New car BROKEN after 6 days :(

Aussie201

Hi all,

I recently bought a second hand car for myself, a 2000 Mercedes A 160 ( Automatic) from a car garage up in dublin by the airport on swords road. I have literally had this car for less then a week and noticed the first gear slipping ( feels like it's skidding on ice when I accelerate) So anyways I was planning on bringing the car back to have it checked, but a day later as I was driving from Limerick the car went into " Limp Mode". It's a safety feature mercedes have built in that enables the driver to drive home or to the nearest car without going about 15 kph. The transmission display on the dash went from showing a D to an F. I googled this and found out the problem was roughly with the Transmission which is ALWAYS a costly job.
I Rang up the dealer, not happy one bit that this happened but I kept my cool and explained the problem to him and he was more then happy to fix it ( as its under a 3 month warranty which the garage has). I told him that I live down the country and that's where the car is as I had to get a tow truck from AA to bring the car back from limerick where it broke down.

That's when the sh*t hit the fan.

He started to give out saying it's not his responsibility to have the car towed back to dublin to fix the car and that I'm supposed to pay the cost. I got a quote and that's approx 450 euro!

Now I have a car in my driveways that's just an expensive paper weight. Anybody else have any experience in this situation??
I rang Consumer Affairs, they said he is completely in the wrong and that I have a choice to return the car with 7 working days ( cooling off period). But this dealer just isn't hearing it saying he is taking it up with his solicitor.
How do I go about sorting this mess out? Solicitor? Pay for the tow charge and take him to the Small Claims court to compensate?

Ms Minnie Mouse

Sorry, have to ask, cash or finance?

mbiking123

http://www.simi.ie/consumer_information/frequently_asked_questions.aspx

A: A warranty is a written promise to fix certain problems if they arise during a set period of time. All new cars come with a manufacturer's warranty, which represents a promise by the manufacturer. The warranty booklet will contain details such as the length of the warranty period which will vary between vehicle retailers and manufacturers.
Used cars warranties are determined by the consumer and dealer at the negotiation stage, the time of sale of the car and can vary greatly between dealers. You should request details of the warranty in writing, to determine what exactly is cover under the warranty terms and also the duration of the warranty period.

Is dealer SIMI and what does warranty say ?

Aussie201

Ms Minnie Mouse wrote: »

Sorry, have to ask, cash or finance?

Bought with cash for 2750 euro

Aussie201

mbiking123 wrote: »

http://www.simi.ie/consumer_information/frequently_asked_questions.aspx



Is dealer SIMI and what does warranty say ?

Not too sure if dealer is SIMI .. Was told by Consumer Affairs to contact them either way. In Regards to the warranty, I have a company letterhead sheet with details of the car, my name and address, collection date and where it says warranty it's written as 3 Months.
I have tried ringing the dealer numerous times now over the last 2 days but he won't return my calls. Very disappointed with this garage as they seemed nice and genuinely happy to help its customers.

Ms Minnie Mouse

I know my car insurance covers recovery after mechanical breakdown, have you checked your policy?

Aussie201

To tow it to dublin to the dealer it wouldn't be considered recovery as the car is already at my home address. And also with AA your only permitted 1 long haul recovery, which I had to use when I broke down outside Limerick. Honestly don't know what to do and I'am now left stranded without a car, AA offered a car but for only 2 days.

Ms Minnie Mouse

Where are you living?

Aussie201

Kerry area just outside Tralee.

Ms Minnie Mouse

Oooooh...nasty.

If I think of anything I'll let you know.

PM me the name of the dealer if you want - I might know of them or know someone there through my job.

Aussie201

Tell me about it..

Just sent you a pm there, anything at all would be appreciated Ms Minnie!

rab!dmonkey

From what I remember from Junior Cert Business Studies, if you are sold something that isn't up to scratch by a business (buying from an individual is different) you are entitled to a refund, replacement or repair and that's it. You'd probably have to sue for any other sort of cost.

