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Cancelling bank draft on dodgy car.

  • 12-06-2011 11:29PM
    #1
    Posts: 12,708 ✭✭✭✭


    Hi Everyone,

    My mother bought a car we test drove it and it seemed fine. They promised a full service and they didn't do it, when we got it home the oil was black as hell and obviously not changed, the steering column makes a bad noise on bumpy roads which was not noticeable on the smooth roads, I had a look under at the steering column and noticed brake fluid leaking from where the brake connects inside the car.

    The receipt said 3 month warranty on engine and gearbox, so I'm sure if we went back he would just laugh, so what about cancelling the bank draft first thing in the morning? The car was bought Saturday afternoon and tell him the car is here if he wants it ?

    Any advice appreciated!


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Comments

  • Banned (with Prison Access) Posts: 7,771 ✭✭✭michael999999


    Did you not get a mechanic to check the car first?


  • Posts: 12,708 ✭✭✭✭ [Deleted User]


    no we didnt, but noone would have spotted it on the smooth roads there, or noticed the leaking fluid inside at the steering column!


  • Closed Accounts Posts: 29,466 ✭✭✭✭Our man in Havana


    Cancelling the draft is a very bad idea. Seek legal advice.


  • Registered Users, Registered Users 2 Posts: 28,501 ✭✭✭✭drunkmonkey


    Take it back for the service and get them to fix the small problems you mentioned. Nothing very wrong at the moment.

    If you bought from a trader or garage they have to fix it or refund you. You have no right to cancel the bank draft only if you return it. It's regarded as cash. You can tell the bank it was lost or stolen and they may be able to cancel it but if it wasn't it would be fraud on your part.


  • Posts: 12,708 ✭✭✭✭ [Deleted User]


    what if they say sorry warranty on engine and box. the car is great other than that and if the money goes through its surely too late then?


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  • Registered Users, Registered Users 2 Posts: 6,167 ✭✭✭ZENER


    Give them a chance to put it right first then take it further if you don't get satisfaction. Was it a well known dealer ? It's reasonable to expect that the car is safe and roadworthy when you buy it from a dealer so brake fluid leaking is cause for concern. Did the car have an NCT ? Perhaps you could try that angle when you talk to them ?

    Hindsight is 20/20 as they but the 50 quid for a mechanic to check out any car before you buy it is money well spent imo.

    Ken


  • Registered Users, Registered Users 2 Posts: 4,723 ✭✭✭Dilbert75


    If bought from a trader the car has to be fit for purpose - brake fluid leaks, if that's what they are, would surely render it unfit. Legal advice is necessary.


  • Closed Accounts Posts: 16,800 ✭✭✭✭Gary ITR


    Dilbert75 wrote: »
    Legal advice is necessary.

    Not yet it's not, the OP hasn't even bothered to contact the seller yet. The seller may repair these faults without any hassle


  • Registered Users, Registered Users 2 Posts: 3,180 ✭✭✭bryaner


    Are you for real? You bought the car without even bringing it for a spin down a rough road, my advice would be to get someone with some motor knowledge before you try to buy a car again.


  • Posts: 12,708 ✭✭✭✭ [Deleted User]


    its hard to contact the dealer on a sunday really. and i rang them as soon as we got home saturday no reply many times!

    the only thing that bothers me is having a long and potential legal road if they don't fix it, and its too late then for sure to cancle the draft!

    it has no nct and they booked it in our local centre and wrote on the receipt that tgey guarantee it to pass.


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  • Posts: 23,497 ✭✭✭✭ [Deleted User]


    bryaner wrote: »
    Are you for real? You bought the car without even bringing it for a spin down a rough road, my advice would be to get someone with some motor knowledge before you try to buy a car again.

    +1 and then he reckons .........
    ............

    The receipt said 3 month warranty on engine and gearbox, so I'm sure if we went back he would just laugh, so what about cancelling the bank draft first thing in the morning? The car was bought Saturday afternoon and tell him the car is here if he wants it ?

    is a possible course of action.

    In all fairness.


  • Closed Accounts Posts: 29,466 ✭✭✭✭Our man in Havana


    it has no nct and they booked it in our local centre and wrote on the receipt that tgey guarantee it to pass.
    Sweet jebus! Not worth the paper it is written on.


  • Posts: 12,708 ✭✭✭✭ [Deleted User]


    right so. i think cancelling the draft is the best course of action and find out then the next step. im not taking the risk if they can't be bothered to sell road worthy cars, that could seriously injure us and the fact they can do it and not care is even more reason to cancel the draft.


