Car of unmerchantable quality?

zainabc

hi i was wondering if any of you know what to do
i bought a car 3 months ago
i brought nct today they told me to bring to scapyard
i dont have any money and was hoping this car would pass nct
i rang dealer he said i left it 2 late
any advice welcome

colm_mcm

zainabc wrote: »

hi i was wondering if any of you know what to do
i bought a car 3 months ago
i brought nct today they told me to bring to scapyard
i dont have any money and was hoping this car would pass nct
i rang dealer he said i left it 2 late
any advice welcome

more details definitely needed.

Make/model/year of car
How much paid
how old is the car?
what exactly is wrong with it?
how much mileage have you done since buying it?

Absurdum

zainabc wrote: »

i rang dealer he said i left it 2 late
any advice welcome

3 months is certainly not too late, seek legal advice

zainabc

the make is a corsa
year 2000
i traded in a perfectly gud micra for dis
bodywork damaged and few problems cost me round 1500 to fix
all 2getha price was 1050
havnt driven it coz its shaking a bit

zainabc

i still have to pay insurance even if i suspend it its my first car im really gutted is der anything i can do any advice appriciated?

lifer_sean

zainabc wrote: »

bodywork damaged and few problems cost me round 1500 to fix
all 2getha
price was 1050

Did you buy it needing these repairs ? If you bought on that basis then it was declared as unmerchantable quality when you bought it, so no comeback. Did you damage the bodywork after buying it? If so this could have caused the problem.

If it was "perfect" when you bought it, and you didn't damage it in the few months, then I would expect you have a case. It's the "1500 to fix" bit that could change everything.

To clarify, is that 1500 work already done prior to NCT, or a quote to fix now, after NCT ?

unkel

Did you get any warranty with the car? If so for how long, 3 months or more?

Do I understand this right: you bought a nearly 10 year old corsa that was (nearly) out of NCT for 1050 and then spend another 1500 on it?

If you don't mind me asking, what (if anything) was wrong with the Micra and why did you trade it in for the Corsa?

zainabc

right i have nct in front of me i bought it on the basis that the car was "fine" it shakes coz shocks gone and needs 2 new tyres

only ting it passed on was brakes

1500 is now to fix it cud go up to 3,000 euro

i shud hav walked away i didnt get any warrenty from dealer or any paperwork just log book

no i just bought corsa wel for 200 wit my micra my micra was fine just no power steering and im learner found turning on it hard

zainabc

shud i go to the garda bout this?

unkel

No, it has nothing to do with the Gardai, it is a civil matter, not a criminal one. Your car should have been of merchantable quality, which it clearly wasn't. I'd ring the dealer wanting a free fix of the major problems and if he is not willing to do so, I would sue him through the small claims court, aiming to get all your money back.

Here is explained exactly how to do that

zainabc

i rang him saying i caused the problems i havnt driven at all this car i dont have a full licence driver to come wit me i dont even no the garage name just was sumwer in palmerstown

zainabc

sorry wrote dat completly wrong

i rang him yesterday he started sayin car was sold as seen
he didnt tel us wen we bought

i havnt driven this car the damage was der wen i bought it just i didnt no til i took 4 nct yesterday

unkel

zainabc wrote: »

i dont even no the garage name just was sumwer in palmerstown

Hold on a second. Did you actually buy it from a dealer / garage? If not, then you bought it from a private seller and you have no come back whatsoever, sorry!

slimjimmc

unkel wrote: »

No, it has nothing to do with the Gardai, it is a civil matter, not a criminal one. Your car should have been of merchantable quality, which it clearly wasn't. I'd ring the dealer wanting a free fix of the major problems and if he is not willing to do so, I would sue him through the small claims court, aiming to get all your money back.

Here is explained exactly how to do that

Section 13 "Implied condition on sale of motor vehicles" of the Sale of Goods and Supply of Services Act, 1980 may be of some help :

(2) Without prejudice to any other condition or warranty, in every contract for the sale of a motor vehicle (except a contract in which the buyer is a person whose business it is to deal in motor vehicles) there is an implied condition that at the time of delivery of the vehicle under the contract it is free from any defect which would render it a danger to the public, including persons travelling in the vehicle

(5) Where an action is brought for breach of the implied condition referred to in subsection (2) by reason of a specific defect in a motor vehicle and a certificate complying with the requirements of this section is not proved to have been given, it shall be presumed unless the contrary is proved that the proven defect existed at the time of delivery.

It appears the onus is on the dealer to prove the car was safe (not same as being reliable or good value, etc) when delivered to you.

kazul

zainabc wrote: »

i still have to pay insurance even if i suspend it its my first car im really gutted is der anything i can do any advice appriciated?

