Cancelling bank draft on dodgy car.

Hi Everyone,

My mother bought a car we test drove it and it seemed fine. They promised a full service and they didn't do it, when we got it home the oil was black as hell and obviously not changed, the steering column makes a bad noise on bumpy roads which was not noticeable on the smooth roads, I had a look under at the steering column and noticed brake fluid leaking from where the brake connects inside the car.

The receipt said 3 month warranty on engine and gearbox, so I'm sure if we went back he would just laugh, so what about cancelling the bank draft first thing in the morning? The car was bought Saturday afternoon and tell him the car is here if he wants it ?

Any advice appreciated!

michael999999

Did you not get a mechanic to check the car first?

no we didnt, but noone would have spotted it on the smooth roads there, or noticed the leaking fluid inside at the steering column!

Our man in Havana

Cancelling the draft is a very bad idea. Seek legal advice.

drunkmonkey

Take it back for the service and get them to fix the small problems you mentioned. Nothing very wrong at the moment.

If you bought from a trader or garage they have to fix it or refund you. You have no right to cancel the bank draft only if you return it. It's regarded as cash. You can tell the bank it was lost or stolen and they may be able to cancel it but if it wasn't it would be fraud on your part.

what if they say sorry warranty on engine and box. the car is great other than that and if the money goes through its surely too late then?

ZENER

Give them a chance to put it right first then take it further if you don't get satisfaction. Was it a well known dealer ? It's reasonable to expect that the car is safe and roadworthy when you buy it from a dealer so brake fluid leaking is cause for concern. Did the car have an NCT ? Perhaps you could try that angle when you talk to them ?

Hindsight is 20/20 as they but the 50 quid for a mechanic to check out any car before you buy it is money well spent imo.

Ken

Dilbert75

If bought from a trader the car has to be fit for purpose - brake fluid leaks, if that's what they are, would surely render it unfit. Legal advice is necessary.

Gary ITR

Dilbert75 wrote: »

Legal advice is necessary.

Not yet it's not, the OP hasn't even bothered to contact the seller yet. The seller may repair these faults without any hassle

bryaner

Are you for real? You bought the car without even bringing it for a spin down a rough road, my advice would be to get someone with some motor knowledge before you try to buy a car again.

its hard to contact the dealer on a sunday really. and i rang them as soon as we got home saturday no reply many times!

the only thing that bothers me is having a long and potential legal road if they don't fix it, and its too late then for sure to cancle the draft!

it has no nct and they booked it in our local centre and wrote on the receipt that tgey guarantee it to pass.

bryaner

bryaner wrote: »

Are you for real? You bought the car without even bringing it for a spin down a rough road, my advice would be to get someone with some motor knowledge before you try to buy a car again.

+1 and then he reckons .........

Deleted User wrote: »

............

The receipt said 3 month warranty on engine and gearbox, so I'm sure if we went back he would just laugh, so what about cancelling the bank draft first thing in the morning? The car was bought Saturday afternoon and tell him the car is here if he wants it ?

is a possible course of action.

In all fairness.

Our man in Havana

it has no nct and they booked it in our local centre and wrote on the receipt that tgey guarantee it to pass.

Sweet jebus! Not worth the paper it is written on.

right so. i think cancelling the draft is the best course of action and find out then the next step. im not taking the risk if they can't be bothered to sell road worthy cars, that could seriously injure us and the fact they can do it and not care is even more reason to cancel the draft.

Anan1

I don't think you can cancel a bank draft?

I guess we'll find out tomorrow lol

YouTookMyName

If it's diesel the oil will be black regardless of when it's been changed.

Guy:Incognito

Anan1 wrote: »

I don't think you can cancel a bank draft?

You can yeah.

But not sure what will happen under these circumstances. I'd imagine the OP could potentially be done for some form of stealing or fraud.

Anan1

Guy:Incognito wrote: »

You can yeah.

Under what circumstances? It's not like the OP can claim it was stolen or lost, given that it was made out to the seller.

omb0wyn5ehpij9

Deleted User wrote: »

right so. i think cancelling the draft is the best course of action and find out then the next step. im not taking the risk if they can't be bothered to sell road worthy cars, that could seriously injure us and the fact they can do it and not care is even more reason to cancel the draft.

You are worried about a legal battle because the car has faults? Yet you are happy to cancel the draft without speaking to the seller which basically means that you have taken the car and not paid for it?

Listen to the advise on this thread, you have messed up already by not bringing a mechanic with you. Before you do anything supid, go back to the seller, explain the issue, and go from there.