  • Registered Users, Registered Users 2 Posts: 22,770 ✭✭✭✭Anan1


    I don't think you can cancel a bank draft?


  • Posts: 12,708 ✭✭✭✭ [Deleted User]


    I guess we'll find out tomorrow lol


  • Registered Users, Registered Users 2 Posts: 3,360 ✭✭✭YouTookMyName


    If it's diesel the oil will be black regardless of when it's been changed.


  • Registered Users, Registered Users 2 Posts: 38,227 ✭✭✭✭Guy:Incognito


    Anan1 wrote: »
    I don't think you can cancel a bank draft?

    You can yeah.

    But not sure what will happen under these circumstances. I'd imagine the OP could potentially be done for some form of stealing or fraud.


  • Registered Users, Registered Users 2 Posts: 22,770 ✭✭✭✭Anan1


    You can yeah.
    Under what circumstances? It's not like the OP can claim it was stolen or lost, given that it was made out to the seller.


  • Closed Accounts Posts: 16,066 ✭✭✭✭omb0wyn5ehpij9


    right so. i think cancelling the draft is the best course of action and find out then the next step. im not taking the risk if they can't be bothered to sell road worthy cars, that could seriously injure us and the fact they can do it and not care is even more reason to cancel the draft.

    You are worried about a legal battle because the car has faults? Yet you are happy to cancel the draft without speaking to the seller which basically means that you have taken the car and not paid for it?

    Listen to the advise on this thread, you have messed up already by not bringing a mechanic with you. Before you do anything supid, go back to the seller, explain the issue, and go from there.


  • Registered Users, Registered Users 2 Posts: 38,227 ✭✭✭✭Guy:Incognito


    Anan1 wrote: »
    Under what circumstances? It's not like the OP can claim it was stolen or lost, given that it was made out to the seller.

    I cancelled one years ago when I was buying a phone on ebay. Smelled a rat shortly after I sent it so cancelled. Never heard a word from the seller so figure I was right. Cant remember what I told them (the bank)


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  • Posts: 12,708 ✭✭✭✭ [Deleted User]


    no its petrol. i know the difference when the oil is changed!

    I've no problem speaking to the dealers but i risk the draft being lodged and its too late then!

    thanks for the advice everyone. im off to bed.


  • Registered Users, Registered Users 2 Posts: 2,570 ✭✭✭Elmidena


    Heavily preggo friend of mine had a similar situation a while back and as soon as word got back to him that she was seeking legal aid for a small courts claim he became her best friend and gave her a different car. Course, I'm sure all the bad rep aired around on facebook didn't help his trade....


  • Closed Accounts Posts: 26 riddler95


    Is it legally possible to insure a car that has no NCT?
    Would it be road worthy?


  • Registered Users, Registered Users 2 Posts: 3,360 ✭✭✭YouTookMyName


    riddler95 wrote: »
    Is it legally possible to insure a car that has no NCT?
    Would it be road worthy?

    Once it's 6 could be 3 months expired insurance is invalid.


  • Registered Users, Registered Users 2 Posts: 2,570 ✭✭✭Elmidena


    You are insured, but if a claim arises they'll investigate closely to see was any existing problem the cause of it (faulty brakes etc)....sure this country they take your cash as soon as look at you and give nothing back....

    Holy f*ck, Ireland inspired Jack Sparrow :eek:


  • Closed Accounts Posts: 26 riddler95


    Once it's 6 could be 3 months expired insurance is invalid.

    Reason i asked was because my car failed an NCT and back then i read on the fail cert that the car was not fit to drive basically.


  • Banned (with Prison Access) Posts: 16,659 ✭✭✭✭dahamsta


    Anan1 is right, you can't cancel a bank draft. Draft == Cash.


  • Registered Users, Registered Users 2 Posts: 38,227 ✭✭✭✭Guy:Incognito


    dahamsta wrote: »
    Anan1 is right, you can't cancel a bank draft. Draft == Cash.

    Yes, yes you can. As I said above I have done it.

    And Bank Draft does not equal cash, only cash equals cash.Both can be forged anyway.


  • Closed Accounts Posts: 17,730 ✭✭✭✭corktina


    but its not forged

    The only course here is to take the car back to the Dealer.


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  • Closed Accounts Posts: 10,179 ✭✭✭✭Max Power1


    Once it's 6 could be 3 months expired insurance is invalid.
    Ah the inaccuracy

    /sigh

    NCT has no bearing on insurance unless specifically stated in your policy.
    NCT does not show that the car is roadworthy or not.


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