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May have been sold a lemon, need some advice ASAP please.

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  • 27-03-2024 2:41pm
    #1
    Registered Users Posts: 2,100 ✭✭✭


    Bought a car from a reputable garage in August of 2021 with 2 years NCT.

    Unable to pass NCT now because there's a Euro spec headlight on OSF. (Tried twice)

    Second hand replacement unit is about €700


    Dealer wants to take car to his NCT centre of choice where he "knows" a guy!! Maybe put beam benders on it.

    Should I allow him to do this or dispute the fact that the car was not in a roadworthy condition at time of sale?

    My understanding is that I have 3 years (August this year) before my customer rights expire.

    If I let his NCT buddy pass the car, I'll never be able to NCT it myself again next year.


    He seems way too eager to help with the short term fix (offering to collect the car from my home and leave me a replacement car)

    This is due to happen tomorrow, Thursday.


    Any and all advice appreciated.


    Thanks folks.



«1

Comments

  • Registered Users Posts: 5,189 ✭✭✭This is it


    I'd want it fixed, like you said, what happens in 2 years when you bring it again



  • Registered Users Posts: 7,668 ✭✭✭whippet


    I'd say with a dealer like this you are on a hiding to nothing - he has zero intention of putting his hands in his pocket to rectify the issue and you will at best have an NCT that was given incorrectly or at worst a fake NCT cert and be driving around in a defective vehicle - and now you won't be able to deny knowledge of that fact.

    You could go down the small claims court process etc ... but you could be waiting a while and even then you might not get any satisfaction. Have a look for parts second hand and get someone to replace it for you



  • Registered Users Posts: 2,100 ✭✭✭Neil_Sedaka


    And due to the NCT backlog, I "could" end up having to test it again in a few months 😕



  • Registered Users Posts: 2,100 ✭✭✭Neil_Sedaka


    But is it my responsibility to fork out €700 plus fitting on a replacement unit?

    The car was not fit for purpose at the time of sale.



  • Moderators, Arts Moderators, Recreation & Hobbies Moderators Posts: 10,581 Mod ✭✭✭✭Hellrazer


    Id be more worried why theres a supposed Euro spec headlight on it - was it crashed before you bought it - a dealer is supposed to disclose crash damage to a buyer.

    How do you know its a Euro spec headlight - - could just be faulty and not focusing correctly. The only real way to know is to take the part number off it and ring another dealer with your VIN and see whats actually listed for it.

    Regarding the NCT - its almost 3 years later - I doubt you are really going to have much luck with getting anywhere now - can you prove it wasnt roadworthy at the time of sale? Thats the important part - youve driven it for 3 years worry free Im assuming. It was NCT`d when you bought it.

    What warranty was given with the car?

    How does the dealer know you werent involved in a crash and changed the headlight?

    If its a reputable dealer I wouldnt be concerned about his willingness to help - Ive gone far out of my way to help customers - its just something you do to keep your reputation intact.



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  • Registered Users Posts: 2,100 ✭✭✭Neil_Sedaka


    I've been told by the NCT and a different, reputable garage with a pre NCT lane that it's Euro spec.

    Thanks dor the input.



  • Registered Users Posts: 2,100 ✭✭✭Neil_Sedaka


    I did ask at the time of purchase if it had accident damage, and was told no (his word against mine I suppose)

    According to a motor check, the car was stolen/recovered within the first year of registration.

    Doesn't explain how it passed it's NCT every year since though. The car was first registered in 2013.



  • Moderators, Arts Moderators, Recreation & Hobbies Moderators Posts: 10,581 Mod ✭✭✭✭Hellrazer


    I wouldnt be minding the NCT testers to be honest - the amount of times theyve told me something that was completely wrong - I wouldnt trust a word they tell you.

    Id still be taking the part number off the headlight and checking - there are some models out there that have dual LHD and RHD headlights that can be adjusted to suit which market its for - cuts down on production costs.

    Maybe its adjusted wrong?

    What make / model is it?



  • Registered Users Posts: 474 ✭✭ToweringPerformance


    Did you not do a motorcheck before purchasing?



  • Moderators, Arts Moderators, Recreation & Hobbies Moderators Posts: 10,581 Mod ✭✭✭✭Hellrazer


    According to a motor check, the car was stolen/recovered within the first year of registration.

    Thats a red flag - stolen cars are very rarely recovered in spotless condition.



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  • Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,697 Mod ✭✭✭✭L1011


    Stolen/recovered in first year could have been quite brief, not damaged but replaced under a first year replacement clause. My parents car was swiped with the keys after a break in (10 years ago now so its not this car!) and was recovered undamaged with the keys inside (auto-locked); but a new car had already been ordered by the insurer.



  • Registered Users Posts: 2,100 ✭✭✭Neil_Sedaka


    I didn't do a motor check before buying no 😫

    We just stumbled across it at the garage and were in desperate need of a car at the time, plus the price was very good.

    It's a Hyundai i40 saloon, 1.7 CRDI.

    Have checked and there's not an option to switch between LHD - RHD on this particular model.