Imagine if the first thing you had done with the car was put it in a box and shipped it to Australia: would you still expect the dealer to fork out shipping back to Ireland?

Aussie201

rab!dmonkey wrote: »

Imagine if the first thing you had done with the car was put it in a box and shipped it to Australia: would you still expect the dealer to fork out shipping back to Ireland?

True. I would agree with that statement to a certain degree if the issue was minor. But the car's transmission shouldn't of failed, not within a week of having it. If they are not willing to have it towed back to their own garage then they must tow it to a nominated garage of their's to be fixed that's still covered by their warranty.
They certainly can't just leave me in the dark and expect me to fork out 500 euro for a tow back to Dublin that should never of been required in the first place. I bought a car that I thought was going to be reliable, as I was assured it was by the dealer.

Victor

Aussie201 wrote: »

New car BROKEN after 6 days

Aussie201 wrote: »

I recently bought a second hand car

Aussie201

The car is NEW to me, overall it's second hand

BostonB

How did you expect the warranty would cover you considering you don't live in Dublin but the other side of the country?

eyesquirm

Victor wrote: »

Victor, your post is of no help whatsoever.

Aussie201

BostonB wrote: »

How did you expect the warranty would cover you considering you don't live in Dublin but the other side of the country?

Consumer Affairs.

BostonB

Aussie201 wrote: »

Consumer Affairs.

That was your plan for any issue. Seriously?

mbiking123

Ya, you told the truth all along

michael999999

BostonB wrote: »

How did you expect the warranty would cover you considering you don't live in Dublin but the other side of the country?

A car is for driving, are you trying to say that if the car is driven a certain radius from the garage your warranty is void?

Aussie201

BostonB wrote: »

That was your plan for any issue. Seriously?

If you can't post something helpful, don't post anything at all to save yourself the time..seriously

BostonB

michael999999 wrote: »

A car is for driving, are you trying to say that if the car is driven a certain radius from the garage your warranty is void?

No I'm saying if you buy a car and live 200 miles from it, you want to check is towing covered by the warranty. Its sounds like the garage is willing to look after the car if its brought to them, but they are not obliged to do the towing.

You'd have to check the warranty. I couldn't find any information of whats normally covered in terms of towing. But I can't imagine towing a car from any place in the world would be covered.

FreudianSlippers

Moved from Legal Discussion.

MarkR

In fairness, I don't see how the dealer should have to pay to get your car to his premises. If you bought a car in dublin, and then brought to the other side of the country, I think it would have to be your own responsibility to get the car to dublin.

What if you'd bought it to the UK?

BigCon

Look, it's as simple as this - the dealer is responsible for fixing the car.
You are responsible for giving the car back to him to fix.
/Close thread.

P. Breathnach

Some years ago I bought a s/h car from a dealer 100 km from my home. It came with a 3-month guarantee. The transmission failed near home a few days after collection. It never crossed my mind to require the dealer to collect the car. I phoned him to discuss how we address the problem. He did actually mention, somewhat ruefully, having the car transported to his workshop, but I suggested that he supply the parts (he was a dealer for the make) and that we use my local independent mechanic in whom I had confidence, and who was not very expensive.

Satisfaction all round.

Aussie201, it looks as if you made a mistake in using your one recovery entitlement in having the car moved to the wrong place. It also looks as if your relationship with the dealer has gone bad, but it might be worth trying to re-establish contact and work towards a negotiated solution.

dudara

I think this might be better off in Motors.

TBH - The dealer has offered to fix it, which is what he should do. But the car is in Limerick and I think it's unfair for him to pay towing costs to bring it to him.

Perhaps do as a previous poster suggested. See can you work out a deal where is it repaired at a local garage and he covers the cost.

colm_mcm

I hope this garage isn't the one that pops up here from time to time with a few different names, used to sell clocked imports?

Aussie201

colm_mcm wrote: »

I hope this garage isn't the one that pops up here from time to time with a few different names, used to sell clocked imports?

Can you pm me more details of this?

