dodgy dealer

altezza200

hi guys new to the forum. and im looking for some advice??

i bought a jeep cherokee 98 tested and very low milage last week for a steel off a garage man. in mayo. he told me and a friend that the diesel pump was gone. no problem as i had 1. so we braught it home on the aframe and i was delighted. until i fitted the pump. nothing still no start. tried to tow it but the clutch would not disengage. minor set back. but to my disapointment we noticed he had given us the wrong key. imobalized jeep sitting outside the house. GREAT.

the next day i rang the garage man and asked about the key. he claims he is selling it for some one in dublin and will ask them about the key and log book. 3 days later and still no answer. im out alot of money at this stage and now he wont even answer the phone.

what do i do. ths man is well known in his comunity the jeep was known by a few people to be at his premisis.

i feel like i was sold a vehicle under false pretences ??????????????

please help

drunkmonkey

You did buy something that didn't work which is insane, I know I done it once, never again. I'd take it back up and get your money back.

altezza200

yes but surly as he is a garage owner he sold it to me under false pretences?

altezza200

plus i payed 150 to have pump fitted.....

drunkmonkey

altezza200 wrote: »

yes but surly as he is a garage owner he sold it to me under false pretences?

He's given you the wrong key, he needs to sort that out but changing the diesel pump may have fixed the other problem. Buying a car/jeep that doesn't turn over you need to budget into the cost of buying and changing the engine.

As he's a dealer your entitled to your consumer rights if your not a trader, take it back and get your money back. Don't even entertain the idea of keeping it. Do it now while you only have it a few days.

altezza200

but you see this is the problem it did turn over it wasnt till i got home that i realised he had simply tricked the ignition into thinkiing it was the right key what makes it worce is that its a jeep key but from the older series.

drunkmonkey

find out how he started it, get it running and see is it ok, if he doesn't tell you how he done it and is sorting out the key or giving you money for a new key, i'd trailer it straight back to him.

altezza200

hmmmmmm bit of a sickner. and could i charge him for the cost of fitting the pump.

drunkmonkey

altezza200 wrote: »

hmmmmmm bit of a sickner. and could i charge him for the cost of fitting the pump.

You could try. I don't fancy your chances though. He should give you money for for a key though if that's all that's wrong and he can't get the other one. I'd suspect there's probably a heap of other problems that haven't even seen yet.

coylemj

You bought it knowing that a significant component wasn't working. Did you by any chance sign a document stating that the car was sold 'as seen' or did you sign anything which included something along the following lines....


it is agreed between the seller and the buyer that the vehicle is not intended for use in the condition in which it is to be delivered to the buyer under the contract

?

Del2005

coylemj wrote: »

You bought it knowing that a significant component wasn't working. Did you by any chance sign a document stating that the car was sold 'as seen' or did you sign anything which included something along the following lines....


it is agreed between the seller and the buyer that the vehicle is not intended for use in the condition in which it is to be delivered to the buyer under the contract

?

AFAIK "Sold as seen" isn't worth the paper it's written on when selling to a consumer.

If they state on the receipt that the water pump is gone or is engine dead etc you can't bring it back for that which has been pointed out prior to sale, but consumer law stands for the rest of the car. It has to be fit for purpose

MugMugs

coylemj wrote: »

You bought it knowing that a significant component wasn't working. Did you by any chance sign a document stating that the car was sold 'as seen' or did you sign anything which included something along the following lines....


it is agreed between the seller and the buyer that the vehicle is not intended for use in the condition in which it is to be delivered to the buyer under the contract

?

Means nothing. You can't disclaim your rights. It's seen a trickery by the courts.

altezza200

i got no slip of paper. and he claims he is selling it for some one else. and is refusing to take it back and im after paying for to get a diesel pump fitted.


please guys what do i do

altezza200

altezza200 wrote: »

but you see this is the problem it did turn over it wasnt till i got home that i realised he had simply tricked the ignition into thinkiing it was the right key what makes it worce is that its a jeep key but from the older series.

He had simply what?

Big Nasty

altezza200 wrote: »

i got no slip of paper. and he claims he is selling it for some one else. and is refusing to take it back and im after paying for to get a diesel pump fitted.


please guys what do i do

You paid the dealer for it OP, not someone else. He's responsible for it. He's entitled to sort the problem for you be either replacing, refunding or repairing - his choice not yours.

Personally, as he is refusing to do anything for you, I would land back up with it and happen to have a couple of large buddies with you (not threatening, just there) and refuse to leave until you get your cash back. You'll probably have to take a loss on the fuel pump I would imagine.

You don't want the thing anyway, suffer from injector problems and cost sh1tloads to fix.

altezza200

RoverJames wrote: »

He had simply what?

jammed the ignition its called tricking. you push in the key (has to be from same vehicle). hold in the barrel and jiggle the key untll it twistes.

altezza200

no not that one

MarkR

So it tried to turn over, didn't start because of the immobiliser, and he said the fuel pump was the fault?

You've got little in the way of options. You can turn up and look menacing, you can go the small claims route, or you can go looking for a new ignition barrel and keys. Maybe matched ecu if it has an immobiliser.

