can i get refund on car i bought??

dublinjackine

Hi everybody long time viewer,first time poster,I bought a car a few months ago for 20000 and traded in my old car for 5000 the car had a number of small defects which i was aware of so it was left in twice for that to be repaired,however i was driving it a last month and the brakes locked and i had to pull over and the smell was unbearable i left it back to be fixed when i received it back i thought the problem was resolved though 2 weeks later the same thing happened again with the children in the car, this time more sudden i was terrified as it was on a busy road i left it back now and i currently have no car at the moment ive giving the dealership plenty of time to replace it but i feel now that won't happen,my question is would it be best to go down the legal route?,or go on the airwaves and camp outside this premises with a plaque around my neck?

upandcumming

dublinjackine wrote: »

Hi everybody long time viewer,first time poster,I bought a car a few months ago for 20000 and traded in my old car for 5000 the car had a number of small defects which i was aware of so it was left in twice for that to be repaired,however i was driving it a last month with my kids in the car and the brakes locked and i had to pull over and the smell was unbearable i left it back to be fixed when i received it back i thought the problem was resolved though 2 weeks later the same thing happened again with the children in the car, this time more sudden i was terrified as it was on a busy road i left it back now and i currently have no car at the moment ive giving the dealership plenty of time to replace it but i feel now that won't happen,my question is would it be best to go down the legal route?,or go on the airwaves and camp outside this premises with a plaque around my neck?

Don't do either of these anyway.

coylemj

€20,000 is a lot of money to spend on a secondhand car. Without naming the dealer, can you tell us if it was a main dealer and if you signed anything which acknowledged that the car was being sold with faults. In relation to the known faults and consumer rights, nobody is allowed sell you a car intended to be driven on public roads which has dangerous defects.

Why on earth did you hand over the money before the faults were fixed?

dublinjackine

upandcumming wrote: »

Don't do either of these anyway.

why do you say that?

dublinjackine

coylemj wrote: »

€20,000 is a lot of money to spend on a secondhand car. Without naming the dealer, can you tell us if it was a main dealer and if you signed anything which acknowledged that the car was being sold with faults. In relation to the known faults and consumer rights, nobody is allowed sell you a car intended to be driven on public roads which has dangerous defects.

Why on earth did you hand over the money before the faults were fixed?

they were minor body scratches,it was a main dealer and we signed a simi contract with details of bodywork that needed to be done (and found out there not simi registered) when they told me they were

Procrastastudy

dublinjackine wrote: »

go on the airwaves and camp outside this premises with a plaque around my neck?

Never works the person always looks like a nut job or a stupid nut job.

Solicitor might be an idea given the guy misrepresented himself.

coylemj

GCDLawstudent wrote: »

Solicitor might be an idea given the guy misrepresented himself.

The 'SIMI' bit is just a logo on the paperwork, it doesn't form an intrinsic part of the contract so you couldn't rely on that deception to overturn the deal.

Procrastastudy

coylemj wrote: »

The 'SIMI' bit is just a logo on the paperwork, it doesn't form an intrinsic part of the contract so you couldn't rely on that deception to overturn the deal.

I was thinking that they would have some sort of guarantee like ABTA and by extension of something like Bowerman v ABTA there would be a misrepresentation as to the back up the OP would have.

Having looked at the SIMI website I can see that they don't actually seem to do very much! Certainly no guarantees of service. Yet another example of me needing to check things.

They do appear to have seven of nine from Star Trek working for them though - http://www.simi.ie/utilities/about_us.aspx

Sorry accessed this from the user CP and forgot it was in Consumer Issues not Legal Discussion.

dublinjackine

coylemj wrote: »

The 'SIMI' bit is just a logo on the paperwork, it doesn't form an intrinsic part of the contract so you couldn't rely on that deception to overturn the deal.

but all the legal stuff falls around that on the contract is there no way for people who spend alot of money on cars that had a fault which nearly killed them entitled to anything or do these gangsters always have the upper hand

Procrastastudy

Sorry I saw Coylemj and didn't click over that we were in the CI forum not the LS forum. Apologies for waffling on about the law as I'm a student I'm wrong most of the time so don't read into my post to much.

Realistically if you buy a second hand motor you are normally pretty snookered when it comes to any faults. It really depends on the specifics of your contract, whether it was an authorised dealer etc.

With this sort of money involved I'd personally seek legal advice. There are plenty of solicitors out there that will assess the case for free. What has the dealership said about swapping the car? Have you thought about getting it independently assessed? It could just be that the car has had an unfortunate fault that didn't get repaired properly the first time.

Did you do a check on the car before you bought it though one of those companies that list the history of faults etc?

As for being entitled to anything - legally (sorry off we go again) you don't get anything for near misses, you have to show damage before you can successfully sue anyone. (generally)

coylemj

dublinjackine wrote: »

but all the legal stuff falls around that on the contract is there no way for people who spend alot of money on cars that had a fault which nearly killed them entitled to anything or do these gangsters always have the upper hand

Actually if you are a consumer and the car was sold to you in a dangerous condition, it doesn't matter a XXXX what's in the contract. You should demand your money back and if the dealer refuses, talk to a solicitor.

upandcumming

They won't be giving you a replacement car. And they more than likely aren't 'gangsters'.

Sometimes problems are intermittent and times they don't show up when the mechanic is looking at the car. Looking at your original post, I can nearly say for sure that the car was sold in good condition.

You haven't told us enough information. What make and model of car? What year? When did you buy it? How long did it take for the problem to start?

dublinjackine

upandcumming wrote: »

They won't be giving you a replacement car. And they more than likely aren't 'gangsters'.

Sometimes problems are intermittent and times they don't show up when the mechanic is looking at the car. Looking at your original post, I can nearly say for sure that the car was sold in good condition.

You haven't told us enough information. What make and model of car? What year? When did you buy it? How long did it take for the problem to start?

got the car replaced by the way just goes to show if you stand your ground and not listen to negative comments you get the result you want, (maybe the people of this country should do the same)

whiterebel

dublinjackine wrote: »

got the car replaced by the way just goes to show if you stand your ground and not listen to negative comments you get the result you want, (maybe the people of this country should do the same)

Well done.

monkeysnapper

can you tell us what car you originaly bought and what car they replaced it with, thanks