Garage wants car back.

bobby11

Could someone advise me. I traded my car last november with a garage got another car and gave the difference in cash with a 3 month warranty. 2.5 months later within my 3 month warranty time i contacted by e mail and later by phone and left message to let garage know i wanted to book car in for a few minor bits that needed attention. A week later no response from garage so i rang them. Owner went onto say he had been trying to contact us as our trade in went bust . It was traded with an nct only done 2 months previous. We had no missed calls etc..he is saying he wants his car back as ours is "busted".
He has said he is within his rights to take the car back and give us back our money. He had the car for 2.5 months snd never made contact until we contacted him in relation to the few bits that needed attention

Where do i stand? He test drove the car with me in it on the day we agreed trade.

mloc123

Sounds to me like some bull**** to avoid fixing whatever issues you want sorted under warranty

colm_mcm

mloc123 wrote: »

Sounds to me like some bull**** to avoid fixing whatever issues you want sorted under warranty

This.
If it's minor stuff just move on and don't let the garage near your new car. They're obviously not to be trusted.

jacksie66

This post has been deleted.

run_Forrest_run

bobby11 wrote: »

He has said he is within his rights to take the car back and give us back our money. He had the car for 2.5 months snd never made contact until we contacted him in relation to the few bits that needed attention

you should ask him to clarify this point? He's bluffing, probably for the reason mloc123 cited.
The fact that he said he'd been trying to contact you and you know for well he hasn't rang your phone, the lad is full of the proverbial you know what.

CarrickMcJoe

Biggest load of horse manure I've heard. Just don't leave your car with him.

You didn't give him a warranty!

italodisco

Get a solicitor to ask in writing what legal right he thinks he has to take the car back and also inform him that the issues will be fixed by another mechanic and a bill forwarded as he refuses to fix the car under his warranty

CalamariFritti

Sounds like a smart move on his behalf. Well scummy smart.
Because now you will stay well away from him. Which is exactly what he wants.

If you had time to spare and wouldnt care it would be gas to see his face if you said sure grand when do you want me to call over?

bobby11

Ok thanks.hes expecting a call from me today. He said he has been in contact with his solicitor and he is within his rights to swop back . I cant afford to go to a solicitor.

Wile E. Coyote

italodisco wrote: »

Get a solicitor to ask in writing what legal right he thinks he has to take the car back and also inform him that the issues will be fixed by another mechanic and a bill forwarded as he refuses to fix the car under his warranty

Don't go spending money on a solicitor. If this guy has any legal rights to reclaim the car, which I seriously doubt, then let him pay for a solicitor to inform you in writing.

I wouldn't bother going back to him to have any issues with your car sorted either. It doesn't sound like he's a very trustworthy dealer.

italodisco

The dealer does not have any right to reclaim the car.
Also, there's no way in hell he's been to any solicitor.

He's calling your bluff.

Feck its, take him to the small claims court.

OldMrBrennan83

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Free-2-Flow

bobby11 wrote:

Where do i stand? He test drove the car with me in it on the day we agreed trade.

Minor stuff? What exactly is "Minor"?

A 3 month warranty only covers engine and gearbox on a 2nd hand car.

OldMrBrennan83

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beertons

Get a report off him re the problems with the other car.

Imagine the audacity of him, I want the car back that I sold you.

ancuncha

Unless you signed a contract giving the dealer that right he has no right to ask for the car back.

Find out when he is going to do the warranty work,
if he does the work = good
if he takes the car and refuses to return it = call the guards, it's legally your car
if he refuses to do the work = get the work done and keep the receipts, go to small claims court to recover the costs (it's very simple to do this, go to local courthouse fill out a form and €25 euro, odds are you won't even have to go to court after that) and whether you win or lose the case you'll give the guy a headache and might make him think twice about doing the same to someone else

Free-2-Flow

Patww79 wrote:

This post has been deleted.

Well by the sounds of it they didn't buy from a reputable dealer.

Meeeee79

Wow thats is ridiculous to say the least. Can I ask what county you bought in? If its anywhere near me I would want to know to avoid this cowboy!

pilly

Absolute bull****. Unless you're car had been previously crashed and you failed to tell him that then he hasn't a leg to stand on.

If there's only minor stuff to be done to the car I'd stay a mile away from him. If he's a member of SIMI report it to them.

Bredabe

bobby11 wrote: »

Ok thanks.hes expecting a call from me today. He said he has been in contact with his solicitor and he is within his rights to swop back . I cant afford to go to a solicitor.

You can call or email citizens advice free, they will give you chapter and verse on your rights.

bazz26

OP, don't engage with him anymore as your just dealing with a muppet hoping you'll panic. If he does contact you then tell him your solicitor will await and respond to his solicitor's correspondence on the detailed technical report of what is "busted". In other words you counter bluff his bluff.

dodzy

ancuncha wrote: »

Unless you signed a contract giving the dealer that right he has no right to ask for the car back.