No it's not your first car if you traded in the micra. I call shenanigans or recommend you re-post in the morning when you're sober cos something doesn't add up here.

Joey the lips

I dont think from reading this that the car was bought from an actual dealer. However if it was a dealer cannot sell a car in an unfit state. The problem lies in the fact that the buyer will now need a report from a mechanic to describe the condition of the car and its failings and how in the mechanics opinion these were caused and over what time frame.

I get the feeling that there is more to this than meets the eye.

Justin_k

there was an article in the Newspaper about this only a few days ago where a judge ruled against a dealer and forced him to pay back a customer's money and take back a car.

Check it out here.

kazul

@OP
2 words, "caveat emptor". Look it up if you have to. If you can't even remember where you bought the car you don't have much hope. Your story is all over the place, borderline incomprehensible, no specifics, throwing out figures left and right.
"A fool and his money are..."

alwaysadub

You should've brought some1 with you and got the car checked out before you bought it.
If you bought it from a garage surely you should've got more paperwork than logbook. Did you even get a receipt for the money you paid?

Eoin

zainabc, could you please use less text-speak?

kona

You bought a car with no NCT!! for 1k! What do you expect?

The car is a ****box, you have no comeback unfortunatley from what you have said.

Buford T Justice

Yeah, less text speak please. They don't charge by the letter here.

If you bought it from a private seller, then caveat emptor I'm afraid.

Try citizens advise if its a dealership as you would have some redress.

Joey the lips

eoin wrote: »

zainabc, could you please use less text-speak?

i tink dis is de future of boards......:D

God i hope i am dead....

EPM

From what you have said you bought a heap. It's not worth spending money on. I have doubts over your story mind. Put it in one understandable post with all details and you might have some hope...

zainabc

right here is full story i got left a micra by my bro in law who emigrated he told me i can sell it this was october so i was looking for a car to learn on and i found on internet this car on gumtree i text the guy and went tested this car and was ok just shaking a bit when i drove but he told me engine fine just needs nct and wont take much 2 pass. i waited for a while because i had litlle money so i fixed small things every few weeks. The man i bought off had like a forecourt so i presume he was dealer. My husband then went next day and drove and brought his friend to look this car, they said it was few things needed to be done, so i just presumed not much to be done, I brought for Nct yesterday and got the shock of my life when i read the nct paper it said it all fail except
brakes, i rang the dealer he said he doesn't believe this and i was responsible for all the damage then he said for me my micra was just as bad as this that he sold it for few hundred quid, then he said that it was sold as seen.
When my husband returned with this car i asked him where is paperwork he said he didn't even give receipt only logbook and key
My friend then checked for me the car history it was write off and they just panelled the body out and put body kit
After Nct i told my husband to go garage and say how much its gonna be he came home told me that mechanic told him sell for scrap or buy another car
i dunno do i have any comeback from this?

bongi69

If its a Dealer that is registered as a business, you might have some recourse.

I've also recently went through returning a car to a dealer, although in my case the car was actually inherintly unsafe, and was mis sold to me.

I started a thread on it here:
http://www.boards.ie/vbulletin/showthread.php?t=2055790241

Edit: Just re read the post, and if it was previously scrapped it shouldn't have been sold to you. Contact the National Consumer Agency, www.consumerconnect.ie they provided me with sound advice for my predicament

PCPhoto

what was wrong with driving the micra ??? why did you need to change it ?

alwaysadub

Was it down as a write off or down to be scrapped? There is a difference-a write off can actually be fixed up and sold on. A car that's due to be scrapped cannot be sold on at all.

unkel

bongi69 wrote: »

Contact the National Consumer Agency, www.consumerconnect.ie they provided me with sound advice for my predicament

That's the lamest NGO of them all. Dealers who were proven to have clocked many cars for donkeys years were told they were ok as long as they promised never to do it again, like a bold boy :rolleyes:

Small claims court if it's a dealer / garage, otherwise it's caveat emptor.

zainabc

em the state of it now from nct they told me best ting is to scrap it coz it will cost 2 much to fix it and its not worth it

the micra it had no power steering i found it very difficult to turn properly

jimmyw

PCPhoto wrote: »

what was wrong with driving the micra ??? why did you need to change it ?

