want to sue car dealer, need advice

12farnham

Hi,
I bought a car of a dealer for 3400, it broke after 2 weeks and he fixed it, it broke again after 6 weeks and he said he will give me my money back but only 3000. i want to sue him but do i take the 3000 of him and sue him for 3400 or take the 3000 and sue for 400?
i just want to make sure im doing the right thing if i take the money

Swampy

How about you don't sue him at all and just insist on your 3400 back.

CianRyan

Personally I'd just take the €3000 and not sue him but if you're dead set on it, don't take any money yet and ask for €3400.

godtabh

I'd talk to a solicitor rather than take legal advice from some randomers

MetzgerMeister

€400 depreciation isn't bad for 6 weeks. I'd take the €3000, give back the car and go elsewhere. It's not very often that dealers offer to give money back let alone the majority of what the car was sold for.

dharn

i suppose you have had the use of the car for 6 weeks +, car hire for that time would cost more , have you taxed it since you bought it if you have you would lose that, otherwise take the 3000 and move on

dilallio

Take the 3 grand and cut your losses.

3,400€ is over the upper limit which the small-claims court deals with, so to sue, you will need a solicitor.

Solicitor + Civil Action = Time + Money

It could take a year to get to court, there's no guarantee that you will win, and a judge might not be happy that you turned down 3,000€.

12farnham

so i let him away with it? i taxed it for half a year. im not been greedy, just want my money back. if i take the 3000 il only be sueing for 400. whats the point in buying off a dealer so??

ronaneire

12farnham wrote: »

Hi,
I bought a car of a dealer for 3400, it broke after 2 weeks and he fixed it, it broke again after 6 weeks and he said he will give me my money back but only 3000. i want to sue him but do i take the 3000 of him and sue him for 3400 or take the 3000 and sue for 400?
i just want to make sure im doing the right thing if i take the money

What are you going to sue for? He fixed it, problem occurred again and now he is willing to return your money. Ask him for the full amount and see what he has to say.

dharn

second hand car ,if he keeps fixing it you have little comeback

12farnham

fo course i asked him for the money,, he first offered 2700 and now 3000 but thats his final offer

dingus12

The point of buying from a dealer is, If you had bought that car privately, you wouldn't get a cent back.

What exactly "Broke" on it anyway?

oregano

12farnham wrote: »

fo course i asked him for the money,, he first offered 2700 and now 3000 but thats his final offer

If this is the same car you previously posted on, and this seller is in the north and you are not, I suggest you take his arm with the 3k. You've taxed it in the republic which is of no good to him.

If you sue him and he closes you will never see a penny.

3k seems fair, but if you do take it you will not be able to go after the other 400.

12farnham

i didnt tax in republic for ur information.

ronaneire

12farnham wrote: »

i didnt tax in republic for ur information.

So where did you tax it?

neil_hosey

fill the tank up with saw dust and take the 3 grand...

joking of course...

sf80

Did the dealer offer to fix it the second time round, but you wanted a refund instead? What sort of issues was the car having?

Mylow

12farnham wrote: »

i didnt tax in republic for ur information.

Well if it is taxed in Ni you can get refund on road tax for full unused months
http://www.nidirect.gov.uk/applying-for-a-refund-of-vehicle-tax

I cannot understand why you don't grab the 3,000, I think its a very fair offer.
The minute a name is added to the registration document it loses money.

endacl

The offer of 3k from a dealer is unusual to the point of being bizarre. I'd take it. Plus, you'll always have the story to tell of how you got nearly a full refund from a car dealer. People will be impressed. Take it and move on.

recyclebin

neil_hosey wrote: »

fill the tank up with saw dust and take the 3 grand...

joking of course...

No that would be too obvious. Spill some milk on the carpets. A couple of days later and it will stink.

joking of course...

But in all seriousness why do most people think consumer rights do not apply to cars? If he gave a warranty and then can't fix the problem then you should get a full refund.

oregano

But in all seriousness why do most people think consumer rights do not apply to cars? If he gave a warranty and then can't fix the problem then you should get a full refund.[/Quote]

Have we been told the problem isn't fixed though? Sounds to me like the op doesn't want the car and dealer is offering to buy it back to get shut of op

whelan1

i am in the 3rd year of a court case, i can not see the point in suing him for the 400, how much will the soliictors fees be alone, and a court will say that he offered you a respectable sum imo

CianRyan

12farnham wrote: »

so i let him away with it? i taxed it for half a year. im not been greedy, just want my money back. if i take the 3000 il only be sueing for 400. whats the point in buying off a dealer so??

