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New Purchase - Rights

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  • 02-09-2008 8:29pm
    #1
    adne
    Registered Users Posts: 1,204 ✭✭✭


    Hi All,

    I have a query as to the consumers rights in terms of getting a 1 year old car replaced with a new car.

    I Purchased a New 07 Toyota Corolla last August, In the space of the last year (at roughly 4 month intervals) this car has stalled, problem with engine overheating, losing oil, losing water and needed to be brought back to the Garage where I purchased.

    As you can understand I have now lost my patience and want a new car in place of this obviously flawed car. I am thinking that if this is happening after 1 year what kind of problems will occur after 3 years.

    Please can someone provide me with details of where I stand. I have contacted Toyota Ireland and they state it is at the Dealers discretion. This car has the standard 3 year toyoya warranty. I am fed up of it been patched up and again causing trouble.

    Regards,
    Disgruntled Toyota Driver
    Tagged:


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    #2
    peasant
    Registered Users Posts: 17,819 ✭✭✭✭peasant


    I see you posted the same query in Consumer Issues already

    (as info to those who might want to direct you there)


  • Options
    #3
    alexmcred
    Closed Accounts Posts: 2,487 ✭✭✭alexmcred


    adne wrote: »
    Hi All,

    I have a query as to the consumers rights in terms of getting a 1 year old car replaced with a new car.

    I Purchased a New 07 Toyota Corolla last August, In the space of the last year (at roughly 4 month intervals) this car has stalled, problem with engine overheating, losing oil, losing water and needed to be brought back to the Garage where I purchased.

    As you can understand I have now lost my patience and want a new car in place of this obviously flawed car. I am thinking that if this is happening after 1 year what kind of problems will occur after 3 years.

    Please can someone provide me with details of where I stand. I have contacted Toyota Ireland and they state it is at the Dealers discretion. This car has the standard 3 year toyoya warranty. I am fed up of it been patched up and again causing trouble.

    Regards,
    Disgruntled Toyota Driver

    Sorry for your troubles.

    What has the garage said to you about this so far?

    You need to start off by sending a register letter to the garage outlining your complaint. Give them a stated amount of time to respond to your letter 5 -10 working days.

    If you get no joy from this you will need to contact an engineer to compile a report on the car. Prob best to ring your solicitor at this stage and see what he says to you.

    If the garage don't play ball you are in for a long fight I'm afraid. Also these things are time sensitive.

    I would not chase the garage for a new car but see if they will swap it for a demo model.

    Hope this helps


  • Options
    #4
    Steve
    Moderators, Category Moderators, Entertainment Moderators, Sports Moderators Posts: 22,584 CMod ✭✭✭✭Steve


    You could try contacting SIMI if the dealer is a member. I would only do that if you have tried the usual consumer rights channels first.

    I havent read the thread on CI but I'm sure you'll get better advice as to your rights there.

    In any case you're well protected under the sale of goods act.


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    #5
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    SteveC wrote: »
    You could try contacting SIMI if the dealer is a member. I would only do that if you have tried the usual consumer rights channels first.

    I havent read the thread on CI but I'm sure you'll get better advice as to your rights there.

    In any case you're well protected under the sale of goods act.


    Any product should be fit for the purpose for which it is supplied. If it is not the retailer should repair or replace or refund the purchase price. It is a question of degree whether the frequency of breakdowns mean that the car is not fit for its purpose. You will need to get a solicitor who will have to get an engineers report on the car. After that you sue the garage - if the engineers report is emphatic enough in your favour. Most garages will not want the publicity of a court case and will probably settle.


  • Options
    #6
    Steve
    Moderators, Category Moderators, Entertainment Moderators, Sports Moderators Posts: 22,584 CMod ✭✭✭✭Steve


    Jo King wrote: »
    Any product should be fit for the purpose for which it is supplied. If it is not the retailer should repair or replace or refund the purchase price. It is a question of degree whether the frequency of breakdowns mean that the car is not fit for its purpose. You will need to get a solicitor who will have to get an engineers report on the car. After that you sue the garage - if the engineers report is emphatic enough in your favour. Most garages will not want the publicity of a court case and will probably settle.
    I agree 100%


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    #7
    Stevie Dakota
    Closed Accounts Posts: 2,817 ✭✭✭Stevie Dakota


    Your case is not helped by it being a Corolla, sure who would believe you! Seriously though, best of luck getting it resolved.


  • Options
    #8
    Del2005
    Registered Users Posts: 18,984 ✭✭✭✭Del2005


    adne wrote: »
    Hi All,

    I have a query as to the consumers rights in terms of getting a 1 year old car replaced with a new car.

    I Purchased a New 07 Toyota Corolla last August, In the space of the last year (at roughly 4 month intervals) this car has stalled, problem with engine overheating, losing oil, losing water and needed to be brought back to the Garage where I purchased.

    As you can understand I have now lost my patience and want a new car in place of this obviously flawed car. I am thinking that if this is happening after 1 year what kind of problems will occur after 3 years.

    Please can someone provide me with details of where I stand. I have contacted Toyota Ireland and they state it is at the Dealers discretion. This car has the standard 3 year toyoya warranty. I am fed up of it been patched up and again causing trouble.

    Regards,
    Disgruntled Toyota Driver

    Are you checking the fluids on a regular basis, some models of Corolla are known to burn ~1l per 1000km. If it is happening all of a sudden it would be an easy fix for a garage but it sounds like it's happening a few times and if you aren't checking your fluids you'll be laughed out of the place.

    If you are checking you fluids then yeah you should get a new car but be prepared for a long fight. The garage is repairing the issue each time and 4 months between incidents doesn't appear to be singal issue but multiple issues
    Stevie Dakota wrote: »
    Your case is not helped by it being a Corolla, sure who would believe you! Seriously though, best of luck getting it resolved.

    It all depends on where they are made!!


  • Options
    #9
    adne
    Registered Users Posts: 1,204 ✭✭✭adne


    spoke with the garage today, the car is leaking small amounts of coolant. They say it is leaking from the head and that they can rectify the problem.


  • Options
    #10
    10-10-20
    Registered Users Posts: 7,023 ✭✭✭10-10-20


    adne wrote: »
    spoke with the garage today, the car is leaking small amounts of coolant. They say it is leaking from the head and that they can rectify the problem.

    Do the 4 symptoms match the proposed solution...??
    adne wrote: »
    ... this car has stalled (1), problem with engine overheating (2), losing oil (3), losing water (4) and needed to be brought back to the Garage where I purchased.

    If you lost a significant amount of coolant, then yes, it explains some overheating and the loss of water (1 & 2), but this does not explain stalling or losing oil (3 & 4).

    Question: When you returned the car to the garage when the faults occurred, did the garage mention that the coolant/water was low and inform you to keep an eye on it?
    If the answer to this is no, then refuse to allow the garage to service the car further, contact a solicitor and prepare to have an engineer's report completed.


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