Bought a terrible car

pmac180

Hi everyone, and thanks for any advice. I recently bought a car from a dealership in Dublin. Quite expensive as well. Almost 20g. I have had nothing but trouble with it since I bought it. I have several issues. I think it was crashed and poorly repaired. The dealership is SIMI registered if that is any importance. I want to return it but the guy said not a chance. He said he will fix any issue. But so much is wrong I have lost complete confidence with it. I only have car 2 weeks, can I return it. Thanks

Luna84

https://www.boards.ie/discussion/2058330724/bought-a-terrible-car

What's the car? Just to get a gauge if it is a common problem with the car. Is it a diesel by any chance?

User1998

You have to give them a chance to repair the car before they refund you. If they can’t repair it you can start looking at refunds or replacements.

Why do you think its crashed? Did you run a history check on the car? What type of issues are you having?

Clo-Clo

https://www.boards.ie/discussion/2058330724/bought-a-terrible-car

Small issues can cause big problem

I remember bought a bmw petrol years ago, had loads of issues for weeks, in and out go garage. Finally it was a injector or something, can’t remember now and car was a dream afterwards

What’s up with it?

As above was history check done?

pmac180

Toyota CHR, the passenger door has been damaged. It feels light and makes a hollow sound when you close it. There is a paint stain from respraying, I have no confidence it would protect a passenger. The heater fans on windscreen and middle bit of dash not working, the entire heater is not coming on most of the time, I had to pull into the hard shoulder on the motorway. The windscreen doesn't defog at all. Pressing buttons on heater and nothing happens. Doesn't turn on. There are clips missing on the front bumper and both wheel arches that clip the body panels to the car. Gaps are all over the place on the front bodywork. One of the wingmirrors doesn't retract when parking. I'm getting alarms for seatbelts on the backseat when nobody is there. There is a vibration in steering wheel when driving over 70 mph.

For the price I paid I am disgusted. Garage said no way to a refund, they will fix any issue. I have lost my confidence in the car and just want my money back. Too much is wrong with it, electrical and mechanical.

GPoint

Sorry for your frustration with the car.

Did you not see all these issues when you were buying?

Is this your first car?

If you spend at least an hour with the car and then at least half an hour test drive including motorway then you can catch major issues and not buy a lemon.

If tech savvy could also plug in OBD scanner and scan for errors.

Sounds like you bought a car and discovered all issues after the fact. You now can only use their warranty and make them fix it.

dickdasr1234

https://m.independent.ie/business/personal-finance/what-are-my-rights-if-i-buy-a-faulty-second-hand-car/42317289.html

According to this, you are entitled to a refund within 30 days of purchase. Had a similar incident some years ago and made them take it back.

Very annoying and stressful but don't forget the hoor has put his hand in your pocket. Never mind the criticism from the wiseacres on here, the law, thankfully, is protective of your good nature.

https://www.boards.ie/discussion/comment/121599730#Comment_121599730

It’s not a diesel

Whatwicklow

Was it bought on line or in person?

dickdasr1234

https://www.boards.ie/discussion/comment/121600052#Comment_121600052

deleted

Stallingrad

Before people lay into the OP a lot of those issues could easily be missed on a test drive, and most people would not know to check for panel gaps and missing clips. This is why it is important to bring someone along who knows something about cars or better yet a trained mechanic.

From the description it certainly sounds like the car has had some crash damage, and has been poorly repaired at best. It is also highly unlikely that it was bought from a Toyota main dealer.

If the garage is offering to repair the issues then let them do their work to make it right, request a courtesy car in the interim which will focus their minds on doing it sooner rather than later.

Sorry for your trouble OP, it's a tough lesson to learn.

hoodie6029

Sorry for your trouble OP.

Might be worth engaging a motor engineer to do an assessment and report on it so you have evidence of faults and repairs. Tell the dealer that this is what you plan to do.

The dealer will do the bare minimum to string you along until the warranty is out.

I’d honestly go in with both boots on this and get a solicitor involved now.They have seen this all before and know how to sort this quickly.

https://www.boards.ie/discussion/comment/121600405#Comment_121600405

Don’t go in off the bat with a solicitor. Let the garage at least try and remedy the problem first.

hoodie6029

https://www.boards.ie/discussion/comment/121600434#Comment_121600434

Given the list of things the OP has said is wrong with the car, would you trust the garage to fix it when they sold it like that? I wouldn’t. How can you be guaranteed they fixed everything?

OP has lost confidence in the car, dealer won’t take it back. This has very quickly gone legal IMO.

https://www.boards.ie/discussion/comment/121600497#Comment_121600497

No what’s happened is there’s problems, the OP has requested immediately a refund/replacement and has been told no they will repair the problems.

This is perfectly reasonable a response. What is unreasonable is to jump straight to a solicitor. Who’s going to pay for them?

The OP will.

alan partridge aha

Well if car has been crashed or damaged and buyer wasn't made aware of this the simi seller has a problem.

Did they make you aware of this beforehand?

