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2nd hand car nightmare

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  • 14-12-2009 10:58pm
    #1
    halyin
    Closed Accounts Posts: 10 ✭


    Hi I'm after any advice on the following:

    Bought a 2nd hand car for 4k from a small dealer. Paid up and got the car but soon found out it had an engine problem. Got it checked out at a garage who basically said the engine was badly damaged so I took it back to the dealer. He said he had it fixed but I am not happy it was a fixable problem. Dealer said he would refund my money when he sold it on as he doesn't carry that money. I reluctantly went along with this.

    3 months down the line and no refund yet. Stuck without a car. Would have thought it would be sold in a lot less than 3 months.

    Don't trust this guy at all. Now considering getting a solicitor to act on my behalf to try to get the money. Is this the best way to go with this? Will solicitor's fees be too high to be worth it for this amount of money?

    Dealer is not SIMI registered so can't go to them.

    Not sure what the best way forward is.


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    #2
    maidhc
    Registered Users Posts: 7,524 ✭✭✭maidhc


    Well SIMI is a joke anyway, so no loss there. The decisions they reach are amusing at the best of times.

    Go to a solicitor. You shouldn't have accepted what he said about refunding when the car would be sold!

    However, why do you feel the car was not fixable? Most things in life are fixable.


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    #3
    mickdw
    Registered Users Posts: 23,285 ✭✭✭✭mickdw


    Poor decision to allow him to sell it on & pay you then. He wont bother selling it, why would he?


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    #4
    fonecrusher1
    Registered Users Posts: 5,700 ✭✭✭fonecrusher1


    halyin wrote: »
    Hi I'm after any advice on the following:

    Bought a 2nd hand car for 4k from a small dealer. Paid up and got the car but soon found out it had an engine problem. Got it checked out at a garage who basically said the engine was badly damaged so I took it back to the dealer. He said he had it fixed but I am not happy it was a fixable problem. Dealer said he would refund my money when he sold it on as he doesn't carry that money. I reluctantly went along with this.

    So basically he sold you a car that doesnt work properly. He's accepted he's at fault but he's keeping you waiting for a refund.
    He could keep you waiting for a very long time hoping that you will get tired & pay for the repairs yourself.
    Their not all bad but car dealers can come up with the most amazing excuses when it comes to handing back money.
    Approach him & politely explain that you intend on taking him to court if the matter cant be resolved by the end of the week.


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    #5
    Mr Benevolent
    Closed Accounts Posts: 12,456 ✭✭✭✭Mr Benevolent


    Nightmare scenario alright. Partially your fault though. You obviously didn't get anyone to look the car over before you bought it, and then you wouldn't accept that the car was fixed? So essentially you've pointed out a problem to the dealer, made him fix it and then rejected the car. Now you want a refund but agree to wait until he sold the car, which means you believed his story about not having the money to refund you then and there - a car dealer of all people?

    Legally I suspect you're screwed since you agreed to a resolution and the dealer can easily claim that he can't sell the car due to this or that.

    Lesson 1: Always have the car mechanically checked out by someone who knows what they're doing or learn about cars yourself.

    Lesson 2: Learn the law. The dealer had the option to repair the car and you refused to accept it.

    Lesson 3: Avoid backing yourself into a no-win situation like the one you're in now.


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    #6
    fonecrusher1
    Registered Users Posts: 5,700 ✭✭✭fonecrusher1


    I think the OP needs to clarify his predicament before anyone can help.
    Having just read the above comment i could be way off the mark with my advise.

    What exactly is/was the problem with the car? Be honest.


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    #7
    JHMEG
    Closed Accounts Posts: 7,686 ✭✭✭JHMEG


    Very few things a solicitor can do that everyone else can't. So save yourself the solicitor's fees and lodge a case with the small claims court - even the threat of doing so can work wonders.


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    #8
    Mr Benevolent
    Closed Accounts Posts: 12,456 ✭✭✭✭Mr Benevolent


    JHMEG wrote: »
    Very few things a solicitor can do that everyone else can't. So save yourself the solicitor's fees and lodge a case with the small claims court - even the threat of doing so can work wonders.

    The small claims court can only help when the money at stake is under €2000. OP, consult a solicitor, there might be something he can do.


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    #9
    Delta Kilo
    Registered Users Posts: 1,212 ✭✭✭Delta Kilo


    What I don't understand is how you believed the dealer didn't have the 4k to give back to you. Surely, you gave him the 4k when you bought the car?

    What time frame are we talking about here OP?


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    #10
    The-Game
    Registered Users Posts: 659 ✭✭✭The-Game


    Indeed how long had you got the car before you returned with the problem?


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    #11
    Esel
    Registered Users Posts: 22,035 ✭✭✭✭Esel


    halyin wrote: »
    ... Got it checked out at a garage who basically said the engine was badly damaged... Dealer said he would refund my money when he sold it on as he doesn't carry that money. I reluctantly went along with this..
    What? You said you'd wait until he sold on a car with an engine that was fuked? You need to talk to a solicitor, pronto.

    Not your ornery onager



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    #12
    Danuogma
    Closed Accounts Posts: 123 ✭✭Danuogma


    I hope you got some decent proof of purchase paperwork from this 'car dealer' and not something without a signature scrawled on a piece of notepaper, I also hope the car is in your name. By the sounds of things the bloke was pulling a fast one from the get-go, any dealer with a half decent rep would have at least given you a couple of months guarantee with the car. I am guessing this bloke didn't and 1, knew the car had a serious issue +2, did a botch job or winged it hoping that the car would be in your possession for long enough before something went majority wrong, enough time for him to wash his hands of responsibility. Now he could be playing the waiting game with you. Both the car and your dosh are in his possession, bad move, you should have demanded your money back at the start of the drama.

    Contact a solicitor.


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    #13
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    I think a Solicitors Letter would have the desired effect without going to court.Do it today...

    Be reasonable, tell him you'll accept an equal replacement car


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    #14
    BigEejit
    Registered Users Posts: 3,739 ✭✭✭BigEejit


    Sale of goods act applies: http://www.consumerassociation.ie/rights_knowrights.html
    Under the Sale of Goods and Supply of Services Act 1980, anything you buy from a retailer must be:

    * of merchantable quality
    * fit for its normal purpose, and reasonably durable
    * as described, whether the description is part of the advertising or wrapping, on a label, or something said by the salesperson.


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