Find out when he is going to do the warranty work,
if he does the work = good
if he takes the car and refuses to return it = call the guards, it's legally your car
if he refuses to do the work = get the work done and keep the receipts, go to small claims court to recover the costs (it's very simple to do this, go to local courthouse fill out a form and €25 euro, odds are you won't even have to go to court after that) and whether you win or lose the case you'll give the guy a headache and might make him think twice about doing the same to someone else

A big fat NO to all in boldface. OP, steer clear.

MOH

Any point making a complaint to SIMI? Or at least check if he's registered.

bazz26

Complaining to the SIMI will be taken about as serious as a strongly worded letter from Charlie Flanagan to Vladimir Putin. The SIMI are just a mouthpiece for dealers, pay your annual membership fee and your grand.

Effects

Free-2-Flow wrote: »

Well by the sounds of it they didn't buy from a reputable dealer.

How do you know a dealer is reputable? I've heard horror stories from both independent dealers as well as main dealers.

FishOnABike

Effects wrote: »

How do you know a dealer is reputable? I've heard horror stories from both independent dealers as well as main dealers.

They don't try on rubbish like this for starters. I wouldn't allow a chancer like this near any car of mine.

Wheety

Definitely sounds like he just wants to put you off going back to him for repairs. I feel if you avoid him now, he's won. But I wouldn't like him repairing my car now though.

JJJJNR

Tell him to repair your old car back to what it was, when he does this take him to the courts for the repair bill on your new car.

HA HA

Cee-Jay-Cee

italodisco wrote: »

Get a solicitor to ask in writing what legal right he thinks he has to take the car back and also inform him that the issues will be fixed by another mechanic and a bill forwarded as he refuses to fix the car under his warranty

No, ring him back, tell him to write to your solicitor advising under what statute he's entitled to ask for the car back and to detail exactly what is wrong with the car that he took off you 2.5 months ago.

You will never hear from him again. What a complete knobend...the only thing I'd be concerned about now is that you have bought a car from a complete w**ker and everything he told you about the car could be a fairytale.

kindalen

Ring him back and tell him you have been in contact with a researcher from Prime Time, that they will be investigating the issue and are on the way over to him right now...

elperello

What went wrong with your old car?
What went wrong with your new car?
Do you have a written warranty?

Gunt

Where did you get the car from? Dealer name and whereabouts....

mloc123

OP.. one simple thing to check, has he still got your old car advertised for sale?

bobby11

He signed the new car over to us 12 days after we purchased it so its now in our name. Our old car he has not taken into his own name as i got a tax renewal cert in post this morning.
We signed nothing with him all we got was a receipt and he said a 3 month warranty bumper to bumper.
I will ask him to forward me his solicitors letter and il take it from there.
Thank you for all your replies.feel a little less stressed over it now and also now feel a bad vibe in keeping it.

dodzy

bobby11 wrote: »

He signed the new car over to us 12 days after we purchased it so its now in our name. Our old car he has not taken into his own name as i got a tax renewal cert in post this morning.
We signed nothing with him all we got was a receipt and he said a 3 month warranty bumper to bumper.
I will ask him to forward me his solicitors letter and il take it from there.
Thank you for all your replies.feel a little less stressed over it now and also now feel a bad vibe in keeping it.

OP, you are stressing over nothing. And if you are stressed now, what's it going to be like if you pursue this further. Dealer has FA claim to your new car. Bu your own admission, you just need a "few bits" tended to on the new motor. Get them addressed by a competent & reliable indy elsewhere. Wash your hands of the dealer and don't lose an ounce of sleep debating it any further.

Meeeee79

I wouldn't worry about him not taking the old car into his name. Same thing happened last time I changed my car. Got a tax renewal letter 2 months after I sold it to the garage. Phoned tax office and they told me thats no problem they will contact the garage and heard no more about it.

Thor

bobby11 wrote: »

He signed the new car over to us 12 days after we purchased it so its now in our name. Our old car he has not taken into his own name as i got a tax renewal cert in post this morning.
We signed nothing with him all we got was a receipt and he said a 3 month warranty bumper to bumper.
I will ask him to forward me his solicitors letter and il take it from there.
Thank you for all your replies.feel a little less stressed over it now and also now feel a bad vibe in keeping it.

Get someone you know to inquire about the sale of your old car. If he has it listed or simply go out to his garage and find it, and ask about it.

If he is still selling it, then you know 100-percent he is lying. Which is most certainty is. Catch him in the lie, and then tell him to cover the cost of the repairs at another garage, or you will be seeking legal action.

