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Need advice returning a car

  • 14-01-2022 4:13pm
    #1
    Registered Users Posts: 8 EnemyDave


    I bought a used car from a dealer in Louth. Did the whole sale/deal online due to covid. I live in Kerry myself and the car was delivered without issue.


    The car came with 3 months warranty on the engine and gear box however after 1 week of driving it to work I had a breakdown and had to replace the battery out of my own pocket. Fast forward a month later and the car has developed a loud noise from the engine after driving it for 15 mins(never an issue when it starts).


    I have basically lost all confidence in the car and emailed the dealer saying I would like to return it. His response was that he can repair it free of charge at their garage and that there are no returns or refunds. I don't have full confidence the car can make the journey without issue.


    What are my options in this situation? Any help is appreciated.



«1

Comments

  • Registered Users Posts: 8 EnemyDave


    Settle down there. A depleted battery that strands me in the middle of nowhere 1 week after purchase is something to make me lose confidence in. The noise is a grinding sound, louder than the engine and stops when I disengage the engine. The dealer is very far away and I am afraid the journey will do further damage.



  • Registered Users Posts: 50,137 ✭✭✭✭ bazz26


    A battery is a wear and tear item which as stated can fail at any time. However if the dealer were local I'd expect them to replace it if it failed just a week after buying the car. The fact the dealer is at the other end of the country it would probably cost the same to replace the battery yourself as it would to pay for fuel to drive up and back to them to do it.

    The other issue, the dealer has offered to look and fix it if you bring the car to them. While the dealer is at the other end of the country to you some dealers might offer to get a local garage to fix the problem and they cover the cost. However they are not obliged to do that. I really don't see how you would have grounds to return the car at this point when the dealer has not been given the opportunity to address the issue.



  • Registered Users Posts: 512 ✭✭✭ MakersMark


    I had Nissan replace my 2017 Navara battery under warranty in 2019 when it went flat.


    They actually volunteered to replace it as I had mistakenly assumed it wasn't covered.



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  • Registered Users Posts: 50,137 ✭✭✭✭ bazz26


    That's a different scenario to the OP though. Your car was only 2 years old and Nissan covered it under their manufacturer's warranty. The OP bought a used car with a 3 month warranty. We don't know how old the OP's car or battery are plus most 3 month used car warranties generally only cover the engine and gearbox.



  • Registered Users Posts: 8 EnemyDave


    Poor choice of words of my behalf. His opinion seemed overly negative and wasn't exactly constructive and he questioned why I would have little confidence in a vehicle that broke down a week after purchase. Car is 9 years old.

    The dealer isn't being helpful he's instructing me to return the vehicle to Louth which would be fine but he's now saying it may take several days and not offering a temporary replacement.

    I've asked if he can source a local mechanic and he said no to that too. It seems like he's trying to make it as difficult as possible.



  • Registered Users Posts: 310 ✭✭ FromADistance


    https://www.citizensinformation.ie/en/consumer/cars/buying_a_used_car.html

    This should guide you and it looks like you could have an argument that the garage should be accomodating you.



  • Registered Users Posts: 72,776 ✭✭✭✭ colm_mcm


    I don’t have much confidence in citizensinfo on this one, from the link:


    • Get the necessary documents. You must be given a National Car Test (NCT) Certificate (if the car is over 4 years old) and Vehicle Registration Tax (VRT) Certificate (if the car is imported). Ask for the car’s service book and the handbook or manual.

    Completely untrue, so as said, I wouldn’t be too confident in whatever else they’re saying.



  • Registered Users Posts: 8,740 ✭✭✭ John_Rambo


    He was honest and truthful. It just isn't what you wanted to hear.

    I genuinely feel for you, but it's an old car and you made a purchase miles from where you live, probably because of a low price. There's no other advice available other than taking to a local mechanic to try and sort the car out or bringing it back to Louth on a tow truck.

    Hope you get sorted. Not a good start to the new year, very frustrating.

    (try and get the dealer to collect it, you never know, he might agree)



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  • Registered Users Posts: 310 ✭✭ FromADistance


    From the link -

    'If you buy a used car from a trader (a garage or car dealer), you have the same rights under consumer protection legislation as when buying a new car.

    This includes the right to expect the car to be as described, of satisfactory quality and fit for any stated purpose. These rights are set out in the Sale of Goods and Associated Guarantees Act 1980. If you find something wrong with the car after you bought it, you have the right to ask the seller to put the problem right (for example by repairing or replacing the car or refunding your money).'

    Anything else is irrelevant. The Sales of Goods act applies here.



