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Bought BMW from garage owner

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Comments

  • #52
    DUBACC
    Registered Users Posts: 486 ✭✭DUBACC


    Sponge Bob wrote: »
    Sale of goods Act thereforte applies and is it a BMW garage by the way ??

    Hi bob - no, it is a small garage. I've seen them there for years - just assumed they were reputable. Next step is i am going in to the garage tomorrow lunchtime to 'have a word'.


  • #53
    DUBACC
    Registered Users Posts: 486 ✭✭DUBACC


    Onkle wrote: »
    Have you brought the car back to the dealer? If so what did he say? Just you didn't mention that anywhere

    Hi Onkle - no not yet. Going in there tomorrow with the quote for the repairs.


  • #54
    delly
    Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 7,717 Mod ✭✭✭✭delly


    Regardless of whoever had title of the car, I get the impression that said owner sold the car knowing full well of the existing gearbox problem. Seems like some very dishonest behaviour imho.


  • #55
    DUBACC
    Registered Users Posts: 486 ✭✭DUBACC


    delly wrote: »
    Regardless of whoever had title of the car, I get the impression that said owner sold the car knowing full well of the existing gearbox problem. Seems like some very dishonest behaviour imho.


    I agree delly, i just wanted to get my thoughts straight and get other peoples' opinions before i went to meet him. The wife warned me not to just march straight in as i'd only lose the head. Sensible wifey!


  • #56
    Gary ITR
    Closed Accounts Posts: 16,801 ✭✭✭✭Gary ITR


    DUBACC wrote: »
    Hi Onkle - no not yet. Going in there tomorrow with the quote for the repairs.

    So you've written a complaint to SIMI without even speaking to the garage in question? For all you know the garage may very well repair your car.

    First port of call should have been to the garage.


  • #57
    L-M
    Registered Users, Registered Users 2 Posts: 23,694 ✭✭✭✭L-M


    Onkle wrote: »
    So you've written a complaint to SIMI without even speaking to the garage in question? For all you know the garage may very well repair your car.

    First port of call should have been to the garage.

    And should still be.

    It's not six o'clock yet...


  • #58
    DUBACC
    Registered Users Posts: 486 ✭✭DUBACC


    Limerick man wrote: »
    And should still be.

    It's not six o'clock yet...

    Yes i know that. To clarify, i rang them to see what the best course of action is. They sent me a form and told me to get a quote for the repairs and go and see the garage in question. Then get his take on the form i am going to lodge with them. I am following this course of action. Apologies if i was a little vague.


  • #59
    Darsad
    Registered Users, Registered Users 2 Posts: 679 ✭✭✭Darsad


    OP before you get into a big wrangle check that the rear tyres on your car are identical ie same size,make thread pattern and dept. Differing rolling circumfernces on the driven wheels can cause shift problems in A/T BMW's. Same size tyres of different makes even when brand new can have different circumference as i said earlier i have seen trannies replaced for the want of a tyre.


  • #60
    DUBACC
    Registered Users Posts: 486 ✭✭DUBACC


    Darsad wrote: »
    OP before you get into a big wrangle check that the rear tyres on your car are identical ie same size,make thread pattern and dept. Differing rolling circumfernces on the driven wheels can cause shift problems in A/T BMW's. Same size tyres of different makes even when brand new can have different circumference as i said earlier i have seen trannies replaced for the want of a tyre.

    Interesting - thanks for the advice. Will take a look.


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  • #61
    Kartale
    Closed Accounts Posts: 167 ✭✭Kartale


    DUBACC wrote: »
    Right - here's one for you consumer rights folks. Bought a lovely BMW 5 series from a garage in March. When i went to pick up the car the owner informed me that the car was actually his own personal car and not the garage's, even though it was advertised on carzone as from the garage. Got a receipt for the money paid and handed over my old 3 series. Was chuffed as it was a good deal but a little wary over the personal v garage issue. There was no warranty listed on the receipt although a verbal 3 month warranty was mentioned. I didn't worry too much as i've bought cars like that before direct from the owner.

    However, this time i've hit a bit of a dud. The gearbox needs replacing and is going to cost about 6k. Have i any rights or am i just going to grin and bear it? I have contacted the SIMI and filled in a complaint form already. :mad:

    When buying as a consumer from a person in the trade esspecially from their own premises, you have rights.
    They cannot legally sell a car privately or otherwise as a professional in their own market to a consumer & claim no warranty given.
    It is up to them to prove that the car was of merchantable quality when sold over to you.
    keep recoreds of dates, calls etc.
    Was there a big reduction in price compared to similiar cars that may act in his no warranty defence ?