You are a bit though, you got offered more than anyone would dream for on a second hand car going back to the dealer.
Try and sell it yourself and you probably won't nearly that.

tossy

Take the 3 grand and walk away,after checking the following.

The money is real.

The serial numbers are not in sequence.

ArticHare

Why on earth would you want to sue him? Sounds like hes been quite reasonable. For that money I'm guessing the cars is about 10 years old? Used cars don't get an intimate check from dealers to ensure everything is perfect, and you didn't spot any problems when you bought it. I'd bite his hand off for the €3000.

Max Power

Take the €3000 and put it down as a lesson learned.

Solair

The first thing you'd want to do is engage a solicitor. The risk is that if you lose, you'd actually end up paying the dealer's costs as well as your own. So, tread very carefully !

Normally in the Irish system, suing someone is the absolute last resort. You'd want to look at resolving this amicably before going to the courts. It's an extremely expensive business!

Mar4ix

take the money, and run away, until he change his mind. look from other point... caunt it as rent car , with 3 k deposit, and do refund road tax, easy do in uk/ni. (first do refund), and then return car :pac:

endacl

Don't think you'll need to add a poll to this thread to see which way the advice is swinging, OP. Doesn't need an Atari Jaguar option.

12farnham

he fixed it the first time, 2nd time we called he wanted nothing to do with it and he would refund us 2700 if we wanted. we said no so then with pressure he said he would look at it. he has the car and is saying he doesnt want to give it back to us because it would probley happen again its 2007 peugeot 307. my hubby is from the north. we are moving up there ina few weeks so thats why we bought an english car so we taxed and registered it from his parents house. 400 is a lot for me to lose. what is the point of a guarantee?? i dont see y it is bizzare for him to offer money. i had it only 6wks and there was a 3month guarantee

Supergurrier

Move on, you got off lightly. Dealer seems like a reasonable guy

keysersoze0330

Take the cash before he changes his mind.

recyclebin

Supergurrier wrote: »

Move on, you got off lightly. Dealer seems like a reasonable guy

Dealer doesn't sound reasonable to me! What is the point of a warranty at all?

What is the problem with the car anyway and why can't he just fix it properly.

Here's a link to laws in the republic.

http://www.citizensinformation.ie/en/consumer_affairs/motoring/advice_on_buying_a_used_car_in_ireland.html

If you want to put up a legal fight it will be time consuming and maybe expensive.

It might be better in the long run just to take the money he offered.

oregano

12farnham wrote: »

he fixed it the first time, 2nd time we called he wanted nothing to do with it and he would refund us 2700 if we wanted. we said no so then with pressure he said he would look at it. he has the car and is saying he doesnt want to give it back to us because it would probley happen again its 2007 peugeot 307. my hubby is from the north. we are moving up there ina few weeks so thats why we bought an english car so we taxed and registered it from his parents house. 400 is a lot for me to lose. what is the point of a guarantee?? i dont see y it is bizzare for him to offer money. i had it only 6wks and there was a 3month guarantee

The ins and outs don't matter. I can't speak for the sale of goods act in the uk, but down here you cannot accept 3k and then go again for 400 more, and reasonably expect to win.

Take the kick of 400, or take back the car and sue the dealer ... It's your choice.

dingus12

If only the Op would tell us whats wrong with the car for gods sake, are we talking about the radio stopped working or the engine **** itself?

Gurgle

1.

12farnham wrote: »

whats the point in buying off a dealer so??

There is no point in buying off a dealer. If anything, you're more likely to have trouble as a dealer can and will cover up any faults while a private seller typically won't know how.

If a car bought off a private seller has problems, the odds are very good that you can fix the problems with the money you saved off a dealer price.

2.

12farnham wrote: »

what is the point of a guarantee??

It gives you a sense of security, but they generally only give 3 months guarantee and your average cowboy can make a duct-tape & superglue repair that would last this long.

3.

12farnham wrote: »

i taxed it for half a year. im not been greedy, just want my money back.

You've been ripped off. This is standard business conduct for approximately 50% of Ireland's motor trade.

You could sue, and you would most likely win. The problem is this will take years, and the dealership will have gone bankrupt and re-opened several times in the time it will take to get to court.

