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Small claims court, car default

  • 27-11-2018 7:29pm
    #1
    bs2014
    Registered Users, Registered Users 2 Posts: 734 ✭✭✭


    I am threatening taking the dealer I bought and serviced my car to the small claims court as an issue has developed. Car is 1 year outside warranty but this is a common manufacturer fault and I am getting nowhere dealing with the manufacturer.

    Long story short, I want to get the mechanical problem ultimately fixed as I am not happy driving months on end with the fault. Does going ahead and fixing the problem somewhat mean I accepting liabilty. I don't want to wait 3 months on a court case and potentially risk more damage, plus it is my car heating system so driving without heat is unpleasant also.


Comments

  • #2
    smelly sock
    Closed Accounts Posts: 6,820 ✭✭✭smelly sock


    bs2014 wrote: »
    I am threatening taking the dealer I bought and serviced my car to the small claims court as an issue has developed. Car is 1 year outside warranty but this is a common manufacturer fault and I am getting nowhere dealing with the manufacturer.

    Long story short, I want to get the mechanical problem ultimately fixed as I am not happy driving months on end with the fault. Does going ahead and fixing the problem somewhat mean I accepting liabilty. I don't want to wait 3 months on a court case and potentially risk more damage, plus it is my car heating system so driving without heat is unpleasant also.

    You are not covered under a warranty? Accept that cars break, pay for it to be repaired and move on.


  • #3
    bs2014
    Registered Users, Registered Users 2 Posts: 734 ✭✭✭bs2014


    smelly sock wrote: »
    You are not covered under a warranty? Accept that cars break, pay for it to be repaired and move on.

    Car is not fit for purpose and as described. Work needing done was not due to accident or my cause. My consumer rights supercede any warranty


  • #4
    drunkmonkey
    Registered Users, Registered Users 2 Posts: 28,691 ✭✭✭✭drunkmonkey


    If you damage the engine due to not fixing the cooling problem it is your fault. Your aware of the problem and ignoring it.
    Get it fixed, keep your receipts, get a written explanation of the problem from the garage repairing it. Then take your case.
    Don't spend a fortune on the repair thinking your going to get money back small claims isn't as simple as it appears.
    You may have to go to a main delaer though as it could be argued an unqualified individual done the work.


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