Aussie201

BigCon wrote: »

Look, it's as simple as this - the dealer is responsible for fixing the car.
You are responsible for giving the car back to him to fix.
/Close thread.

And you know this how?

From what my solicitor is saying and consumer affairs, you are wrong. He should either have it towed to his own garage, or pay to have it fixed in a local garage.

Aussie201

MarkR wrote: »

In fairness, I don't see how the dealer should have to pay to get your car to his premises. If you bought a car in dublin, and then brought to the other side of the country, I think it would have to be your own responsibility to get the car to dublin.

What if you'd bought it to the UK?

Irrelevant, I didn't bring it to the UK. I bought it in the country and it broke down in the country. He sold me a car that had a major fault, he lied about it being in excellent mechanical order and now he is refusing to address the problem by ignoring my emails and phone calls.

Right now, I want the car returned and my Money back. I will exercise my right to return the car within the 7 day cooling off period. If this problem happened outside the 3 month warranty I would've been 3 grand out of pocket and with no car. And what's to say that another major problem won't arise after the warranty expires..no thanks!

Redsoxfan

As far as I can see, the 7 day cooing off period only applies to an 'online dealer'

I would assume that this means that you wouldn't have had the chance to inspect the car before buying, e.g. like those UK import companies, or if you actually complete the transaction online. Does this apply in your case?

As this is a major fault, you still have the right to reject the goods as far as I can see. The repair/replacement option only appears to be available to the seller when the fault is minor.

MarkR

If you bought an item online, then you'd expect to have to send it back, but have them pay for shipping. Your point of sale for distance selling is your delivery address.

You bought the car, and took it well out of the area the seller sells too. You would have to bring it back to where you bought it.

If you do hear other from a solicitor or something, I'd like to hear it. I've bought cars from all over before, and could prove useful later!

Saab Ed

OP, I have a guy with a proper 9 car transporter who'll tow it back up to Dublin for a fraction of that cost. Now you might have to wait a few days but his a good sort. I'll PM you now.

MidlandsM

Saab Ed wrote: »

OP, I have a guy with a proper 9 car transporter who'll tow it back up to Dublin for a fraction of that cost. Now you might have to wait a few days but his a good sort. I'll PM you now.

yes OP, boardsies to the rescue, I can have my very own truck and driver do it for you too.
PM me if that helps!:)

Yakuza

The title of the thread was misleading.
There's a hell of a difference between an almost 12-year old car breaking down after 6 days and a car driven off a forecourt with only delivery mileage on it breaking down after 6 days.

Did you have a independent mechanic look at it before buying? That should be a thing you definitely do when buying a second hand car, unless you're handy enough yourself with cars.

I think what can reasonably expected is that the recovery would be on your dime, the repair on his. As has been suggested elsewhere, maybe you can arrange a local repair, paid for by the dealer?

MidlandsM

pm replied to.

kildare.17hmr

op you need to stop blaming the dealer and saying he knew the car was not perfect. Its a second hand car and things can go wrong at any time, Thats why you have a warranty! Iv had cars come back after a day or 2 with issues just like every other lad on here in the trade, it happens and as for your comment about something else going wrong after the warranty expires unfortunately that can happen with ANY car

I had this a few times when i sold cars to people a fair bit away from the garage, we would collect cars if we could but it was not alway possible but we are not required to.

If you bought a lap top in a shop in Dublin or anything else would you tell them to cover the cost to bring it back for repair?

Terrontress

http://www.aclassinfo.co.uk/mypage.1.htm

This guy above will give you advice if you need to get it fixed yourself. I think you need to buy a cd rom off him before he'll give advice but it is only a few quid.

Aussie201

kildare.17hmr wrote: »

op you need to stop blaming the dealer and saying he knew the car was not perfect. Its a second hand car and things can go wrong at any time, Thats why you have a warranty! Iv had cars come back after a day or 2 with issues just like every other lad on here in the trade, it happens and as for your comment about something else going wrong after the warranty expires unfortunately that can happen with ANY car

I had this a few times when i sold cars to people a fair bit away from the garage, we would collect cars if we could but it was not alway possible but we are not required to.