Guy:Incognito

Anan1 wrote: »

Under what circumstances? It's not like the OP can claim it was stolen or lost, given that it was made out to the seller.

I cancelled one years ago when I was buying a phone on ebay. Smelled a rat shortly after I sent it so cancelled. Never heard a word from the seller so figure I was right. Cant remember what I told them (the bank)

no its petrol. i know the difference when the oil is changed!

I've no problem speaking to the dealers but i risk the draft being lodged and its too late then!

thanks for the advice everyone. im off to bed.

Elmidena

Heavily preggo friend of mine had a similar situation a while back and as soon as word got back to him that she was seeking legal aid for a small courts claim he became her best friend and gave her a different car. Course, I'm sure all the bad rep aired around on facebook didn't help his trade....

riddler95

Is it legally possible to insure a car that has no NCT?
Would it be road worthy?

YouTookMyName

riddler95 wrote: »

Is it legally possible to insure a car that has no NCT?
Would it be road worthy?

Once it's 6 could be 3 months expired insurance is invalid.

Elmidena

You are insured, but if a claim arises they'll investigate closely to see was any existing problem the cause of it (faulty brakes etc)....sure this country they take your cash as soon as look at you and give nothing back....

Holy f*ck, Ireland inspired Jack Sparrow :eek:

riddler95

YouTookMyName wrote: »

Once it's 6 could be 3 months expired insurance is invalid.

Reason i asked was because my car failed an NCT and back then i read on the fail cert that the car was not fit to drive basically.

dahamsta

Anan1 is right, you can't cancel a bank draft. Draft == Cash.

Guy:Incognito

dahamsta wrote: »

Anan1 is right, you can't cancel a bank draft. Draft == Cash.

Yes, yes you can. As I said above I have done it.

And Bank Draft does not equal cash, only cash equals cash.Both can be forged anyway.

corktina

but its not forged

The only course here is to take the car back to the Dealer.

Max Power1

YouTookMyName wrote: »

Once it's 6 could be 3 months expired insurance is invalid.

Ah the inaccuracy

/sigh

NCT has no bearing on insurance unless specifically stated in your policy.
NCT does not show that the car is roadworthy or not.

Our man in Havana

You just gotta love misinformed opinions.

shawnee

dahamsta wrote: »

Anan1 is right, you can't cancel a bank draft. Draft == Cash.

That's what I thought until someone cancelled one that was given to me some time ago !!!;)

Our man in Havana

The can be cancelled for sure but it would involve telling lies to the bank.

Also it gives the seller a bombproof way to sue you for cancelling the draft.

dell1211

Our man in Havana wrote: »

The can be cancelled for sure but it would involve telling lies to the bank.

Also it gives the seller a bombproof way to sue you for cancelling the draft.

exactly, the only way is if you say it was stolen. The only way to cancel a bank draft otherwise is to return it to the bank.

riddler95

riddler95 wrote: »

Reason i asked was because my car failed an NCT and back then i read on the fail cert that the car was not fit to drive basically.

Your car must have been considered unraodworthy if that was on the fail sheet. There are two fail classes, one mentions the car is unroadworthy the other doesn't.

OP, where in f's name did you gather from the thread cancelling the draft was a good idea

Anan1

Our man in Havana wrote: »

The can be cancelled for sure but it would involve telling lies to the bank.

WHat lies? The OP can't claim it was lost or stolen, as it's made payable to the seller.

Our man in Havana

He could tell a lie and say it was stolen or whatever. The bank would accept that at face value and cancel the draft. A very dangerous game to play as it gives the payee the slam dunk course of action against the OP for a bounced cheque.

Nonoperational

Some people really worry me the way they think. You have the car one day. One day. A bit of a rattle and a bit of fluid somewhere under the car and you want to cancel the draft without even contacting the seller. Are you for real?

He gave you a 3 month warranty and guaranteed a NCT pass and you won't even give him the chance to fix the car. What car is it and how much did you pay? If you cancel the draft (which I don't know if you can) then you have basically stolen the car. What a joke. God help people trying to deal with you.

shamwari

Our man in Havana wrote: »

The can be cancelled for sure but it would involve telling lies to the bank.

Also it gives the seller a bombproof way to sue you for cancelling the draft.

100% correct. It is not a good idea to tell porkies to the bank. A draft is effectively the same as cash and can only be stopped under a very narrow range of conditions. After all, you can't cancel or stop a €20 note, can you?