Claim the tax back and you're out €400.
This is probably the cheapest lessons you'll ever learn in dealernomics.

dingus12

I'd take the 3k in a heart beat and run out the door, then id buy another car privately and pay a mechanic to come view it with you, It would only cost you a half days wages and you'd have a far better chance of getting a reliable motor thats 10+ years old than buying from a dealer.

12farnham

it was smoking the first time and he said it was the turbo. 2nd time we wer on the road it said low oil pressure then d engine started to go and we barely make it home. he said it was the same problem again but i douth. i really dont tink it was his faulth. jst unfortunate on both parts and hes tryin to take us for a ride. il prob jst take the 3k so and swamp the net with bad reviews

MetzgerMeister

No, you should take the 3k and be happy that you're getting so much back from him and don't swamp the net with bad reviews. You really don't understand what you are getting here to be honest.

Mar4ix

12farnham wrote: »

it was smoking the first time and he said it was the turbo. 2nd time we wer on the road it said low oil pressure then d engine started to go and we barely make it home. he said it was the same problem again but i douth. i really dont tink it was his faulth. jst unfortunate on both parts and hes tryin to take us for a ride. il prob jst take the 3k so and swamp the net with bad reviews

as i said, consider that car as rent car with 3 k deposit. that dealer seems to be good guy, just unfortunate with car, and probably without descent mechanic.
I wouldnt touch him, leave alone.

endacl

12farnham wrote: »

it was smoking the first time and he said it was the turbo. 2nd time we wer on the road it said low oil pressure then d engine started to go and we barely make it home. he said it was the same problem again but i douth. i really dont tink it was his faulth. jst unfortunate on both parts and hes tryin to take us for a ride. il prob jst take the 3k so and swamp the net with bad reviews

You do realise of course that having been offered and having accepted a reasonable remedy, i.e. a generous refund, a slew of bad reviews out of spite could arguably leave you exposed to legal action in the other direction? Unlikely he'd bother, but his case would be stronger than yours is now. You got unlucky with a car. The dealer has (unusually) offered to put it right. Accept his offer and get on with your life would be my advice.

dingus12

12farnham wrote: »

it was smoking the first time and he said it was the turbo. 2nd time we wer on the road it said low oil pressure then d engine started to go and we barely make it home. he said it was the same problem again but i douth. i really dont tink it was his faulth. jst unfortunate on both parts and hes tryin to take us for a ride. il prob jst take the 3k so and swamp the net with bad reviews

Well the way I see it, the car was worth 3k, he sold it to you for 3400 and made 400 on it at the most as it was probably traded in. The turbo went, which is something that nobody can predict, he then spent way more than 400 on a turbo to fix it for you,

It went again for some reason and you drove on with a low oil pressure light flashing in your face. Something that is out outrageous to people that know about the mechanical side of cars, so the engine is probably fecked along with the turbo so the car is worth no more than 1500 at the minute, and he is prepared to take the hit and shell out 3k after the whole thing.

To me the dealer is a genuine one. Not a cow boy.

Petey89

if i was you id just take the money, im in the middle of a small claim with a dealer who wouldnt cover cost of repairs on my car 6 weeks after i had it and it was under a warranty, it happened back in june and im still no where near the point of getting anything back! if i had my time back i would have bought a car privately with a mechanic probably would have a got a better car for alot less!

Gurgle

Mar4ix wrote: »

consider that car as rent car with 3 k deposit

Sure why not apply the same to all dodgy merchandise?
Your €500 TV broke within a few weeks. I'll give you €450 and you can pretend you were renting it. :rolleyes:

Mar4ix wrote: »

that dealer seems to be good guy, just unfortunate with car, and probably without descent mechanic.

A good guy? Seriously?

Knowing that he's sold a lemon, he's offering an 88% refund.

What do you think he'll do with the car then?
For some reason I suspect 'fix it' is not part of the plan.

goz83

Understandably, you're annoyed, but to catch onto a very common echo in this thread "TAKE THE 3K". Claim the tax back and consider the €400 as money spent for 6 weeks of car rental. TBH, I am one to chase after people and companies who do me wrong, but it sounds like you're getting off nicely here.

discombobulate

I don't agree that he's being reasonable at all. If I bought a car and had to bring it back with engine trouble twice within a month or two and be told it would happen again I would be expecting a full refund.

