous emails and all kinds of words being put back and forth Jordanmotors agreed to pay to have all four wheels balanced and aligned as this was what was thought to be wrong.

    Before I took the car in - I had a trip to Limerick - I took it in to SAAB there - they reckoned it was likely a problem on the CV joints - a common issue on 93 SAABs.

    I mentioned this to Jordanmotors who said that they would not pay for this repair of around E1000 and offered me a refund. Their refund was to give me my traded in car back and keep the SAAB. I refused this - I simply wanted the car fixed.

    The car eventually was sent in for 4 wheel alignment etc - no real difference. I am still owed this money by Jordanmotors.

    Eventually SIMI became involved - Ill reserve comment on their ability - or lack thereof. Eventually it was agreed, after much 'threatening' by me to start a 'jordanmotorssuck.com' or similar page.

    Jordanmotors denied the vibration existed. I still dont understand why I would waste their or my time on this issue. I eventually got them to agree to have someone else look at the car. They suggested the AA - who wanted E270 just to look at the car. I asked for SAAB to look at the car as I felt if its their car (SAAB 93) - they would probably be the best people to look at the car. By this time - Jordanmotors had said via SIMI that they would pay for any repairs.

    Car went in last week - CV joints are messed as SAAB in Limerick suspected. Vibration exists - and its not a figment of my imagination.

    The work comes to around E1000. I am yet to get the go ahead from SIMI or Jordanmotors for this work. I am not willing to pay this myself and claim it - I already have money owed to me for balancing and similar.

    It took me ages to find a car I liked - I certainly dont want my old car back etc etc. What are my options if they do not fix the car or I do decide to take them up on that refund? Can I ask for the car to be returned, the finance to be scrapped or settled and them to keep my car I had traded in? I just feel that if I go back to where I was before I would have lost 6 months - plus - I dont want to loose this fight - if only to prove a point.

    Thoughts / options?


Comments

  • Closed Accounts Posts: 1,275 ✭✭✭Chaz


    Sorry - to add.

    Traded in car and this car are both on HP from the same company. First loan was closed - 2nd opened on the 2nd car - can the finance company get involved?

    I had already explained to them briefly what was going on after Jordanmotors threated to initiate the refund on their own accord. I instructed my bank to offer no such refund or similar without my approval.

    The lady said it would problably not had been accepted anyways - its not in their own interest to go back on a deal.


  • Registered Users, Registered Users 2 Posts: 5,047 ✭✭✭Culchie


    Hi,

    I suggest you post this on www.askaboutmoney.com as well. It's quite a specific query you have, and it will ensure that you will get good advice from that forum as well.....Just to cover both bases

    I hope this works out for you.


  • Closed Accounts Posts: 3,797 ✭✭✭Paddy20


    Chaz wrote:

    By this time - Jordanmotors had said via SIMI that they would pay for any repairs.

    There is your answer, especially if SIMI confirm same 'in writing' ? otherwise contact your local Citizens Information Centre [CIC], or depending on the value of the vehicle, you could always consider The Small Claims Court at your local district court, it is a very cheap 'set fee' and the Court will first write to the car dealer giving them notice of your intention to prosecute, most dealers usually settle promptly instead of facing the prospect of 'bad press publicity as a result of an open to the press court appearance ;) .

    Good luck.

    P.:cool:


  • Closed Accounts Posts: 1,275 ✭✭✭Chaz


    Thanks.

    Problem is - I dont have it in writing that they will pay for the repairs. The other issue I have is that the car is getting worse and worse - I fear something might break while driving and cause even more damage.

    The cars value is in the 20 - 25K mark.


  • Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    1. The car belongs to Finance company not to you so you better get them involved. Finance companies can lean on garages better than you can which is the actually only advantage to using finance that I know of .

    2. You (probably) have a 6 month guarantee off the garage in Wexford, they have avoided half of it quite adroitly already and hope to avoid the rest in 3 months when they are in the clear and tough **** on you . Act quick.


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  • Closed Accounts Posts: 1,275 ✭✭✭Chaz


    Sponge Bob wrote:
    1. The car belongs to Finance company not to you so you better get them involved. Finance companies can lean on garages better than you can which is the actually only advantage to using finance that I know of .

    2. You (probably) have a 6 month guarantee off the garage in Wexford, they have avoided half of it quite adroitly already and hope to avoid the rest in 3 months when they are in the clear and tough **** on you . Act quick.

    There is a 6month mechnical warranty - this is correct. I have, at a small level - had some interaction with the finance company. Perhaps time to involve them more?


  • Closed Accounts Posts: 3,797 ✭✭✭Paddy20


    Chaz wrote:
    Thanks.

    Problem is - I dont have it in writing that they will pay for the repairs. The other issue I have is that the car is getting worse and worse - I fear something might break while driving and cause even more damage.

    The cars value is in the 20 - 25K mark.

    Ok, technically it is always better to have a statement of intent in writing. However, if the individual in SIMI who received the verbal assurance that "'the dealer is prepared to pay for all repairs" is prepared to confirm to you 'in writing' that he received this verbal undertaking from Jordanmotors, along with the date and the name of the individual who gave this 'verbal' statement. Then you should have wrapped up the issue.

    If, you are concerned about driving the vehicle [with due cause] then inform the Dealer and SIMI in writing that you require a replacement vehicle, while this matter remains under dispute, as under 'the Sale of goods acts' the vehicle should be fit for the purpose for which it is intended, and clearly it is not.

    I would in fairness, indicate to the dealer and SIMI that you are prepared to give them a total of {7 working days} in which to resolve this matter 'to your complete satisfaction, or you will take a legal civil case against them for loss, inconvenience, stress, and damages suffered to your general well being, due entirely to their incompetence and lack of professional conduct within the motor trade, which you 'in good faith' had expected as a consumer, as is your right.

    The value of the vehicle is above 'the small claims court remit.

    Good luck.

    P:cool:


  • Registered Users, Registered Users 2 Posts: 19,608 ✭✭✭✭sceptre


    Good advice from Sponge Bob & paddy20 there. I'd take it.


  • Closed Accounts Posts: 77 ✭✭The Security ma


    edit post.


    please dont post defamatory remarks without full back up.


  • Closed Accounts Posts: 1,275 ✭✭✭Chaz


    Pray tell what happened?

    My car is sorted now - after months - some other items had to be fixed too since at my cost.


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  • Registered Users, Registered Users 2 Posts: 20,099 ✭✭✭✭WhiteWashMan


    some random defamatory remarks.

    for what its worth, i suggest you edit your remarks, or oyu prove exactly what you have said.

    if you have an opinion that negative towards a company, then by all means tell your story, but i want useful remarks, not lies, and you need to back up every single piece of information you give here.

    either edit your post within 24 hours, or i will do it and ban you from this forum.

    thanks


  • Registered Users, Registered Users 2 Posts: 20,099 ✭✭✭✭WhiteWashMan


    edited post.


    banned and post edited


  • Closed Accounts Posts: 1,493 ✭✭✭mcaul


    If its a saab 93 and is valued at 22 - 25k it is probably less than 3 years old.

    If so, SAAB cars have a 3 year 60k mile warranty and this transfers to the new owner. (as does the remaining AA membership)

    If you get the right garage - it can be great. I had major problems with a 93 diesel with the turbo eventually blowing and the engine being ruined - New turbo & new engine without any hassle - even at 55k miles! Fitzpatricks in Kildare town couldn't do more for their customers! (I may not buy saab again but would certainly buy from fitzpatricks!)


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