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Unrepairable car out of warranty

  • 18-06-2019 5:47pm
    #1
    Registered Users Posts: 66 ✭✭


    I'm looking for some opinions as to what is my best POA in this situation. I bought a car 8 weeks ago from a garage. I paid above the odds for it because (I thought) I was buying from a reliable place. Since buying it, I've not driven more than 200 kilometres, and have just been told by an independent garage that it would be at least €1,000 to even see of the engine is repairable. The garage gave me a one month warranty. I stupidly bought the car before heading abroad for 2 weeks, and in the time I had been driving it, it broke down twice. I didn't bring it back to the garage as originally it was thought to be a small problem that could have happened at any stage, and by the time I knew the full extent of the situation, I was over my months warranty. I've rung up 4 times and been told there was no manager present, that I had no comeback because there was only one month given to me in the contract, and that I could pay to have it returned to them and then pay them to have it repaired and a cheaper rate than the independent garage that has it at the minute.

    I rang for the final time today, to be shouted at on the phone for being unreasonable, and then hung up on when I suggested I had been sold a car not fit for purpose and I'd like to take it to the small claims court. I can post whatever details are necessary but in your opinions here, am I after learning a very nasty life lesson, or is it worth my while pursuing the small claims route ? I paid €1600 for the car, and the quote I've been given was around €1200 to repair.


Comments

  • Registered Users, Registered Users 2 Posts: 5,512 ✭✭✭Wheety


    Not legal advice but I would not accept a €1600 car only lasting 8 weeks, and only being actually used for 6.

    Small claims might be an option. Can claim up to €2000 I think.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    mod
    Talk to your solicitor.
    Will leave open for discussion subject to forum rule on legal advice
    Did the warranty for just one month tell you anything?


  • Registered Users, Registered Users 2 Posts: 472 ✭✭UrbanFox


    Here is a link to the courts website page on small claim procedure
    http://www.courts.ie/courts.ie/Library3.nsf/PageCurrentWebLookUpTopNav/Small%20Claims%20Procedure

    Assuming that there is no help or hindrance from a warranty wording I would have thought that this type of issue would be a suitable small claims court case as per Wheety.
    The jurisdiction is €2,000.


  • Registered Users, Registered Users 2 Posts: 1,747 ✭✭✭mdebets


    Also remember that you still have your statutory rights that the car has to be fit for its purpose when bought, so even if the warranty time has passed, you still have the right of the 3Rs.
    However, you might have problems, if the other mechanic you brought it to did some repairs, as it might be problematic to prove that he didn't cause the problems and the original garage might argue that they weren't given a chance to sort the problem first.


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