i dont know if im in the right section but can anyone help with this please???

amandaheeney

hi, i bought a car a few weeks ago from a garage in longford, it had no warranty with it, the dealer said that the electrics needed to be fixed and the battery and that was all. so i done this then 8 days later the engine went on it. its going to cost 1500 to get fixed. now i sent a solicitor letter to them to ask of this but they refused. they said i bought the car at trade value? i dont understand. do i have any rights to my car being fixed by them? please can u help me.

S28382

Sorry to hear about your situation you will prob get loads of advice on here some right and some wrong but to be honest id just let your solicitor handle it, it might be a good idead to post this in the consumer section of boards they might tell you the best course of action.

Veloce

Your car appears to have been 'sold as seen'. Maybe someone else on here can clarify if a dealer is permitted to sell a car at trade value to a private individual?

Also there is an issue regarding the warranty- Is the dealer obligated to provide some sort of a warranty?

amandaheeney

thank you...

TheBody

It really pi$$es me off when car dealers do this. What a terrible business model. The op, her extended family and her friends are clearly never gonna buy from this dealer again.

My wife bought a car from a dealer in Dublin. They service and respect they offered was just fantastic. As a result of her experience, her brother and I bought our cars there too. We also had similar experiences.

goz83

A dealer cannot sell a vehicle to a consumer at trade value. A dealer can only sell to a business in this way. This was recently covered here within the last fortnight. OP, do you have a receipt? Does it state "sold as seen"? If it does not, it was not sold as seen.

You are best to let your solicitor deal with this if you have no idea of what t do, but make sure your legal costs stay reasonable here. You can bring the dealer to the small claims court to get it sorted. You don't need a solicitor to do this, but it is your call. Sorry to hear about your trouble.

amandaheeney

thank you so much for ur help. i will talk to my solicitor again today about it. hopefully i can get it sorted soon...

readytosnap

http://www.nca.ie/index.jsp?p=133&n=177&a=349

PauloMN

3 month engine and gearbox cover is the bare minimum cover a dealer can provide as far as I know to a consumer - although I cannot find any link to this. Small claims court would be the route to go imo. I would not bother with a solicitor for €1500, you'd have that spent on a solicitor in no time.

You are not in the trade I presume, therefore it is not a trade sale - you are a consumer. That being the case I think you should at least try to get the car fixed by the dealer via the small claims court. It's a cheap one-off payment (€25 I think) and you can claim up to €2000 through it.

amandaheeney

can i still go to a small claims court even though he said there was no warranty with it?

readytosnap

see the link i posted, even without a warranty it still has to be fit for purpose

amandaheeney

great thank you....

Veloce

amandaheeney wrote: »

can i still go to a small claims court even though he said there was no warranty with it?

He said this before you paid him? Also do you have a copy of the sales invoice/receipt? Does it state anything about it being a trade sale or having no warranty?

L-M

Just before this thread gets deeper, let there be no "Naming and shaming", calling the Dealer a "scumbag" etc.

Any of these posts will be deleted without warning and any repeat offenders will face bans.

If you have a problem with this, do not take this up on thread and PM me or my fellow mods.

L-M

readytosnap wrote: »

see the link i posted, even without a warranty it still has to be fit for purpose

Of merchantable quality – it should be of reasonable, acceptable quality given the age and history of the car


Fit for the purpose intended and roadworthy

As described – it should match the description given verbally or in an advertisement.


Going what the OP has said, the car was bought knowing there was work needed to be done. Unless something went wrong that was an obvious fault at the time of purchase that the garage should of known about, I don't think the OP has a case if it's something that happening during their, albeit short, period of ownership.

What exactly was the diagnosis for the engine going, OP?

kirving

Unless he gave it to you in writing(on your receipt or other document signed by both parties) that the car came with no warranty, he is liable I would think. Telling you there was a problem with wiring was fair enough, but for there to be serious engine problems so quickly, I'm guessing he about it.

amandaheeney

im not too sure of the exact reason why the engine went as i do not now alot about cars. all i was told was that there was something to do with the oil filter or something. (it had oil in it so that wasnt the problem) all i know is that i need a new engine and its gonna cost me money i dont have. all i wanted to know really was if there was no warranty do i have a case? yesx he said it was bought at trade value but after readin some comments on this he cant sell at trade value if im not in the car business. which i am not!

amandaheeney

No he never wrote on anything that there was no warranty i was just told.

L-M

Have you got a receipt?

What does it say?

amandaheeney

i dont have it anymore. when i left the car in the garage to get electrics fixed the reciept was in the car but its gone. it did not say anything about trade value, only the price/make of the car and i signed it.

mathepac

PauloMN wrote: »

3 month engine and gearbox cover is the bare minimum cover a dealer can provide as far as I know to a consumer - although I cannot find any link to this. ...

A dealer is not obliged to offer a warranty as consumer law protects the consumer. If a warranty is offered, it is in addition to the consumer's rights under law and does not replace the rights nor may it reduce them.

L-M

amandaheeney wrote: »

i dont have it anymore. when i left the car in the garage to get electrics fixed the reciept was in the car but its gone. it did not say anything about trade value, only the price/make of the car and i signed it.

I'd imagine you would need your receipt to work in or against your favour.

lifer_sean

@op, you definitely need legal advice on this one.

Normally a dealer sells a car as suitable for use and therefore "fit for purpose", and the consumer law protects you.

In this case, the car appears to have been openly sold with defects, that the customer undertook to repair themselves, so therefore it was agreed by both parties that the car was not "fit for purpose" and that the customer was going to do the work at their own expense to make it "fit for purpose".

The "interesting" legal issue here would be that the current problem is different to the defect that was highlighted at time of sale. So was it sold as "needing work before use, for example an electrical problem" or "only needing an electrical problem sorted, and is otherwise okay for use" ? This is what you need your solicitor's help on.

BTW, unless it's a modern diesel or something exotic, 1500 sounds a lot for replacing an engine. You would typically buy a secondhand petrol engine for 300-400 euro (highly dependent on car), and something like the same to fit.

amandaheeney

its not a second hand one i got the price for. its a diesel engine and its for 1.6l... i priced one out of a Peugeot dealership and it was nearly 2500.... the engine is costing 1100 and 400 to have it installed.


thank you for your help

lifer_sean

amandaheeney wrote: »

its not a second hand one i got the price for. its a diesel engine and its for 1.6l... i priced one out of a Peugeot dealership and it was nearly 2500.... the engine is costing 1100 and 400 to have it installed.


thank you for your help

That makes some sense, there is high demand for 1.6 peugeot diesel engines (years 2005 onwards). 1100 sounds okay for a secondhand one of them and the 400 sounds okay. Just be careful, these engines are hard to get and if you pass up on that one you might have a problem getting another.

However you say the one you are getting is not secondhand ??? It would be very unusual to get a new one for 1100 euro, if we are talking about the same type of engine (1.6 HDi as fitted to p407, 307, 308, 207, etc).

L-M

Didn't realise it was one of those "Ultra reliable" 1.6 Hdi's!

You'd be lucky to find a decent engine for one of those, make sure who ever is fitting it is properly servicing it before it goes back in.