New Car ..............I am livid

Alix

I need some advice people pleeaaassseee !!!

I bought a new car ( used ) in Jan 09 for cash. I had spent months looking for this particular car as it is very specific. Anyway , was delighted when I found it , NCT , tax all good , took for a test drive and it was fine. About week later I noticed it wasnt driving very well , became very sluggish and didnt seem to have the power it was supposed to , also it started to leak oil onto my beautifull cobble lock driveway and the smell of bunring oil in the car was horrendous..to cut a long story short Ive been back to the garage 5 times and am due to go back again on Friday for a different problem. Since getting the car , its needed to be tuned ( twice ) , it needs to be filled every week with oil ( need to keep a drum in the boot ) , its now leaking water and Im at my wits end. Spoke to the guy who sold it to me and he said the best he could do was look for a similar car and do an exchange. But under NO circumstance would m,y money be refunded. Now if this was a normal model I wouldnt have a problem but its specific and like I said took me months to find the right one , I just dont think he's going to be able to find another. The car is 6mth warranty whcih will expire mid July. Im so fed up , I live 30 miles away from this garage and already had to take 5 days off and need to take another one on Friday . I think I should be refunded as I was sold a dodgy motor that just seems to have problem after problem. Should I insist I get a refund ??

Please help

Anan1

You need to talk to a good solicitor.

unkel

What car is it?

The Real B-man

No Comeback you bought it as is would be a different story if you bought it from a SIMI Dealer what car is it?

Gumbo

Anan1 wrote: »

You need to talk to a good solicitor.

+1

also why post up a thread going on about "a particular car as it is very specific."

why not just tell us what it is?

either way, talk to a solicitor quick, before the warrenty runs out.

Alix

Its a BMW , 4 Door , part Mkit ( skirts , steering wheel , gear stick & Alloys ) colour coded door handles , clear lenses ,2002 316i

Alix

Sorry Kceire , didnt think it mattered what car it was , ive since replied

Saab Ed

Alix wrote: »

Its a BMW , 4 Door , part Mkit ( skirts , steering wheel , gear stick & Alloys ) colour coded door handles , clear lenses ,2002 316i

Is it a UK import. Have you done a history check to make sure shes clean?

Alix

The dealer is registered with SIMI

ninty9er

Ah there's your problem, it's a 316i:rolleyes:

Anyhow, Sale of Goods says they have every right to provide you a repair/replacement before offering a refund.

Also they seem to have done a bit of warranty work on it for you which would suggest they sold it in good faith not knowing it was a doozie.

A 316i of any order is not rare in Ireland, if it was a 323 or 328i I might say something about getting a refund. See what he comes back with.

fryup

Alix wrote: »

also it started to leak oil onto my beautifull cobble lock driveway and the smell of burning oil in the car was horrendous.

oh my god!!:eek:

your beautiful cobble lock driveway and the smell of burning oil....ghastly

more tea vicar:rolleyes:

The Real B-man

Alix wrote: »

The dealer is registered with SIMI

If you dont get it fixed or are not satisfied with there service youa re recieving make a complaint to SIMI.

www.simi.ie

L-M

fryup wrote: »

oh my god!!:eek:

your beautiful cobble lock driveway and the smell of burning oil....ghastly

more tea vicar:rolleyes:

We don't need any smart comments, thanks.

ninty9er wrote: »

Ah there's your problem, it's a 316i:rolleyes:

Anyhow, Sale of Goods says they have every right to provide you a repair/replacement before offering a refund.

Also they seem to have done a bit of warranty work on it for you which would suggest they sold it in good faith not knowing it was a doozie.

A 316i of any order is not rare in Ireland, if it was a 323 or 328i I might say something about getting a refund. See what he comes back with.

I'd consider a 316i with a M kit a fairly rare enough car, would it not?

Alix

Look , if you're just gonna take the P , why bother replying. Have you nothin better to do ?

The fact is that the driveway cost alot of money and its ruined because of this car.

Thanks guys for your feedback , Im gonna have to carefully consider what to do here , I'll give him a week or 2 to match the car and then if no luck , my best bet is to probably talk to solicitor to see where I stand

Gregor Samsa

The Real B-man wrote: »

No Comeback you bought it as is would be a different story if you bought it from a SIMI Dealer what car is it?

OP doesn't say that she bought it as-is (in fact, they say she got a 6 month warranty, which means she didn't). And there's nothing magical about the SIMI that means you'll get better treatment or service from a garage affiliated with them. They're an industry group, not a consumer group. (Edit: and complaining to them will do nothing, they'll tell you that that it's a matter between you and the garage.)