Thats the first thing that struck me aswell

Afraid you were sold a pup from a rottweiler OP

EPM

zainabc wrote: »

em the state of it now from nct they told me best ting is to scrap it coz it will cost 2 much to fix it and its not worth it

the micra it had no power steering i found it very difficult to turn properly

You really need to determine if the seller is a dealer or not. If not, you could try threatening to give revenue his details...

colm_mcm

to be fair, a pair of tyres is about €80, shocks probably €150. what else does it need apart from that?

zainabc

Colm that's what i was thinking colm but the bodywork isn't aligned properly and when you turn its rubbing of body the Tyre the electrics would need to be sorted out my lights aren't aligned properly it needs a lot it just pass on brakes everything else fail

EPM how would i determine if he is seller he has few cars for sale on internet i saw

Jimmy my bro told me trade in or keep it and my husband has corsa i found it easy for drive i tried 2 drive micra it was 2 hard took it for a spin was too hard 2 turning i really regret it now

kona

colm_mcm wrote: »

to be fair, a pair of tyres is about €80, shocks probably €150. what else does it need apart from that?

Tracking, Headlight Alignment, Engine didnt pass emissions so god knows it could be anything from a air filter to a rebuild.

Then what ever the Visual threw up, If he was told to scrap it, Im guessing Structural issues.

Probably crashed and badly repaired.

EPM

If you are completely sure all the cars for sale are his try putting his number into Google. You'd be amazed what pops up there. Get out the yellow pages and have a look for garages and the like in the area and see if he's listed. It's a start anyway

zainabc

Kona thanks for your reply i think it was same that it badly crashed and badly repaired i no the radiator is not on properly so i am sure by nct nothing else is as wel

Emp I definitly will google his number thanks

zainabc

Just googled his number i found 4 pages of cars for sale

kona

zainabc wrote: »

Just googled his number i found 4 pages of cars for sale

Id get a engineers report, then contact the small claims, the SIMI, The gardai and any other body of authority.

Guy sounds like a danger.

If you dont get sorted, Im sure you know the best course of action for you and everybody;)

zainabc

kona but problem is iv no record of buying it no receipt just a log book
should i sell it for parts or scrap or persue this

kona

zainabc wrote: »

kona but problem is iv no record of buying it no receipt just a log book
should i sell it for parts or scrap or persue this

Find out the last owner and go from there.

colm_mcm

contact the gardai and maybe the revenue commissioners or threaten both

zainabc

yeahh il go to gardai and threaten him with revenue comminisoners il try track down owner hopefully she on facebook or something

colm_mcm

Make a plan anyway. figure out exactly how much repairing it will cost and whether it's actually repairable. Be prepared for a hostile reception too.

The thing is if he's not a dealer then you don't have any comeback, and technically he's not a dealer, you had no written warranty.

zainabc

the guy in nct told me its not worth spending the money fixing the car just buyanother and the mechanic told me same and bring it to scrap

i will go gardai and see what they say yeah that was what i was thinking he can just say he never sold car etc. because i have no paperwork only log book

CharlieCroker

kona wrote: »

Id get a engineers report, then contact the small claims, the SIMI, The gardai and any other body of authority.

Guy sounds like a danger.

If you dont get sorted, Im sure you know the best course of action for you and everybody;)

Chances are, this guy aint SIMI if he doesn't even give reciepts.

Don't go to the Gardai, they'll just tell you what you've been told here. Its a civil matter, go to a solicitor or the small claims court if you're trying for your money back.

fonecrusher1

zainabc wrote: »

kona but problem is iv no record of buying it no receipt just a log book
should i sell it for parts or scrap or persue this

Do not sell it, your only passing the problem on to someone else & you will get next to nothing for it in the condition its it.
From what you are saying you have been sold a write off that was never repaired properly. Im pretty sure thats illegal.
Having said that you really should have got the car thoroughly checked out before you accepted the deal. I wouldn't touch a car that had the symptoms you described.

You or your husband should meet with him & politely but assertively explain that you will take him to court unless the matter can be resolved in some way.
If that seems too confrontational write a letter expressing your intentions.
Give him a week to sort this out. If he doesn't respond, follow through & take him to the small claims court.

zainabc

yeah i feel its illegal as well i have to learn from the experience if i ever go buy a car again i just said scrap because i have a friend he is interested in taking it off me for an fair price

il ring legal aid tomorrow and see what happens also the gardai because i dont want this to happen to anybody else at least they will be aware of him

il ring him in the morning and i see if we can come to some agreement

zainabc

nope not at all i didn't know if i would be banned or something if i named and shamed him lol

<snip>

Eoin

Um, no thanks. Please don't post his name, number or anything like that given the allegations. Best if you pursue this through the proper channels, rather than the internets.

argosy2006

He looks like some sort of a whealer and dealer,