  • #62
    smash
    Closed Accounts Posts: 34,809 ✭✭✭✭smash


    Kartale wrote: »
    Was there a big reduction in price compared to similiar cars that may act in his no warranty defence ?

    That wont matter, as far as I know, legally a garage has to supply a minimum of 3 months warranty.


  • #63
    Kartale
    Closed Accounts Posts: 167 ✭✭Kartale


    Your right Steve06, but it might go towards explanation why no warranty was given.


  • #64
    DUBACC
    Registered Users Posts: 486 ✭✭DUBACC


    Kartale wrote: »
    When buying as a consumer from a person in the trade esspecially from their own premises, you have rights.
    They cannot legally sell a car privately or otherwise as a professional in their own market to a consumer & claim no warranty given.
    It is up to them to prove that the car was of merchantable quality when sold over to you.
    keep recoreds of dates, calls etc.
    Was there a big reduction in price compared to similiar cars that may act in his no warranty defence ?

    There was a reduction of about 6k in the price alright - that was down to an unrealistic original price and the general market conditions than anything else.


  • #65
    call d
    Closed Accounts Posts: 77 ✭✭call d


    Had the same problem, go the legal road as soon as you can, SIMI aren't worth a toss.


  • #66
    Gary ITR
    Closed Accounts Posts: 16,801 ✭✭✭✭Gary ITR


    call d wrote: »
    Had the same problem, go the legal road as soon as you can, SIMI aren't worth a toss.

    I would ring or go to the garage first. Seriously, anything else you do before that is a waste of time


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  • #67
    DUBACC
    Registered Users Posts: 486 ✭✭DUBACC


    Right - update. Went to see the garage owner today - the bloody thing has shut down and gone out of business this week!! :eek::mad: Legally i cant touch them.

    Anyone got a cheap gearbox for sale?


  • #68
    robtri
    Registered Users, Registered Users 2 Posts: 5,473 ✭✭✭robtri


    DUBACC wrote: »
    Right - update. Went to see the garage owner today - the bloody thing has shut down and gone out of business this week!! :eek::mad: Legally i cant touch them.

    Anyone got a cheap gearbox for sale?

    Jesus thats bad luck alright.... plenty of breakers around to get a second hand part....


  • #69
    Mr Benevolent
    Closed Accounts Posts: 12,456 ✭✭✭✭Mr Benevolent


    DUBACC wrote: »
    Right - update. Went to see the garage owner today - the bloody thing has shut down and gone out of business this week!! :eek::mad: Legally i cant touch them.

    Anyone got a cheap gearbox for sale?

    Bad luck indeed. Make sure you check the tyres are the same size first though, as a poster mentioned above, as it can cause autobox problems if they're not.


  • #70
    DUBACC
    Registered Users Posts: 486 ✭✭DUBACC


    Confab wrote: »
    Bad luck indeed. Make sure you check the tyres are the same size first though, as a poster mentioned above, as it can cause autobox problems if they're not.

    Yeah, i have a mate in the know - i can get him to check it out.

    Just arrived back in work now - need a stiff drink!!


  • #71
    caze
    Registered Users, Registered Users 2 Posts: 120 ✭✭caze


    Thats really back luck mate, I had a gearbox go in a Seat Leon years ago with only 39k miles on it. Garage and Seat Ireland were useless, cost me guts of two grand in end.
    If I was you I'd try and source one from the UK, get it fitted then trade the car in. I never trusted my leon after getting it fixed, got freaked everytime I heard a funny noise!

    http://cgi.ebay.co.uk/BMW-1SERIES-3-SERIES-%2F-5-SERIES-AUTO-GEARBOX-3260-MILES_W0QQitemZ300325052824QQcmdZViewItemQQimsxZ20090624?IMSfp=TL090624169003r15061


    This will fit your car, it's a 2004 520i isn't it?
    Here's the tech spec of your gearbox anyhow, you can use your chassis number to get an exact match for your car if any doubt.

    http://www.realoem.com/bmw/partgrp.do?model=NA32&mospid=47750&hg=24&fg=05


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