    Due to health issues, I'm not in a position to remove the light unit to check the serial or barcode.



  • Registered Users Posts: 5,837 ✭✭✭User1998


    OP I don’t see how you can force the dealer into fixing this. You could have crashed the car and fixed it yourself with a headlamp you found online and are now trying to blame the dealer. It passed the NCT when it was sold to you. You do not have 3 years worth of consumer rights on a used car. Maybe 3 months not 3 years. Although I do believe you that you have not crashed it may be hard to prove otherwise if going the legal route.



  • Registered Users Posts: 2,100 ✭✭✭Neil_Sedaka


    My thoughts exactly. But someone managed to get it through the NCT year after year between 2015 and November of last year.

    Possible someone had a tip in it and bought a unit on ebay or something! 😮



  • Registered Users Posts: 2,100 ✭✭✭Neil_Sedaka


    Yeah, according to Consumer Rights, the car HAD to be roadworthy at time of sale.

    I have 3 years to contest that, but as you say, their word against mine.



  • Registered Users Posts: 2,100 ✭✭✭Neil_Sedaka


    I wouldn't sell the car privately with this issue.

    So if I can scramble a few quid together, I may just trade it in with another dealer.

    Can't imagine it's worth more than a few grand at this stage.



  • Registered Users Posts: 5,837 ✭✭✭User1998


    Can I ask what car it is? Can you not get a second hand headlamp from a scrapyard? What car is only worth a couple of grand yet has headlamps that cost €700?

    At the very least you should get the dealer to do your NCT for you since they have offered. Don’t worry about selling the car or trading it in just yet. They seem reasonable, why not ask them to get you a second hand headlamp?



  • Registered Users Posts: 2,100 ✭✭✭Neil_Sedaka


    It's a Hyundai i40 with DRL lights.

    Iv'e seen a few from the scrappers, but they're asking €650 + Vat for a replacement.

    I'm guessing the car is prob worth 4K - 5K on a trade in, depending on what I'm buying.



  • Registered Users Posts: 474 ✭✭ToweringPerformance


    That's mad money for a unit like that from a scapper. I thought that was a dealer price.



  • Registered Users Posts: 5,837 ✭✭✭User1998


    I just checked Ebay and the most of them are €200 or so? They are mostly UK sellers but you can get them sent to a parcel forwarder up North for free delivery and no import fees.



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  • Registered Users Posts: 2,100 ✭✭✭Neil_Sedaka


    Certainly possible the previous owner had a tip in it and bought the wrong unit for it.

    This may not have been recorded on the cars history.

    So like I said earlier, his word against mine. I "Think" the car was sold to the garage with a valid NCT, but can't confirm that as yet as I don't know when he took it in.



  • Registered Users Posts: 2,100 ✭✭✭Neil_Sedaka


    Cheers, will check that out. Basing my pricing on Adverts and Donedeal.

    If we decide to hold on to it, I could afford that within a few months, after dealer's mate passes it.



  • Registered Users Posts: 2,100 ✭✭✭Neil_Sedaka


    Don't suppose you have a link @User1998



  • Registered Users Posts: 2,100 ✭✭✭Neil_Sedaka


    Another question for you wonderful peeps.

    I go to buy a car, I ask dealer if it has accident damage, he say's no.

    I understand he's not required to tell me unless I actually ask.

    So is this another case of his word against mine?

    How do you get around that? Ask for it in writing?



  • Registered Users Posts: 22,235 ✭✭✭✭Akrasia


    I'd be worried that the dealer 'knows a guy' who can get cars through an NCT that he knows should have failed

    Doesn't say much for whether any of the cars he sells with an NCT are actually roadworthy or were the NCTs rigged in his favour



  • Moderators, Arts Moderators, Recreation & Hobbies Moderators Posts: 10,581 Mod ✭✭✭✭Hellrazer


    Doesnt really happen-to be honest. I dont think it ever did happen other than anecdotal evidence - Id say hes going to throw a beam bender on it, get it through and give it back to the OP.



  • Registered Users Posts: 2,100 ✭✭✭Neil_Sedaka


    Totally agree. And it's not the first time I've heard this happen.

    An NCT tester that I met once (outside of work) told me he could get pretty much most cars passed for a fee unless they were dangerous.

    He actually offered me this service, but I declined (a few years ago with a VW Golf)

    I like to know what's going on with my car.



  • Moderators, Arts Moderators, Recreation & Hobbies Moderators Posts: 10,581 Mod ✭✭✭✭Hellrazer


    @Neil_Sedaka

    If you wanted to order - you can use my NI company address for delivery. A lot of Ebay sellers are free delivery to the UK.



  • Registered Users Posts: 2,100 ✭✭✭Neil_Sedaka


    That sounds fantastic, cheers mate, very much appreciated.



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  • Registered Users Posts: 2,100 ✭✭✭Neil_Sedaka


    I guess I'll see how the next few days pan out, but also question dealer about my next NCT.

    Really, really appreciate all of the replies and assistance.

    Great bunch as always, thanks guys.



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