If your friend calls about the car over the phone, Remember we are a 1 party country, and only require one person/party on the phone for permission to record a phone call.

emeldc

Thor wrote: »

Get someone you know to inquire about the sale of your old car. If he has it listed or simply go out to his garage and find it, and ask about it.

If he is still selling it, then you know 100-percent he is lying. Which is most certainty is. Catch him in the lie, and then tell him to cover the cost of the repairs at another garage, or you will be seeking legal action.

If your friend calls about the car over the phone, Remember we are a 1 party country, and only require one person/party on the phone for permission to record a phone call.

Seriously, why would the OP bring all this sh1t on himself. The garage have no claim on his car. He needs to get the few bits fixed somewhere else and move on and forget about it.

demanufactured

Just go somewhere else and ignore ore that clown.
He hasn't been to a solicitor.

bobby11

emeldc wrote: »

Seriously, why would the OP bring all this sh1t on himself. The garage have no claim on his car. He needs to get the few bits fixed somewhere else and move on and forget about it.

Clearly because im concerned i dont know what rights a garage has if the car breaks down after i sell it to him..thanks

Thor

emeldc wrote: »

Seriously, why would the OP bring all this sh1t on himself. The garage have no claim on his car. He needs to get the few bits fixed somewhere else and move on and forget about it.

His old car is still in OP's name, so regardless, the **** as you put it, can still affect him unless it's sold. Of course the dealer is just trying to save a few quid, but the lengths he is going are pretty extreme, so catching him in a lie protects OP.

If it's just a few small bits that need fixing, why is the dealer willing to go through such extremes to get out of it. If get got the car back, he would have to fix them anyway. Is it really a case of buyers remorse.

OP you probably can just walk away and not have to worry, but the sake of a few minute phone call, you could have the dealer stating there is nothing wrong with your old car if he is still trying to sell it. Then you really don't have to worry.

Galadriel

bobby11 wrote: »

Clearly because im concerned i dont know what rights a garage has if the car breaks down after i sell it to him..thanks

People have told you the garage does not have any rights, you are not a business you are an individual that traded in a car, they bought it as is.

bazz26

Just because the OP received a motor tax renewal reminder does not mean the car is still in their name. Dealers with a TAN transfer ownership of the car over to themselves so that it does not appear as an extra owner on the log book. I've gotten motor tax renewal reminders in the past even though my old car was in the dealer's name who bought it from me. The motor tax office system just wasn't up to date.

OP, you need to ignore the dealer as he is only bluffing you but unfortunately you will need to get the things sorted somewhere else at your own expense. Engaging him any further will only prolong the unnecessary aggro. If he thinks he has any sort of case against you then wait until you receive official correspondence from his solicitor before taking it further. Think about it, why did he only wait until you contacted him before spotting that BS?

BlinkingLights

If he's a dealer for a particular car brand, perhaps you should contact them as he's ultimately representing them.

Wile E. Coyote

bobby11 wrote: »

Clearly because im concerned i dont know what rights a garage has if the car breaks down after i sell it to him..thanks

OP - He has the same rights as you'd have if we were to buy a car from him with no warranty and it broke down two and a half months later. Sweet FA. Do you honestly think if the roles were reversed he'd be worried about giving you your money back?

He test drove your car and accepted it as a trade in. Any issues that have since occurred (as long as you weren't previously aware of them) are his to deal with. Don't waste your time or effort talking to him. The more you interact with him the more he's going to fill you with BS until you eventually give in and give him what he wants.

cnoc

bobby11 wrote: »

Clearly because im concerned i dont know what rights a garage has if the car breaks down after i sell it to him..thanks

What are the minor faults with the car? What make and year and mileage is the car you bought? And the same question on the car you traded-in?

newmember2

Wile E. Coyote wrote: »

...He test drove your car and accepted it as a trade in. Any issues that have since occurred (as long as you weren't previously aware of them) are his to deal with...

...even if you were fully aware that the arse was hanging out of your car and you were looking to get shot of it to the first gullible dealer who'd take it, he would still have absolutely no comeback.

Agent Smith

Any update with this?

ads20101

If he has been to a solicitor, then ask for a legal letter to back up what he is saying.

I smell a healthy dose of BS here.

He is the garage, and therefore knowledgeable about cars. Even if your car did have a fault it was up to him to find it unless he can prove the fault was intentionally hidden. Even if the latter is the case, he needs to prove this by arguing the point in a court, he can't just simply reverse the deal.

As a previous poster has said, you did not offer a warranty (i hope). He bought the car fair and square.

If you speak to the garage owner again ask him to seek advice from his solicitor about a little saying 'caveat emptor'

Nonoperational

Still don't know what the "small issues" were, how old the car is etc. If you went back looking for the rattling glovebox to be fixed in a 10 year old used car maybe he's running for cover too.

Agent Smith

Waiting for an update from the op....