am i entitled to a refund?

JayzuzHowiye

Can't log into my other account, so excuse this being my first post.

Basically I lost the key to my car, had a reputable company come and cut me a new one, programme it to the car so I could start it.

The car still won't start, after consulting with a mechanic he said the immobilizer is shot, and that the auto locksmith had to have known this, otherwise the key could never have been programmed right.

What i'm asking is am i entitled to a refund, under The Sale of Goods and Supply of Services Act 1980 it states:

39.—Subject to section 40, in every contract for the supply of a service where the supplier is acting in the course of a business, the following terms are implied—
[GA]
( a ) that the supplier has the necessary skill to render the service,
[GA]
( b ) that he will supply the service with due skill, care and diligence,
[GA]
( c ) that, where materials are used, they will be sound and reasonably fit for the purpose for which they are required, and
[GA]
( d ) that, where goods are supplied under the contract, they will be of merchantable quality within the meaning of section 14 (3) of the Act of 1893 (inserted by section 10 of this Act).

That to me seems I'm entitled to a full refund as the goods were not fit for the purpose intended (Key=start car).

After forking out over €250 for this, I'm not a happy camper as you could imagine, small claims court is what I'm thinking.

Any help would be greatly appreciated.

Brian

JimsAlterEgo

did you not try it when he was there?

if the key gets you into the cat then you could struggle?

JayzuzHowiye

Tried it when he was there, he said his job was done, and to ring a mechanic.

It gets you into the car, but it doesn't start the car, thats where "not fit for the purpose intended" comes to mind, as what use is a car key that can't start your car?

JimsAlterEgo

IMO thats what a locksmith is there for, sounds like you needed a mechanic TBH, it really boils down to what was said to him before he started

JayzuzHowiye

JimsAlterEgo wrote: »

IMO thats what a locksmith is there for, sounds like you needed a mechanic TBH

I had an auto-locksmith out, they specialize in this area. Most mechanics wouldn't have the equipment to cut a key, let alone code one.

CoNfOuNd

Surely once the mechanic fixes the immobiliser you will still need the new key you had cut since you lost your old one?

JayzuzHowiye

CoNfOuNd wrote: »

Surely once the mechanic fixes the immobiliser you will still need the new key you had cut since you lost your old one?

Technically would need another new key programmed as immob/key are coded uniquely.

Cabaal

You still had no key so surely he gave you a key regardless and he can charge for this, you wouldn't have been able to open the car and attempt to start it withyout a key surely?

JayzuzHowiye

Cabaal wrote: »

You still had no key so surely he gave you a key regardless and he can charge for this, you wouldn't have been able to open the car and attempt to start it withyout a key surely?

I understand this, but the key was bought under the pretenses that it would "start" the car, and that it didn't.

ch750536

Same thing happened to me, I hired a person of dubious nature to switch the immobilizer off, took 5 mins & €50.

The key was irrelevant in my case as the car starts with anything in the ignition if the immobilizer is off.

Depends on what you asked the locksmith for, normally only registered dealers of that vehicle manufacturer can change the immobilizer or reprogram keys.

eta

'immobilizer is shot' - the key making guy wouldnt have known this until he was in the car and trying to start it, not his issue. Fix the immobilizer & the key may work.

JayzuzHowiye

ch750536 wrote: »

Same thing happened to me, I hired a person of dubious nature to switch the immobilizer off, took 5 mins & €50.

The key was irrelevant in my case as the car starts with anything in the ignition if the immobilizer is off.

Depends on what you asked the locksmith for, normally only registered dealers of that vehicle manufacturer can change the immobilizer or reprogram keys.

eta

'immobilizer is shot' - the key making guy wouldnt have known this until he was in the car and trying to start it, not his issue. Fix the immobilizer & the key may work.

I requested for a new key, as I cannot start the car. They arrived on site, coded a key and cut it, car didn't start, paid for them thinking it may be a case of the car needing a jump start as it hadn't been started in a couple weeks.

Working out of Dublin at the moment so its tough trying to get this sorted out. Rang them today as it was the first chance I had - they told me that my immobilizer was fcuked, and thats my problem, not telling me that on the day.

What I do not understand is how could he have programmed a key if the immobilizer was not working?

btw, where did you hire such a service, I'm at my wits end!

ch750536

JayzuzHowiye wrote: »

btw, where did you hire such a service, I'm at my wits end!

I got off the ferry in Rosslare realising my keys were still in London. Phoned around mechanics asking if they knew of anyone unoficcial that could disable the immobilizer, took about 4 calls iirc. Luckily I never lock my car.

Fighting Irish

JayzuzHowiye wrote: »

I understand this, but the key was bought under the pretenses that it would "start" the car, and that it didn't.

So if he cut the key for you but the engine was ****ed and wouldn't start, you think he'd have to give you a refund?

JayzuzHowiye

Fighting Irish wrote: »

So if he cut the key for you but the engine was ****ed and wouldn't start, you think he'd have to give you a refund?

That isn't what I'm saying. To code the key you have to talk to the immobilizer, so how could he have coded the key if the immobilizer wasn't working, that is the problem - the car could never have started, there was no problem before I lost the key.

CoNfOuNd

ch750536 wrote: »

Luckily I never lock my car.

Say what? lol
You don't lock it and it's never got stolen? If I leave my car for 30 seconds it locks itself.

JayzuzHowiye

ch750536 wrote: »

I got off the ferry in Rosslare realising my keys were still in London. Phoned around mechanics asking if they knew of anyone unoficcial that could disable the immobilizer, took about 4 calls iirc. Luckily I never lock my car.

I see, may have to resort to doing this as I cannot afford to fork out anymore money on this. Cheers for the info!

the_syco

ch750536 wrote: »

I got off the ferry in Rosslare realising my keys were still in London. Phoned around mechanics asking if they knew of anyone unoficcial that could disable the immobilizer, took about 4 calls iirc. Luckily I never lock my car.

How did you get from London to Rosslare without any keys?

ch750536

CoNfOuNd wrote: »

Say what? lol
You don't lock it and it's never got stolen? If I leave my car for 30 seconds it locks itself.

I only own cars that are not worth stealing

ch750536

the_syco wrote: »

How did you get from London to Rosslare without any keys?

Train.

Fighting Irish

JayzuzHowiye wrote: »

That isn't what I'm saying. To code the key you have to talk to the immobilizer, so how could he have coded the key if the immobilizer wasn't working, that is the problem - the car could never have started, there was no problem before I lost the key.

So you think he fooked the immobilizer?

JayzuzHowiye

Fighting Irish wrote: »

So you think he fooked the immobilizer?

I think thats the case.

ch750536

Interesting, you need to prove it though.