Idbatterim

People buying from a garage thinking ill spend thousands more than private sale and my ass will be covered. Yeah right... spending that kind of money without having it checked over by a mechanic is ridiculous...

hoodie6029

https://www.boards.ie/discussion/comment/121600646#Comment_121600646

If I wasn’t happy with the safety of a car I had bought, I would not hang around and wait for the person who sold it to me to fix it.

Some things can be resolved amicably, others you need legal advice and you need it quickly.

This is not a wait and see situation imo.

The OP not seeking the proper advice on their rights quickly only benefits the other side.

As for paying for it, so what? Nobody is running a charity to help consumers with car purchases that go wrong.

Murt2024

I’d agree with Hoodie, bring it to a local mechanic if you know one and ask them to take a look. They should only charge you max 60 euro for an hours labour. They will be able to tell if it was crashed or what’s wrong with it. Might be better again to bring it to a Toyota garage and ask them to do a report. Be more expensive but worth it.

Id then engage a solicitor with the report and request a full refund.

If the OP has to pay 5 or 600 to get a refund of 20k it is well worth the money. Some of those Simi dealers are absolute chancers.

hoodie6029

I’ve probably invested more in this thread than it deserves.

I’ll leave it at this. Taking the OP at face value, the dealer knowingly sold them a lemon. I wouldn’t be waiting on that same dealer to fix that lemon.

You can’t make a silk purse out of a sow’s ear.

Henry Ford III

Document everything. Get a 3rd party assessment done. Write to the dealer detailing your concerns and list every fault.

Give them a chance to fix everything and if they don't write to them again saying you intend to reject the car.

Bass Reeves

I agree with @hoodie6029 the car sounds like it being crashed and badly repaired. Many garages for ages ( and some still do) think that consumer protection laws do not apply to them or second hand cars.

The 30 day rules applies as far as I know. You should insist on returning and a refund.

Do not let the 30 days pass then he can keep trying to repair it for ages

monkeybutter

https://www.boards.ie/discussion/comment/121599982#Comment_121599982

where did they come up with this right to cancel?

Is the right to cancel not to do with distance contracts etc where you can't inspect the goods

goochy

the fact that a CHR ended up at what i assume is a used car dealer is suspicious enough unless its a jap import , might explain why it ended up there

User1998

https://www.boards.ie/discussion/comment/121601702#Comment_121601702

I’d like to see a link to something reputable stating this 30 day rule. Not just the Indo

Bass Reeves

https://www.boards.ie/discussion/comment/121601770#Comment_121601770

https://www.ccpc.ie/consumers/shopping/faulty-goods/?gad_source=1&gclid=Cj0KCQiAwP6sBhDAARIsAPfK_wbVYn2hAJoa-n9l8-crZgJo_Ja87yY3KLS04xbA20vZ5eqZme6d6rsaAkXOEALw_wcB&gclsrc=aw.ds

It's in the consumer rights act. Many car dealers think it dose not apply to them bit it dose

Smee_Again

https://www.boards.ie/discussion/comment/121601770#Comment_121601770

Consumer Rights Act 2022 Section 24 Short Term Right to Terminate Contract.

goochy

if he didnt buy car online - sight unseen , you must give the dealer a chance to repair faults - if after a number of occasions they cannot fix fault - then you can reject car

Bass Reeves

https://www.boards.ie/discussion/comment/121602248#Comment_121602248

Not within the first thirty days same as with a mobile phone or a watch. Nobody will take back a car over a minor fault. In this case there is multiple faults, the car seems to have been crashed and repaired and it was not declared to the buyer.

Bass Reeves

https://www.boards.ie/discussion/comment/121602248#Comment_121602248

No not in the case of serious faults or where a car was crashed or clocked and the dealer did not inform the buyer. Ingorance is no defence for a car dealer as they are considered the professional in this case. You are protected by consumer rights. With a crashed or clocked car you have rights up to three years later but you follow it up as soon as you are aware

To add to what I linked already thus is more clarification

https://www.ccpc.ie/consumers/cars/your-rights-if-things-go-wrong/

pmac180

Thanks a million. Only reading responses now. You are a great bunch

carfinder

OP, there is likely no way to fix your car cheaply. It could well be an insurance write off that was badly fixed on the cheap. The idea of letting the garage fix whatever is wrong here is not in your best interests. Formally write to the garage demanding a refund. I would send the demand by email, by hand and by registered post so that your formal demand doesn't get "lost".

This is then a job for a solicitor and also report to CCPC - they will need documentary evidence of the issues so, like a previous poster advised, get a reputable mechanic to do an assessment of the car. Also get a history check report of the car - it might be recorded as an insurance write off which will help you case. See if you can save a copy of the ad or Web listing that advertised the car - all of this will help with your case. If the facts are as you allege, you have been defrauded.

dickdasr1234

https://www.boards.ie/discussion/comment/121604879#Comment_121604879

Hehe, probably a good job you're only reading them now. I'm sitting here praying you're still within the 30 days.

sligopaul

Any pictures of the areas of concern around the car , panel fit, missing clips etc

Bass Reeves

https://www.boards.ie/discussion/comment/121605098#Comment_121605098

If the car was crashed and he was not informed when he purchased it the 30 rule days is immaterial. However if he is within the 30 days I be using that as well.

pooley124

It may have been crashed but not recorded as a write off. In that case the dealer doesn't have to inform him.

