Returning a used car

I bought a 2012 car off a very reputable garage in Dublin ( Don't know much I can share if anyone needs any more details please, let me know. )

I have the car a month and I've had to take it back to the garage twice as it's struggling to start when the engine is cold. It takes two or three tries to start which seems a little strange.

The other problems I've had is the garage told me there was one owner on the vehicle when there's actually three owners on the vehicle.

The mileage on the contract is X but the actual mileage I bought the car at was X + an extra 18000km.

I've left the car in the garage over the weekend because I told them I did not want the car anymore as it's struggling to start and I've told them my issues about the misinformation regarding the owners and the mileage.

Their response was that they'll print me another contract and I told them I was not signing anything.

I'm due to pick up the car tomorrow although I'd rather not, I've lost faith in the car and the garage as they've lied to me about two things already and they contradict themselves in an effort to get me to go away.

Basically what I am asking is, do I have a case here? Is it worth my time and money to consult a solicitor? The car cost five figures with a second year warranty although I feel like they've sold me a lemon and the fact that I've had to bring it back twice in a month to get the starting issue fixed worries me along with the wrong info on the contract.

What's my next steps here? Do I take the car back tomorrow and consult a solicitor? Do I leave it there and make me own way home?

Any help appreciated here, thanks.

Sleepy

Unless you have proof that the car was misrepresented to you it'd be a case of Caveat Emptor I'm afraid.

The lesson to be learned is that you should always have an independent 3rd party inspect any second-hand car you're spending serious money on.

is the difference in mileage on the contract substantial?

thanks.

dudara

Sleepy wrote: »

Unless you have proof that the car was misrepresented to you it'd be a case of Caveat Emptor I'm afraid.

The lesson to be learned is that you should always have an independent 3rd party inspect any second-hand car you're spending serious money on.

This is good advice when buying from a private seller. However, in this case, the OP bought from a known dealer and the Consumer protection applies in this case. In addition, garages have a legal responsibility to not knowingly sell defective vehicles.

More information here from CPCC and SIMI have a downloadable copy of the NCA Guide to Buying a Car

Read the CPCC stuff, I'll probably have to see a solicitor , was wondering if it was worth the cost.

coylemj

Is the garage a main dealer i.e. is he an agent authorised to sell new cars of a particular make? If he is a main dealer then you can threaten to take it up with the distributor. Even though your car may not be the brand that he sells new, the distributor who supplies him and authorises him to sell their cars takes an interest in seeing to it that their cars are sold by reputable dealers and not cowboys so you would have some leverage in that situation.

ted1

Get them to put ina new battery and the issue should be resolved

colm_mcm

dudara wrote: »

This is good advice when buying from a private seller. However, in this case, the OP bought from a known dealer and the Consumer protection applies in this case. In addition, garages have a legal responsibility to not knowingly sell defective vehicles.

Defective is a loose enough term though and who's to say they knew about the starting problem?

Lux23

Deleted User wrote: »

Read the CPCC stuff, I'll probably have to see a solicitor , was wondering if it was worth the cost.

Give the CCPC a call, they won't give advice perse but it might help you with the next steps. Also, if the trader said the car only had one previous owner and it has three then that is a possible breach they may investigate.

anewme

Are the garage SIMI registered?

elperello

"Their response was that they'll print me another contract and I told them I was not signing anything. "

What was the difference going to be in the second contract?
Maybe no harm to let them draw it up and take a copy to consider without signing.

coylemj

anewme wrote: »

Are the garage SIMI registered?

We've been over that ground lots of times on boards. The consensus is that SIMI exists as a trade lobby, they couldn't care less about the individual consumer. It seems to be a badge that a lot of smalltime dealers use to give themselves an air of respectability when they're just as capable of telling a disgruntled customer to PFO as the next guy.

AndrewJRenko

coylemj wrote: »

We've been over that ground lots of times on boards. The consensus is that SIMI exists as a trade lobby, they couldn't care less about the individual consumer. It seems to be a badge that a lot of smalltime dealers use to give themselves an air of respectability when they're just as capable of telling a disgruntled customer to PFO as the next guy.

SIMI do have a complaints process, with some outside people (including Dermot Jewell from Consumers Association) sitting on the adjudication panel.

I've no experience of the process, but it would certainly be one step on the road for a complaint with a SIMI garage.
http://www.simi.ie/Consumer+Information/Consumer+Services/Contact+Complaints+Service.html

L1011

I know of one person who got a satisfactory outcome via a SIMI complaint. know of far more that got nothing.

So it isn't a black hole but also isn't a great option

uck51js9zml2yt

colm_mcm wrote: »

Defective is a loose enough term though and who's to say they knew about the starting problem?

As it's a business, they will be seen as being professionals in the area and with sufficient knowledge to have known.

UPDATE!:

I got my money back. I explained how unhappy I was at being misled and misinformed when buying the car. Told them I wanted to do whatever it took to get my money back as I lost faith in the car. They said they did not want to drag it out which I said I agreed as I wanted to consult my solicitor, then he wrote my cheque for me and that's that.

Thanks for the help everyone!

moonlighting

you got lucky.

Toots

Jaysus! Well I wouldn't count your chickens until that cheque has cleared!

AndrewJRenko

Marilyn Teeny Tundra wrote: »

As it's a business, they will be seen as being professionals in the area and with sufficient knowledge to have known.

True, though a fault has to start sometime - and it could just be the time after the sale.