All goods sold to consumers should be fit for purpose, that's the bottom line really. Sellers should be given a chance to fix issues (which the OP already has), and failing that, a full refund should be expected.

OP, as already stated, speaking to a good solicitor should be your next move. The garage probably knows their legal obligations, and is hoping that you don't.

Alix

LimerickMan , I too think it is rare. I spent months sourcing this car. I dont know any other 316i's with this spec , they're just not that common. If it was a standard SE model then fair enough , there's plenty out there to choose from. Its my 4th BMW and I love it.....Im just sooooooo sad

Saab Ed

Alix wrote: »

Thanks guys for your feedback , Im gonna have to carefully consider what to do here , I'll give him a week or 2 to match the car and then if no luck , my best bet is to probably talk to solicitor to see where I stand

Dont know if you missed my earlier question. Is it an import and was there a history check done on the car?

Drummerboy08

Alix wrote: »

The fact is that the driveway cost alot of money and its ruined because of this car.

I seriously doubt the driveway is "ruined" for a start. There may be a stain on one or two of the blocks, but it wont require a whole new driveway.

Like the others said, talk to a solicitor, and organise for an independant ascessor to inspect your car. This way, you will know exactly what is wrong with it.

Alix

Saab Ed , Its not an import as far as Im aware , 2 irish owners on it.

Saab Ed

Alix wrote: »

Saab Ed , Its not an import as far as Im aware , 2 irish owners on it.

Ok cool. Someone tried to trade in a near identical car with me about 3 months ago ( blue in colour on a Meath plate ) and its was from the UK. A quick SIMI history chch revealed 90,000 miles missing and an insurance write off.

Alix

Im a girl


Think there may be the presumption that Im a bloke............

And yes the driveway IS ruined , take my word for it , there is far more than a block or 2 ruined. The car continuosly leaks oil , and has to be re-filled on a weekly basis. I have a history of works already from the garages mechanic , but seriously thinking of an independant accessor as suggested...just in case !

Alix

Jesus Saab Ed , what a lucky escape , thats awful. I probably should have done something like that first instead of putting my trust into a garage... I'll learn from this experience , thats for sure

Drummerboy08

Alix wrote: »

Im a girl


Think there may be the presumption that Im a bloke............

And yes the driveway IS ruined , take my word for it , there is far more than a block or 2 ruined. The car continuosly leaks oil , and has to be re-filled on a weekly basis. I have a history of works already from the garages mechanic , but seriously thinking of an independant accessor as suggested...just in case !

How long did it take you to notice it was leaking oil? Did it not occur to you to taking action to prevent the oil from reaching the driveway, say by putting a sheet of cardboard under it?

As for the ascessor, i would get it done. It may cost you 200 quid, but you will know whats wrong with the car, and you will have an experts opinion who isnt from the garage your dealing with. His report may also be used in court if it goes that far.

Saab Ed

Alix wrote: »

Jesus Saab Ed , what a lucky escape , thats awful. I probably should have done something like that first instead of putting my trust into a garage... I'll learn from this experience , thats for sure

Also since you've bought from an SIMI garage the first move as regard a dispute is the SIMI Investigation and complaint service which will lead to Arbitration , a very long drawn out process. You might win on paper but it could take years. Do nothing without legal advice but IMO give the garage every chance to sort another car or you might end up in that one for years.

Anan1

fryup wrote: »

oh my god!!:eek:

your beautiful cobble lock driveway and the smell of burning oil....ghastly

more tea vicar:rolleyes:

You've already been banned before for insulting other members - once more, and you're out.

Henry Ford III

Time to go legal. Dealer is not sorting your issues clearly.

Alix

Eh , I think you insulted me with your little sarcastic comments.

Back off..

Alix

That was meant for fryup btw , sorry drummerboy :cool:

bushy...

Alix wrote: »

The car continuosly leaks oil , and has to be re-filled on a weekly basis. I have a history of works already from the garages mechanic , but seriously thinking of an independant accessor as suggested...just in case !

Same garage as this poor guy had working on his BMW by any chance ?

http://boards.ie/vbulletin/showthread.php?t=2055562177

Drummerboy08

Alix wrote: »

That was meant for fryup btw , sorry drummerboy :cool:

Your grand... I'm used to it.

VanhireBoys

It sounds to me that the garage has been "caught" as well. Just see tell the garage calmly that you want the car sorted out before going the heavy handed route. If they are SIMI then their rep will be damaged.

If you got them to fit a good 2nd hand engine for a start. They owe you this at least...!