  • Registered Users Posts: 2,046 ✭✭✭ silver2020


    The op bought without any checks whatsoever and says it was because of covid.

    Seriously?

    The ban on travel is long gone.

    That you bought online a 9 year old car without doing even a basic check is just laughable.


    And you think you have rights to get a refund?



    No entitlement to refund. Yes you do have to return to point of purchase for any warranty repair - not their fault that you are a Kerryman



  • Registered Users Posts: 3,419 ✭✭✭ Wildly Boaring


    Dealer has the obligation to repair it.

    No obligation to provide trandport for repair.


    And even at that if it's a wearing part dealer could start moaning about repair.



  • Registered Users Posts: 310 ✭✭ FromADistance


    https://www.citizensinformation.ie/en/consumer/shopping/repairs_replacements_and_refunds.html

    'The seller should complete any repair or replacement within a reasonable time, and without significant inconvenience to you.'

    The Sales of Goods act disagrees with you.



  • Registered Users Posts: 278 ✭✭ GSBellew


    Its still up to the OP to get the car back to the dealer to allow them the opportunity to provide the first of the three R's



  • Registered Users Posts: 151 ✭✭ Mr Burny


    You sound very naive. Are you a teenager and this is your first car perhaps?



  • Registered Users Posts: 310 ✭✭ FromADistance


    In case you didn't see it the first time, this is the important part of that line 'and without significant inconvenience to you.'

    Delivering the car to Louth from Kerry is a significant inconvenience. Someone from the dealer delivered the car to him... they can pick it up on that basis.

    It's amazing how little people know about their rights and the sale of goods act... the OP mentioned a 3 month guarantee... the dealer actually has to stand over the car for 6 months.



  • Registered Users Posts: 310 ✭✭ FromADistance


    Is it now? Another person who doesn't know their rights and loves to display their ignorance.



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  • Registered Users Posts: 2,471 ✭✭✭ Casati


    OP you need to get a local mechanic to check the car and diagnose the noise and what the fix would be, indeed if any fix is needed, for all we know the noise could be a plastic bag caught under the car.

    You have no right to return the car and seek a refund unless the dealer has been given multiple chances to first attempt a repair, (and that’s assuming a repair is needed). The dealer has zero responsibility to collect the car from you or indeed to offer you a replacement while it is being fixed.

    If you simply don’t like the car anymore you have the option to sell it, in the current market values of old cars are rising so you might even make a profit. Next time I suggest you shop local and support Kerry business that will be easier to access post sale for service and repair.



  • Registered Users Posts: 3,419 ✭✭✭ Wildly Boaring


    it doesn't say inconvenience it says significant inconvenience


    If it was not significant enough inconvenience for the OP to purchase at said garage then the OP needs return to said garage.


    Garage to repair.



  • Registered Users Posts: 310 ✭✭ FromADistance


    It's a significant inconvenience to return a car to a dealer in Louth when the OP lives in Kerry. The car was delievered to him in the first place and on that account arrangements should be made by the seller to have the car returned for repair. The seller in this case cannot decide to ignore the Sales of Goods act because it doesn't suit them.



  • Registered Users Posts: 310 ✭✭ FromADistance


    No wonder the car industry has such a terrible reputation, the ignorance on this thread is unbelievable.



  • Registered Users Posts: 228 ✭✭ mankteln


    The return isn't part of the repair though is it? That link doesn't say anything of that sort. The significant inconvenience would be something related to the actual repair itself, like them delaying accepting the car or them not letting him drop it off once he's brought it up.

    The only thing worse than people not knowing their consumer rights is people who think they know them (and inevitably are found roaring and shouting at customer service managers in retail stores across Ireland).



  • Registered Users Posts: 21,328 ✭✭✭✭ Esel


    Not your ornery onager



  • Registered Users Posts: 18,461 ✭✭✭✭ road_high


    These online purchases for used cars are simply a terrible idea- you’re definitely not the first on here the past year or so with major problems buying a car this way.

    Any Covid related travel restrictions are long since gone so not really sure why you hadn’t the car inspected personally or by a third party. Buying a car “blind” like this is just nuts. Can’t get my head around it



  • Registered Users Posts: 72,776 ✭✭✭✭ colm_mcm


    Sale of Goods Act*. The internet is full of people who don’t understand it offering advice.

    Misinterpreting ”not fit for it’s normal purpose” is a favourite.




    (* might as well add before it’s pointed out that I do know the current name for this act!)



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  • Registered Users Posts: 2,471 ✭✭✭ Casati


    Agreed. Seems to be one v ignorant person removed from reality of industry



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