User1998

https://www.boards.ie/discussion/comment/121605616#Comment_121605616

And without a write off status its difficult for OP to prove that the car was in that condition when it was sold to them. They could have crashed the car soon after buying it.

OP you never answered when I asked did you do a history check on the car before purchasing?

Bass Reeves

https://www.boards.ie/discussion/comment/121605616#Comment_121605616

Not correct ignorance by the dealer is no defence. They are considered the professional. If you discover a serious issue within the first six months it's the dealers responsibly to prove it was caused after sale, its assumed the faulty was there pre sale

Bass Reeves

https://www.boards.ie/discussion/comment/121605780#Comment_121605780

From the OP first post he said he had the car two weeks that was posted Wednesday. So he has the car less than three weeks.

He would have being going well to have it crashed and repaired. When you are dealing with reputable dealers (SIMI) you should not have to do history checks.

I have bought privately ( always do a check) off a reputable dealer I would not

HBC08

https://www.boards.ie/discussion/comment/121605821#Comment_121605821

Its basic due diligence to do a cartell or similar check before buying.Id do this whether it was from a dealer or not,being in SIMI means nothing as we have seen on here lots of times.

pooley124

Wh

https://www.boards.ie/discussion/comment/121605797#Comment_121605797

Ignorance or not, if the car isn't recorded then the OP has no evidence that it was ever crashed.

Bass Reeves

https://www.boards.ie/discussion/comment/121605865#Comment_121605865

I agree to an extent but its not a requirement in law for the buyer to do that. There tends to be a misunderstanding within the car sale industry that consumer rights do not apply.

For instance in the case of a car being crash the dealer is OBLIGED to inform.the buyer. Its should be noted on the sales contract and if it had a write off category that should be noted as well.

So if I buy off a dealer I should not need to do a history check. I have bought cars where I was informed of the damage done and one case was 40 years ago.

Bass Reeves

https://www.boards.ie/discussion/comment/121605910#Comment_121605910

If the OP gets a mechanic or Auto engineer to check the car and they confirm that it has been crashed then the dealer has to take back the car and refund the owner unless he can prove the damage was caused by the buyer

pooley124

What do you classify as a crash though? The car may have had a damaged door which was replaced, is that a crash? I reckon quite a lot of dealers would say nothing in that case.

The next thing to do is a history check. If that shows up nothing then he will have a hard time proving it was crashed. Better off concentrating on the faults that the car has and getting them fixed. If they can't be fixed he's entitled to a refund.

HBC08

https://www.boards.ie/discussion/comment/121605916#Comment_121605916

Of course but you are relying on the garage doing what they're obliged to do.

I bought my last car from a reputable maindealer. I did a car check and it turned up that there was 2 previous owners rather than 1 as advertised. It seems this was a genuine oversight on their part (ill never really know) but we then negotiated this into the price.

Being a member of SIMI is not a good barometer of whether somewhere is a reputable garage or not.Its €20 to do a car check,to not do that when buying a car from anybody is reckless.

Smee_Again

https://www.boards.ie/discussion/comment/121605910#Comment_121605910

OP doesn't have to show it was ever crashed, all he has to show is that it is faulty and he is within the 30 day period.

mickdw

This sounds like a dog rough car.

The garage won't turn a rough car I to a tidy one so I don't see the repair option being realistic.

Spend a few quid on legal advice and go from there.

My thinking would be Engineers report, if that confirms multiple areas of damage, reject car via solicitor.

Overspray, door feeling odd, dodgy panel gaps and bumpers loose suggests there was a major accident in its history. Add issues with heater and seat belt notifications and it's looking like dash was possibly out for airbag repair.

Bass Reeves

https://www.boards.ie/discussion/comment/121600867#Comment_121600867

It may not a good idea to get a car checked pre purchase by a Mechanic. It may actually negate your consumer rights as he is a profession and should spot any issues

Bass Reeves

https://www.boards.ie/discussion/comment/121606145#Comment_121606145

he just needs to be aware of the 30 days its the easiest refund path. Get a mechanic/engineers report ( or even a Toyota dealer mechanical/diagnostic check) and demand a refund in writing, by email and registered post (just make sure its within 30 days) note all faults.

All he has to do is quote consumer rights, 30 day rule and return the car.

https://www.boards.ie/discussion/2058330724/bought-a-terrible-car

Hi,

Under the sale of goods act you have a full month that if you are not satisified with the good as being of merchantable quality you are allowed to cancel the sale and get a refund.

mickdw

https://www.boards.ie/discussion/comment/121606584#Comment_121606584

Are we definite on this though.

Either way, I'd be using a soli it or to make sure the rejection was done correctly.