Also, if the OP did stop the draft, the seller could take legal action against him / her for the amount involved, and also (possibly) for defamation - especially if the OP tells the bank that the draft was stolen or misappropriated in some way.

I sued my former bank for same after they cancelled my credit card in error, and I found out the hard way when I went to use it to pay for meal with a large group of friends. That episode was very embarrassing for me to put it mildly and a very costly mistake for the bank.

Anan1

Our man in Havana wrote: »

He could tell a lie and say it was stolen or whatever. The bank would accept that at face value and cancel the draft.

Would they? The bank has the OP's signature on the details provided when the draft was issued, and the seller has proof that they are the intended recipient.

professore

Talk to the garage - go up there with the car, not over the phone. Ask them nicely to fix it. If they don't fix it tell them you are going to the small claims court and if they still don't fix it actually do it. Simple. The problems you outline sound like easy enough fixes.

professore

professore wrote: »

Talk to the garage - go up there with the car, not over the phone. Ask them nicely to fix it. If they don't fix it tell them you are going to the small claims court and if they still don't fix it actually do it. Simple. The problems you outline sound like easy enough fixes.

Yeah I don't think it's anything major.

I rang them and they said bring it up.

I'll get her to bring it to a main dealer and get them to do a full service on it anyway. In fact maybe we should just bring it to a main dealer and not return it to the garage of purchase because I don't trust them to fix it properly and it might be worth it for peace of mind, certainly that's the way my mother is thinking!

By the way the bank said she would have to go in and fill out a form in order to cancel the draft!

drunkmonkey

Deleted User wrote: »

Yeah I don't think it's anything major.

I rang them and they said bring it up.

I'll get her to bring it to a main dealer and get them to do a full service on it anyway. In fact maybe we should just bring it to a main dealer and not return it to the garage of purchase because I don't trust them to fix it properly and it might be worth it for peace of mind, certainly that's the way my mother is thinking!

By the way the bank said she would have to go in and fill out a form in order to cancel the draft!

Are you nuts taking it a main dealer for a full service, that could cost you up to €2000 or above, let the garage you bought it fix it up.
What year and what kind of car is it, do you mind me asking how much it cost.
Don't let your mam get upset about this I know how they can be, keep calm and take it back to the garage. Forget about main dealer for the moment unless it's a specialist car that's pretty new.

shamwari

OP I think you went for the jugular without needing to. If you had have cancelled that draft, you could have landed yourself in a great pile of poo. The right thing and the smart thing to do was to ring them first

keysersoze0330

drunkmonkey wrote: »

Are you nuts taking it a main dealer for a full service, that could cost you up to €2000 or above, let the garage you bought it fix it up.
What year and what kind of car is it, do you mind me asking how much it cost.
Don't let your mam get upset about this I know how they can be, keep calm and take it back to the garage. Forget about main dealer for the moment unless it's a specialist car that's pretty new.

+1

Keep it calm man, jeez what would you go near a main dealer for

Take it back, get it sorted, everyone happy. Good luck

omb0wyn5ehpij9

Deleted User wrote: »

Yeah I don't think it's anything major.

I rang them and they said bring it up.

I'll get her to bring it to a main dealer and get them to do a full service on it anyway. In fact maybe we should just bring it to a main dealer and not return it to the garage of purchase because I don't trust them to fix it properly and it might be worth it for peace of mind, certainly that's the way my mother is thinking!

By the way the bank said she would have to go in and fill out a form in order to cancel the draft!

Have you actually read one bit of advice that is in this thread?

Well lads it's not my choice at the end of the day and I have to respect my mothers decision, I can only advise as usual lol!

If they said it was serviced and not how is she to believe the car was fixed right?

The car is an 03 1.2 Micra automatic 45000 miles. Cost 4K It was bought form a dealer in Ballymount no names of course!

If her taking it to a main local Nissan dealer for a full service and to repair makes her feel safer in the car then that's good enough for me, at the end of the day it's her car and her money!

Just to add, I personally wanted her to spend twice what she paid for a better car, but she just wanted a run around and was not prepared to pay extra against my advice!

I wanted her to get a Mazda Demio 1.3 auto that has a Mazda engine and not a poxy ford engine they stick in the European cars! I like mazda engines and they go forever, in fact the mazda would have been a much better car, but again I can only advice!

EPM

You wanted her to spend 8k on a Mazda Demio?

Berty

Berty wrote: »

You wanted her to spend 8k on a Mazda Demio?

No the Demio was 5500

But I had advised her to get that because it was the best car in that price range! (the best we could find around here)