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Bought faulty car 4m lying person on web:Have I rights?Sue seller/website/Regulator

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    #32
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    lightspeed wrote: »
    But the NCT is what decides if a car is roadworthy so if it cant currently pass an NCT test then how can you make the argument in court that the car is roadworthy?

    If the judge rules that payment is due to be paid by the defendant and he still refuses to pay, further action can be taken such as seeking an attachment of earnings. I reckon if he took court proceedings, the seller would probably give in and refund the money.

    A faulty battery or starter motor doesn't make a car unroadworthy and it wouldn't be tested by the NCT. Buyer beware applies, a buyer would need to show that the car was actually unroadworthy at the time he bought it and that the seller was dishonest about it.


    What if the seller of the car calls his bluff?


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    #33
    SCOOP 64
    Registered Users Posts: 5,232 ✭✭✭SCOOP 64


    If i was the seller,reading the circumstance's the buyer brought the car under, i would say "see you court".


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    #34
    lionela
    Registered Users Posts: 131 ✭✭lionela


    Kenny Logins wrote: »
    Try a different mechanic.

    Curious,
    What does "won't go" mean... when you try to start the engine ...does it even turn over i.e is it attempting to start when you turn the key ???

    If you have no response..then there are possible's..ie battery flat, ignition/electrical fault(s)

    Or if the engine is running..can you not get the car in motion.... clutch worn or slipping...is it in gear ????

    It might help if you explained "won't go" :rolleyes::rolleyes:


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    #35
    lightspeed
    Registered Users Posts: 1,264 ✭✭✭lightspeed


    valleyoftheunos wrote: »
    A faulty battery or starter motor doesn't make a car unroadworthy and it wouldn't be tested by the NCT. Buyer beware applies, a buyer would need to show that the car was actually unroadworthy at the time he bought it and that the seller was dishonest about it.


    What if the seller of the car calls his bluff?

    Was the car sold with an NCT certificate?

    Yes the car may have been sold as seen but it is illegal under the sales and goods act to sell a car that is not roadworthy. If it did not have a valid NCT certificate at the time of sale, then how can the seller argue that the car was roadworthy at the time of sale?

    If the car did not have a valid NCT certificate then it was not legally recognised as roadworthy. The proof of this is that if the car had have been able to drive without an NCT cert and the buyer was stopped by the Gardai, the Gardai could legally take car as it would have been deemed to be unroadworthy.


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    #36
    dan_ep82
    Registered Users Posts: 2,705 ✭✭✭dan_ep82


    If you read the NCT small print it will state that passing an NCT does not mean the car is roadworthy,so that one is out.

    The other part is if the seller was not connected to the motor trade, did not refuse a mechanic to be brought along and you cannot prove that he/she covered up a dangerous defect you have very little ground to stand on. The hard part is proving the person knew of the fault. I've had personal experience in this kind of a situation and this was basically the legal advice I was given at the time. I highly recommend giving a solicitor a call to see where you stand.

    If it was me,I'd fix the car. A mechanic should be able to test all the wires for power with the key out and ignition off.Only a few will actually have power with the key out.


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    #37
    farmer_dave
    Registered Users Posts: 90 ✭✭farmer_dave


    Where is the OP?

    OP, a quick trawl through Google shows that this issue is mostly down to badly installed aftermarket stereos or alarms. Does your car have either of these? I'm guessing that it has an aftermarket stereo fitted and that is causing the drain.

    Remove it, charge up your battery and report back.

    There is a known fault with these cars whereby a badly installed stereo will draw enough power from the battery to drain it overnight. Go down this route instead of the courts. The only winner here will be the solicitors.


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    #38
    dan_ep82
    Registered Users Posts: 2,705 ✭✭✭dan_ep82


    The way a stereo usually drains a car is when its hard wired.

    Usually there is one wire that will go to the constant 12v+,its the memory wire for the radio stations or to spit a CD out. Sometimes people wire the main headunit to this wire leaving it constantly on. If the light stays on on the facia or the radio turns on with the key out it could be that. Some radio's will turn on with the key out but will drain the battery,better to wire it to the IGN power. Anyone with the slightest electrical mind and a face tester could re-wire it if this was the case.

    Could also be the altenator drawing too much power and draining the battery (voltmeter will tell you) or it could be just an old or worn out battery.


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    #39
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    lightspeed wrote: »
    Was the car sold with an NCT certificate?

    Yes the car may have been sold as seen but it is illegal under the sales and goods act to sell a car that is not roadworthy. If it did not have a valid NCT certificate at the time of sale, then how can the seller argue that the car was roadworthy at the time of sale?

    If the car did not have a valid NCT certificate then it was not legally recognised as roadworthy. The proof of this is that if the car had have been able to drive without an NCT cert and the buyer was stopped by the Gardai, the Gardai could legally take car as it would have been deemed to be unroadworthy.

    Having an NCT certificate is not the legal test of roadworthyness. by your definition a car that has had its cert lapse is now unroadworthy, that reasoning simply isn't correct.
    dan_ep82 wrote: »
    If you read the NCT small print it will state that passing an NCT does not mean the car is roadworthy,so that one is out.

    The other part is if the seller was not connected to the motor trade, did not refuse a mechanic to be brought along and you cannot prove that he/she covered up a dangerous defect you have very little ground to stand on. The hard part is proving the person knew of the fault. I've had personal experience in this kind of a situation and this was basically the legal advice I was given at the time. I highly recommend giving a solicitor a call to see where you stand.

    If it was me,I'd fix the car. A mechanic should be able to test all the wires for power with the key out and ignition off.Only a few will actually have power with the key out.

    Couldn't have put it better myself.


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    #40
    ted1
    Registered Users Posts: 23,344 ✭✭✭✭ted1


    Is there w warning light on? Sounds like its an alternator problem


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    #41
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    lightspeed wrote: »
    Was the car sold with an NCT certificate?

    Yes the car may have been sold as seen but it is illegal under the sales and goods act to sell a car that is not roadworthy. If it did not have a valid NCT certificate at the time of sale, then how can the seller argue that the car was roadworthy at the time of sale?

    If the car did not have a valid NCT certificate then it was not legally recognised as roadworthy. The proof of this is that if the car had have been able to drive without an NCT cert and the buyer was stopped by the Gardai, the Gardai could legally take car as it would have been deemed to be unroadworthy.

    Not from what I can see in the Act, the Act says that if you buy a car that is dangerous then you can seek redress (i.e. fixed, replaced or your money back). But nowhere in it does it say it's an offence to sell a dangerous car, never mind one that is not roadworthy (even a blown headlamp would make it not worthy to be on the road). It's a very important distinction.

    Read it for yourself:
    http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0013.html#sec13


    Note: it may be covered by other law, I don't know.



    OP, as others have said, get an auto-electrician to check it over. He should be able to find what's discharging the battery easily enough.


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    #42
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    The sale of goods and supply of services act doesn't apply to private sellers at any rate so its a totally moot point.


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    #43
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    valleyoftheunos wrote: »
    The sale of goods and supply of services act doesn't apply to private sellers at any rate so its a totally moot point.

    Is entirely correct?
    Many sections explicitly refer to selling in the course of business or buying as a consumer (meaning business contracts). But there appear to be some sections which don't and simply refer to the "seller" or "buyer" so I'm not so sure that precludes private contracts from these sections?


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    #44
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    slimjimmc wrote: »
    Is entirely correct?
    Many sections explicitly refer to selling in the course of business or buying as a consumer (meaning business contracts). But there appear to be some sections which don't and simply refer to the "seller" or "buyer" so I'm not so sure that precludes private contracts from these sections?

    In fairness you're right.


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