That would p**s me off too especially when you searched so long for it

Redsoxfan

Wrt the driveway, I think some one at the remapping day mentioned Persil Biological (the stuff in the box) was a good way to get rid of oil on a driveway?

Sesshoumaru

I took a dealer to the small claims court before for a car that started giving me trouble from the day I got it home. A cracked sump that was leaking oil all over my driveway was the main problem. The dealer helpfully suggested I keep filling it with oil. He had lame excuses ready for everything I said. Eventually I just told him fix it or I'll take him to court. He said he wouldn't return my money or fix it.

So in the end I went through the process of filling in an online application form for the small claims court and paying €15. His solicitor tried to bypass the court clerk and contacted me directly to try and threaten and scare me. Told him to take a hike. Dealer told me he would "fight me in court". On the day dealer never shower nor his solicitor. I was awarded the cost of repairing the car by the judge and 2 weeks later a cheque arrived from the dealer

Just thought I'd share that with you in case you were wavering on going down the legal route. I'd definitely recommend talking to a solicitor and getting a reputable mechanic to do a report on your car as well.

Saab Ed

Drummerboy08 wrote: »

Your grand... I'm used to it.

Proper Order ...carsalesman:P

E39MSport

I had a similar but not as serious problem before. Mr Micheal McEneaney of the National Consumer agency was very helpful to me and gave me some serious added clout. His mail address is michael_mceneaney@nca.ie.
Good Luck.

BrianD3

If the car is leaking oil to the outside it should not be a big deal to see where it's coming from. It'd be different if the oil was being burned in the engine. The burning smell that you're getting may be oil dripping down the side of the engine and being burned on the exhaust manifold.

Do you know any mechanics that could look at the car as a favour or for a few quid. Save you having to fork out for an assessor. Once you know more you can then go back to the garage that sold it to you armed with more knowledge.

jor el

http://www.citizensinformation.ie/categories/consumer-affairs/motoring/advice_on_buying_a_used_car_in_Ireland

http://www.consumerconnect.ie/eng/Hot_Topics/Our-booklets/NCA_guide_to_buying_a_car.pdf

The 6 month warranty doesn't really mean anything. Since you bought from a business, you have full consumer protection which states, among other things:
Of merchantable quality (reasonable, acceptable quality given what was said about them
and taking into account the age and history of the vehicle).
Fit for the purpose they are intended to be used for.
As described.

If the value was over 2000 euro, you'd be as well to consult a solicitor if your next trip to the garage proves a waste of time.

-Chris-

BrianD3 wrote: »

Do you know any mechanics that could look at the car as a favour or for a few quid. Save you having to fork out for an assessor.

Pay for the assessor. In the event that the whole thing goes legal, the assessor's word is valuable in court, while your mate's isn't.

BrianD3

Based on the info in the original post I don't see a need for an assessor or legal action as yet. Someone even said the original poster should look for a replacement engine - way OTT in my view.

The car has an oil leak and has had a couple of other problems. The oil leak might well be as simple as a sump or rocker gasket - or it might not be - but it seems a wrong approach paying an assessor (and then attempting to recover that cost from the garage) for what may be a very simple fix .

-Chris-

Back to garage 5 times and problems are still persisting? I'd be getting an assessor, personally.

Darragh29

Alix wrote: »

Look , if you're just gonna take the P , why bother replying. Have you nothin better to do ?

The fact is that the driveway cost alot of money and its ruined because of this car.

Thanks guys for your feedback , Im gonna have to carefully consider what to do here , I'll give him a week or 2 to match the car and then if no luck , my best bet is to probably talk to solicitor to see where I stand

OP, I think you should go back to basics here with the problem. Firstly, you clearly have oil leak. If you get this resolved, then you shouldn't have to continually top the engine up with oil. Get that resolved for a start and then see what other problems exist. Before anyone starts complicating this for you even further, just get them to resolve the oil leak and nothing else. This doesn't require a "tune up", an "engine diagnostics", or anything else, just get someone to identify where the oil is leaking from and resolve the problem. Then see what other issues you have after this is resolved, that's my advice...

Darragh29

BrianD3 wrote: »

If the car is leaking oil to the outside it should not be a big deal to see where it's coming from. It'd be different if the oil was being burned in the engine. The burning smell that you're getting may be oil dripping down the side of the engine and being burned on the exhaust manifold.

Do you know any mechanics that could look at the car as a favour or for a few quid. Save you having to fork out for an assessor. Once you know more you can then go back to the garage that sold it to you armed with more knowledge.

Burning smell is just oil on the exhaust manifold. This issue is easy to resolve. Also OP, put your complaint in writing...