If you bought a lap top in a shop in Dublin or anything else would you tell them to cover the cost to bring it back for repair?

Again, I didn't buy a laptop..It's Irrelevant! Shipping for a laptop-20 euro. Having a car transported 450-500 euro. That's a substantial difference. Also taking into account the car itself is only worth 3000. That's around 17% of the value of the car which I'd have to pay then on top of the sale price..I don't think so!

I have decided that I will pay to have the car transported up, but I am taking the dealer to the small claims court for costs.

mickdw

kildare.17hmr wrote: »

If you bought a lap top in a shop in Dublin or anything else would you tell them to cover the cost to bring it back for repair?

Alot of computers come with a pick up and return warranty so your example is an unfortunate one:D

Aussie201

Yakuza wrote: »

The title of the thread was misleading.
There's a hell of a difference between an almost 12-year old car breaking down after 6 days and a car driven off a forecourt with only delivery mileage on it breaking down after 6 days.

Did you have a independent mechanic look at it before buying? That should be a thing you definitely do when buying a second hand car, unless you're handy enough yourself with cars.

I think what can reasonably expected is that the recovery would be on your dime, the repair on his. As has been suggested elsewhere, maybe you can arrange a local repair, paid for by the dealer?

Yes, I had the car inspected before buying. I also know quite a bit about cars myself. Seemed suspicious that the car only had 55k miles up on it but the dealer seemed genuine. I'll also be looking into this further as I don't trust the dealer anymore.
The dealer was going to arrange repair at a local garage, but when he found out the rough cost of this kind of job (1200-1500) he said to bring it up to him.

Compton

I also really can't see why the dealer should foot the bill for transporting the car back to the garage..

BostonB

Aussie201 wrote: »

Again, I didn't buy a laptop..It's Irrelevant! Shipping for a laptop-20 euro. Having a car transported 450-500 euro. That's a substantial difference. Also taking into account the car itself is only worth 3000. That's around 17% of the value of the car which I'd have to pay then on top of the sale price..I don't think so!

I have decided that I will pay to have the car transported up, but I am taking the dealer to the small claims court for costs.

This is why if you need the cover of a warranty, you buy a car in somewhere you can get to easily. Not the other side of the country.

Aussie201

shblob wrote: »

I also really can't see why the dealer should foot the bill for transporting the car back to the garage..

But why should I...?

cast_iron

Aussie201 wrote: »

But why should I...?

Well following on form that argument, who else is there?

You bought it from someone that live hundreds of kms away, and with that goes the risk of if something goes wrong, getting it back. All the comparisons above of laptops and stuff is entirely relevant as a comparison. There's alot to be said for buying local.

Aussie201

BostonB wrote: »

This is why if you need the cover of a warranty, you buy a car in somewhere you can get to easily. Not the other side of the country.

So I'm not entitled to drive MY car around the country? The dealer knew were I resided, he had NO issues with it when he was printing out the warranty and happily taking payment.

BostonB

Its got nothing to do with that. If you want a tow from anywhere in the country you should make sure the warranty covers that. Because it wouldn't be usual.

Seth Brundle

mbiking123 wrote: »

http://www.simi.ie/consumer_information/frequently_asked_questions.aspx
Is dealer SIMI and what does warranty say ?

Aussie201 wrote: »

Not too sure if dealer is SIMI .. Was told by Consumer Affairs to contact them either way.

SIMI are a waste of time. They are there to protect their members, not the customer!

Aussie201

cast_iron wrote: »

Well following on form that argument, who else is there?

You bought it from someone that live hundreds of kms away, and with that goes the risk of if something goes wrong, getting it back. All the comparisons above of laptops and stuff is entirely relevant as a comparison. There's alot to be said for buying local.

As mentioned above, most laptops and iphone's or whatever have their warranty honoured, WHEREVER they live IN the country. The company sends out a prepaid sticker or box and you pop your product in and send it away FREE of charge to be fixed.