Sounds like what people are saying is that your lucky he's not trying to completely rip you off which is a sad statement when that's the view of second hand dealerships.

Personally i'd take the 3 grand and never go near him again. Its possible he knew about the fault, patched it up and hoped it'd last the 3 months. If something under warranty is found to be inherently faulty you'd generally get a like for like swap or a refund in any other business.

dingus12

discombobulate wrote: »

I don't agree that he's being reasonable at all. If I bought a car and had to bring it back with engine trouble twice within a month or two and be told it would happen again I would be expecting a full refund.

Sounds like what people are saying is that your lucky he's not trying to completely rip you off which is a sad statement when that's the view of second hand dealerships.

Personally i'd take the 3 grand and never go near him again. Its possible he knew about the fault, patched it up and hoped it'd last the 3 months. If something under warranty is found to be inherently faulty you'd generally get a like for like swap or a refund in any other business.

It's Virtually impossible to know that a turbo is going to go before it does. and the fact that the second time the Op drove on with an oil pressure warning light flashing means that the engine has probably been starved of oil and there for it is going to cost the dealer alot of money to fix due to the OP being oblivious to what he/she was doing.

There for I think the dealer is being very reasonable.

djimi

While I agree that the OP should take the €3k as it will most likely be more hassle than it is worth to get the other €400, I really dont understand everyone saying that they should count themselves lucky, that the dealer is being decent etc. The dealer sold them a car that turned out to be pile of rubbish. In any other industry you could expect a replacement after a certain number of repairs, but for some reason in the motor industry it just seems to be generally accepted that a lemon can be sold and that the buyer just get on with it. The OP has every right to be annoyed; they are losing €400 and considerable time and effort because of this. I doubt too many in here would be over the moon in the same situation.

discombobulate

dingus12 wrote: »

It's Virtually impossible to know that a turbo is going to go before it does. and the fact that the second time the Op drove on with an oil pressure warning light flashing means that the engine has probably been starved of oil and there for it is going to cost the dealer alot of money to fix due to the OP being oblivious to what he/she was doing.

There for I think the dealer is being very reasonable.

Its virtually impossible to tell a washing machine, tv, dishwasher etc. is going to go on the blink also and i'd expect any of those to be fully fixed or replaced if they went wrong. Maybe the dealer didn't know about the turbo but maybe there were other underlying issues either way a warranty is a warranty and if the dealer says he can't fix it properly as he should be obliged under the warranty he should be giving a full refund or replacement.

How's every buyer meant to know you can't go any further if an oil light comes on. Not everyone's mechanically minded. I'd presume they brought it in straight away when the light came up. I'd still be biting his hand off for that 3 grand all the same to save the hassle.

Mar4ix

Gurgle wrote: »

Sure why not apply the same to all dodgy merchandise?
Your €500 TV broke within a few weeks. I'll give you €450 and you can pretend you were renting it. :rolleyes:


A good guy? Seriously?

Knowing that he's sold a lemon, he's offering an 88% refund.

What do you think he'll do with the car then?
For some reason I suspect 'fix it' is not part of the plan.

well, it is not rent alright, but i think, get money from dealer back is such big luck these days, most of them would keep take in car for couple weeks, ... pretend it fixed, and again and again, it would be a big inconvenience for op .

to be honest, i can see now, all products.. electronics, mechanical been made for short time of period... average 4 years (out of warranty time) , after that it will has to be fixed, and parts market is a big business these days, and people wont repair TV, they will buy new one.

Missed those good auld days, when you bought something, then for 20 years at least.

dingus12

discombobulate wrote: »

Its virtually impossible to tell a washing machine, tv, dishwasher etc. is going to go on the blink also and i'd expect any of those to be fully fixed or replaced if they went wrong. Maybe the dealer didn't know about the turbo but maybe there were other underlying issues either way a warranty is a warranty and if the dealer says he can't fix it properly as he should be obliged under the warranty he should be giving a full refund or replacement.

How's every buyer meant to know you can't go any further if an oil light comes on. Not everyone's mechanically minded. I'd presume they brought it in straight away when the light came up. I'd still be biting his hand off for that 3 grand all the same to save the hassle.

Yea sure if the Op was buying the car new, but if you bought a 10 year old washing machine that has done 2 washes a day for it's entire life for 50 quid, would you expect the dealer to spend a lot of money fixing it for it to break again and then pay back the full 50 quid and be down more than 100.