*Note - I'm not a mechanic, only relying on guesswork from what I've read etc*

Maybe something like this?

http://www.ebay.ie/itm/GRAND-CHEROKEE-WJ-3-1TD-ECU-KEY-REMOTE-FOB-COMPLETE-SET-/130631194843?pt=UK_CarsParts_Vehicles_CarParts_SM&hash=item1e6a39d8db#ht_500wt_1287

http://www.ebay.ie/itm/JEEP-CHEROKEE-LOCKS-AND-KEY-1999-CAR-/200707695028?pt=UK_CarsParts_Vehicles_CarParts_SM&hash=item2ebb1c61b4#ht_500wt_1054

altezza200

i no how to fix it i just dont have time or funds i was out near 300 on changing pump.

altezza200

wats small claims

Big Nasty

altezza200 wrote: »

wats small claims

opposite to big claims

MarkR

http://courts.ie/courts.ie/Library3.nsf/PageCurrentWebLookUpTopNav/Small%20Claims%20Procedure

coylemj

MugMugs wrote: »

Means nothing. You can't disclaim your rights. It's seen a trickery by the courts.

Would you care to explain what this section is about then....

22.—For section 55 of the Act of 1893 there shall be substituted the section set out in the following Table:

Exclusion of implied terms and conditions.

55.—(1) Subject to the subsequent provisions of this section, where any right, duty or liability would arise under a contract of sale of goods by implication of law, it may be negatived or varied by express agreement, or by the course of dealing between the parties, or by usage if the usage is such as to bind both parties to the contract.

http://www.irishstatutebook.ie/1980/en/act/pub/0016/print.html#sec22

I know it doesn't apply in this case because the OP didn't sign away his rights as a consumer but clearly there is provision in law for someone to purchase an item where the seller and buyer declare in writing that there is no warranty of any kind. I expect that anyone selling a car for parts would cover his ass by getting the buyer to sign such a disclaimer.

lifer_sean

@OP, did you tow the Jeep away or drive it away ?

If you towed it away, then you clearly bought it as a non-runner, and it was "not fit for use" as you bought it on the understanding you needed to repair it before use. You would need proper legal advice, but I struggle to see how this one would be covered by the sale of goods act.

I have bought non-runners in the past. It's a total gamble. Bought a van needing a gearbox, and got away with a driveshaft. Bought a car needing a starter and had to put an engine in it. You win some, you lose some.

Now if you drove it off the dealer's premises, then it's a different story.

Vic_08

coylemj wrote: »

Would you care to explain what this section is about then....

22.—For section 55 of the Act of 1893 there shall be substituted the section set out in the following Table:

Exclusion of implied terms and conditions.

55.—(1) Subject to the subsequent provisions of this section, where any right, duty or liability would arise under a contract of sale of goods by implication of law, it may be negatived or varied by express agreement, or by the course of dealing between the parties, or by usage if the usage is such as to bind both parties to the contract.

http://www.irishstatutebook.ie/1980/en/act/pub/0016/print.html#sec22

I know it doesn't apply in this case because the OP didn't sign away his rights as a consumer but clearly there is provision in law for someone to purchase an item where the seller and buyer declare in writing that there is no warranty of any kind. I expect that anyone selling a car for parts would cover his ass by getting the buyer to sign such a disclaimer.

The condition of the vehicle and it not being in working order would have to be properly documented though, not the usual "sold as seen" or "trade sale" BS that is typical of dodgy dealers trying to offload faulty cars on unsuspecting punters.


I am still puzzled by the dealer seemingly forcing the ignition with the wrong key and being able to bypass the imobiliser by doing so. Unless Jeeps have the worst imobilisers ever made nothing but a key with the correct chip should start it.

lifer_sean

Just thought of something else ... in many cases isn't the immobiliser paired to the injector pump, not the ECU? This was certainly the case for the Astra diesels of that vintage, and I think the Ford Courier vans. So if you swopped the pump, then it's not surprising it wouldn't start ?

Is there an electronics module on the pump that you can swop from your old pump ?

meg3178

Did you get the log book? This sounds dodgy.. have you checked its previous owners? The jeep doesn't belong to you until the log book has been changed. Perhaps you can use this as well. Go to the citizens information and see if you can get some legal advice there. Good luck with this.

bbam

Had a similar experience recently...
Bought a jeep sold as "solid, just needing a good service", found 2 glow plugs broken in the head, ABS light constantly coming on, diesel leak at injectors and what probably was DMF near its end... None of which could be seen on an inspection and would have needed engine covers removed to find..

Was a cash sale with no warranty..
However, I spoke to a solicitor and even with no warranty the vehicle should be "fit for purpose".. They cannot sell a vehicle with major mechanical faults and not point them out...

Some over and back but I got my cash back... very relieved..

V Eight

I hope this entire thread has been made up! Please restore my faith in humanity.................someone paid money for a... not the most reliable vehicle in the world cherokee that didn't run - OMG

MugMugs

V Eight wrote: »

I hope this entire thread has been made up! Please restore my faith in humanity.................someone paid money for a... not the most reliable vehicle in the world cherokee that didn't run - OMG

I'm quite perplexed over the OPs situation myself.