Consumer Rights when buying used car from dealer..

unklerosco

I bought a 2011 Octavia with a DSG gearbox from an SIMI Dealer with 6 month warranty at the beginning of November. Since buying it it was off the road for 8 days with a faulty water pump. Along with that it had an issue with the gearbox from the beginning. Initially it would be clunky the odd time changing gear, mentioned it to the dealer and he put it down to the car being off the road for some time.. reading on various forums said that the gear change can be clunky every now and then.

As the weeks went on it got worse and very irritating. Brought it to two garages (dealer paid for this) to get it checked out and there was an error message relating to one of the clutches. Dealer decided what he was gonna do with it over the space of 10 days and in that time it got worse until the car kept getting stuck in neutral and engine warning lights came on etc. and I left it parked up. He had it towed to a garage and it was off the road for another 10 days. I did get a loan car for some of that time. Gearbox got an oil change and software update from a main dealer in that time.

Got the car back just before Christmas, drove it for 4 days and got stuck on the M1 today with the same issue, so car will be off the road again for a while now.

In the time I've had it it hasn't been right and all in all it has spend 20+ days off the road (over 1/3rd of the time I've owned it), I'm weary of the car now as it's the first time I've spent over €10k on a car and I'm convinced it will never be right failing the gearbox being replaced which I don't see the dealer doing. Along with that I was to get the second key and service book with it and that's yet to turn up.. I was told it had a full service history but I'm starting to doubt that now.

Ideally I'd like to hand it back, get my money back and move on.. Is this an option?

9935452

i was told or read somewhere that the dealer has 3 chances to fix a problem under warranty. If he cant you would be entitled to return the car and get your money back. i dont know how true this is.

Id say talk to them and see what sort of vibe you get from them. They might let you swap to another car that they have.
If you get stuck with the car , keep throwing the car back at them and push for an extended warranty on the gearbox when they eventually get it right.

Is it a main dealer?

unklerosco

Not a main dealer. I've to wait for them to open up again which may not be till the new year so without a car until then. Will have a chat with them about it once they're back and see what they can do.

CJhaughey

Just for your info, SIMI means nothing to you as a consumer.
Its a trade lobby group and has no relevance to the actions or behaviour of a dealer.
Just be warned.

vistaphotos

- Interesting comment at http://www.consumerhelp.ie/cars-rights-wrong which is linked from http://www.simi.ie/Consumer+Information/Consumer+Services/FAQs+For+Consumers.html

If the seller is a member of the Society of Irish Motor Industry (SIMI), the contract you signed when buying the car may require you to go through the SIMI complaints process. The investigation and complaints service of SIMI deals with complaints relating to:
- buying used vehicles from SIMI member companies and
- service or repairs of vehicles by SIMI members companies except those subject to a manufacturer’s warranty claim. For more information, check out the website www.simi.ie.

vistaphotos

- Your rights as a consumer in Ireland: http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/consumers_and_the_law_in_ireland.html

- Further information on your rights when goods are faulty: http://www.consumerhelp.ie/faulty-goods#2

Reject item - Full refund
If you agreed to buy something and it simply does not work from the outset, then you are entitled to reject the goods and get a refund from the seller. Examples include a new washing machine which fills with water but does not spin or drain, or a new TV set which the audio doesn’t work on. In both of these examples, the consumer has discovered a major problem/fault with the item as soon as they go to use it for the first time. In the shop they agreed to buy it, but clearly there is something wrong with the one they were given. The consumer has not “accepted” the item – they brought the item home but it does not do what it said it would and the consumer had the right to reject it. They can return it to the shop and demand a full refund. This will terminate the contract they had for the item with the seller.

- I guess give the Competition and Consumer Protection a Commission a call for further information. http://www.consumerhelp.ie/ Helpline Lo-call: 1890 432 432
Helpline National: 01 402 5555

unklerosco

vistaphotos wrote: »

- Your rights as a consumer in Ireland: http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/consumers_and_the_law_in_ireland.html

- Further information on your rights when goods are faulty: http://www.consumerhelp.ie/faulty-goods#2


- I guess give the Competition and Consumer Protection a Commission a call for further information. http://www.consumerhelp.ie/ Helpline Lo-call: 1890 432 432
Helpline National: 01 402 5555

Thanks for the info..

CJhaughey

SIMI have an Arbitration process, which I must say I have never heard to work very satisfactorily.
It will cost you as well, 160 for the setup and then something like 1600 to engage with the vendor. Maybe more if there is an Oral hearing as well as a written one.
It all sounds like a big pile of **** to me and if there is a clause in the contract that you have to go through that process then its even worse than I thought.