Difficult dealer - Procedure for small claims?

partyatmygaff

So at the start of this month I put down €500 for a used car worth around €3,000 on the premise it'd be ready in a few days after it passes its NCT.

The day comes and I expect a text/call to say it's ready and I hear nothing. I get a bit concerned and send a text to hear it failed on small things, a few hoses. I ask for the fail sheet however and hear nothing... I ask 2, 3 more times and hear excuses. Three days and seven unanswered texts later I get sent the fail sheet and see the car also failed on emissions.

I give the benefit of the doubt as the dealer says it was taken straight to the mechanic to be repaired for the test and will pass the retest a week later. Again I wait on that day and hear nada. I text the day after and hear nothing again until the end of the day and this time apparently it failed on something even more minor, just a hub cap. I'm told it's in for another test in five days and will definitely pass and be ready to collect. I ask for the fail sheet to be sure and apparently the dealer doesn't have it. This is on Friday and he says he'll send it first thing monday morning.

Of course the dealer doesn't. It takes 5 unanswered texts to confirm the NCT is on Wednesday so I can take time off work to pick up the car.

Wednesday comes and goes and the test centre closes... not a word of reply to another few simple yes/no texts and the dealer starts to reject calls unless the number is hidden.

I ask for my deposit back and he ignores the text. Eventually he calls and roars abuse at me and says he'll post it back.

Apparently it was posted on Thursday, now it's Monday and nothing has arrived.

I'm going over later this weekend to pick up my deposit in person. In the likely event he tries to say he actually posted it and it was lost in the post, what are my options?

I have a dated/signed receipt with the car's registration number, company name and seller's name. Will I immediately file for civil action in the small claims court if the issue isn't resolved simply? Or do I need to send a letter before that?

GustavoFring

Call over before you do anything. Communicating by text is slow, long winded and can easily be taken up the wrong way. Speak in person before you do anything and if there's no satisfaction after that go forward with the claims procedure.

Youngblood.III

No business would post cash...he's bluffing. Threaten him with legal action unless he hands over 500e there and then

Henry Ford III

Texting doesn't work.

ironclaw

Henry Ford III wrote: »

Texting doesn't work.

I was about to say, why text a business? We used get all sorts of facebook messages in retail, often out of hours, and people got stroppy when we didn't reply within 5 minutes. Texts are the same, it takes far longer to type a text than make a phone call and its widely open to integration. If you want to make sure there is a record of it, send a text afterwards with a summary of the call adding to text back if there is any error.

With respect OP, sounds like your have a lemon on your hands. A dealer wouldn't faff about with a car that was in good working order, they'd want it off the forecourt and the money in their pocket ASAP. Wander over, get your money and move on.

savagethegoat

I too think the problem here is texting. There's nothing better than a face to face relationship.

If you go down the Court route, remember you still have to get the cash out of him at the end of the day, if he's an awkward character , he could be even worse after you bring in to play Court proceedings.

corks finest

partyatmygaff wrote: »

So at the start of this month I put down €500 for a used car worth around €3,000 on the premise it'd be ready in a few days after it passes its NCT.

The day comes and I expect a text/call to say it's ready and I hear nothing. I get a bit concerned and send a text to hear it failed on small things, a few hoses. I ask for the fail sheet however and hear nothing... I ask 2, 3 more times and hear excuses. Three days and seven unanswered texts later I get sent the fail sheet and see the car also failed on emissions.

I give the benefit of the doubt as the dealer says it was taken straight to the mechanic to be repaired for the test and will pass the retest a week later. Again I wait on that day and hear nada. I text the day after and hear nothing again until the end of the day and this time apparently it failed on something even more minor, just a hub cap. I'm told it's in for another test in five days and will definitely pass and be ready to collect. I ask for the fail sheet to be sure and apparently the dealer doesn't have it. This is on Friday and he says he'll send it first thing monday morning.

Of course the dealer doesn't. It takes 5 unanswered texts to confirm the NCT is on Wednesday so I can take time off work to pick up the car.

Wednesday comes and goes and the test centre closes... not a word of reply to another few simple yes/no texts and the dealer starts to reject calls unless the number is hidden.

I ask for my deposit back and he ignores the text. Eventually he calls and roars abuse at me and says he'll post it back.

Apparently it was posted on Thursday, now it's Monday and nothing has arrived.

I'm going over later this weekend to pick up my deposit in person. In the likely event he tries to say he actually posted it and it was lost in the post, what are my options?

I have a dated/signed receipt with the car's registration number, company name and seller's name. Will I immediately file for civil action in the small claims court if the issue isn't resolved simply? Or do I need to send a letter before that?

As its posted,presume its registered, report it missing, post office will chase it up, and be able to tell u if it def was posted or not,guys taking the piss,most likely, get your money, and leg it

OldMrBrennan83

This post has been deleted.

bucketybuck

Like others I am amazed that all of that was conducted by text message, there is some irony that you have communication problems with the dealer when you can't even pick up the phone and speak to him yourself.

StereoSound

Bet its one of these Naas road style Micky mouse dealers with 15 cars in a yard we are dealing with here. Be glad you didn't pay the balance of this yoke or you would be up and down trees getting your money back.

_Kaiser_

OP: Forget the texts. Pick up the phone and tell the dealer you'll be down on x day to collect your deposit. If he says he sent it, ask for the tracking number (because he sent it by registered post right? :rolleyes:) and then you can check if this is true by looking on the An Post site or calling them.

I know we're all apparently obsessed with our smartphones these days but I can't for the life of me why someone would be sending texts for something like this - it's fine for chatting to your missus or arranging pints, but not for any sort of serious business transaction.

OldMrBrennan83

This post has been deleted.

dr.fuzzenstein

Patww79 wrote: »

I don't think texting is what's making this dealer an arsehole. People have some boner about texting and think people can stand around all day talking on the phone. There is no chance this cowboy would be any more helpful if he was phoned. The OP even said he was rejecting his calls.

That. I don't understand what people don't get about texting. And some play the old motors game of "I didn't read the question, but its the OP's fault"
Example for technophobes:
Me: hi, what's up with my car?
Dealer: "it needs xyz, will cost €X and be ready such a time"
For all of you mystified by texting, this is how it works. At least with the garages I use. If someone doesn't fancy texting, there's also e-mail, if your into all dem compuuuther malarkey.
The problem with that dealer is, he is being asked questions he doesn't want to answer, because either he is unable to type out a simple fcuking sentence or he doesn't want to give OP an answer and wants to flim flam him into buying an utter lemon. And now he's trying to bully him.