Garage where I traded in a car against a new one are now demanding €5000

banneralltheway

Yesterday I posted this on "An Fear Rua" to see if anyone had come accross my problem befre. After getting lots of advice , one of the contributors advised me to come on to this website as he said that there are some excellent contibutors on this website as well. So here goes!!

Have any of you ever come across this scenario. I traded in my car a couple of months ago against a new one and a couple of weeks ago started getting calls from the garage asking me if I had any problems with the car I traded in. I told them that I hadn't and thought that it was over until I received a letter from them yesterday demanding €5000 for a fault in the engine. They said because I signed a form that they are entitled to come after me for the money. Could this be correct? The car was perfect when I traded it in and I really can't understand whats going on.

foggy_lad

afaik as you are a private individual and effectively sold the car to them it is a case of buyer beware and they have no comeback against you for faults to the car after they take possession of it, also you can simply claim that any faults are of their own making from after they took possession!

what form are they saying you signed?

banneralltheway

to be honest I didn't sign any form but my spouse collected the car for me and signed what they thought were just the usual forms but didn't get any copy

RoyalMarine

personally, id ignore the letter. If you get another, then contact your solicitor.

moved to motors.

drunkmonkey

send them back a thank you card for their april fools joke, they haven't a leg to stand on, they'd have a very tough time proving the engine fault was 100% caused by you. Don't worry about it. Ignore them.

Berty

Never ignore a letter because they will only persist.

Damn them to hell anyway. The cheek of them.

BUYER BEWARE

Send them a link to this

cabrwab

Id love to see this so called form OP!

Everyone here as bought and sold cars to and from garages and none have them have ever stated the car must be of perfect mechanical working order.
If its an engine fault you didn't know about how can you be responsible.
Surely they'd of checked out the car took it for a quick test drive etc before handing you the money.

Anyway, buyer beware, i wouldn't ignore the letter though.
As when a garage buys it is sold as seen, usually, its taken a garage will know how to fix it without costing much money to them.

Id say the garage sold you a more expensive car then what they bought off you.

There are guys here who work in garages hopefully they can clear it up properly for you.
But id love to know what you traded in and what you got, full details really.

smellslikeshoes

They haven't a leg to stand on. I would still contact a solicitor about it though.

Drummerboy08

The garage in question would have to prove that you were aware of the fault when you traded it in. If you were aware of it, then yes, you are liable.

If you had no idea the issue was there, then your ok.

Go to your solicitor and bring the letter with you. I'm fairly sure you are not liable for any costs in this case.

Absurdum

banneralltheway wrote: »

I traded in my car a couple of months ago against a new one and a couple of weeks ago started getting calls from the garage asking me if I had any problems with the car I traded in. I told them that I hadn't and thought that it was over until I received a letter from them yesterday demanding €5000 for a fault in the engine. They said because I signed a form that they are entitled to come after me for the money. Could this be correct? The car was perfect when I traded it in and I really can't understand whats going on.

lol I would tell them in the strongest possible way to go fudge themselves, chancers! Please please please scan the letter and post it up here, those clowns deserve to be named and shamed!

biko

A dealer has to sells the car as "fit to purpose", whereas a private individual does not. However, a solicitor can give you legal advice, boards posters cannot.

bazz26

OP, pay a visit to your local Citizen's Advice Bureau, a consoltation with them is free of charge and they should be able to tell you where you stand.

You can then decide if you need to take it a step further and go to a solicitor.

mickdw

Op, you are not a mechanic. If the car was driving when traded in & provided it wasnt leaving a trail of oil or very noticeable smoke down the road, you have no case to answer.

Even if the garage got you or your partner to sign some document, they would have to prove the fault was there when you actually handed it over & also that you knew about it.

If the document signed gave them any further cover, I couldnt see it standing up in law.

Very strange carry on by a garage, ring them and tell them the car was fine when you traded it in (as you have told them and also the salesman who took it in should have had a looksee minimally), no point p1ssing them off as no doubt you have a warranty on your car that you want honoured should the need arise.

MagicSean

I assume you didn't tell any lies when you sold the car. And i'd say they also had a mechanic check it out before they agreed to take it. In which case you don't owe them anyway. What exactly is wrong with the car? What type of car is it?

Absurdum

it was 2 months ago, they could have driven it to Siberia and back in that time, case closed

Seth Brundle

tell them to go and sh...

rebel.ranter

Tell them to politely f€ck off, through a solicitor's letter to cut off any further BS.

banneralltheway

Thanks for all the support and advice I really appreciate it. I left the letter into my solicitors office on Friday and because of the easter break I won't get a chance to meet him until tuesday. To the very best of my very limited knowledge of cars the car was going perfect - I was driving it all the time and it was the same as it always was. Naturally I priced different cars before I decided on the one that I have now and all the garages I went to gave me prices for a trade in and test drove my car - not one of them said anything about my car. To be perfectly honest I don't know what this guy is playing at. Once I seek legal advice and get the ok to do so I will name and shame this chancer.

Keep in mind the warranty on your own vehicle that you bought off him, fingers crossed you won't need it but he sounds a right numpty.

Welcome along too by the way.

CharlieCroker

The warranty that they issued for your car has NO bearing on the car htat you traded in. I was in the trade for 5 years and i've never EVER heard of this happening for a mechanical fault. I have for crash damage though.

MAke an appointment with the sames manager / director or whatever and have a calm conversation with him but be firm and leave him in no doubt that he's not getting a PENNY!!

mickdw

If he came back 2 days after trade took place, well they might have some sort of a case but 2 months is silly. Everyone in the garage has probably been driving daily since & of course in these situations nobody ever checks oil levels etc.

v300

They are asking on the off chance that they might scare some money out of you. Thankfully you've had the good sense to ask here.

Tell them thanks but no thanks.

banneralltheway

Absoulutely - I can see how some people would hand them over money - but if the opions on this and Fear Rua are anything to go by I shouldn't even entertain them- Thanks once again for all the advice!

v300 wrote: »

They are asking on the off chance that they might scare some money out of you. Thankfully you've had the good sense to ask here.

Tell them thanks but no thanks.

746watts

I'd tell them to take a run and jump. They are trying to scare money out of you.

Chancers!

Raiser

Don't go near a Solicitors Office - Potentially you could find yourself in a situation where you have two sets of Gobshítes trying to extort money from you......

- Let them bring you to Court and after the Judge throws it out while warning them for wasting Court time mention that you feel your Character has been called into question and that you have been unduly worried and upset hence your demands for compensation to be paid in a great many Furry Dice.

CuoreSportivo

I gotta agree with Berty. Never ignore a letter. The most important thing to establish is when the fault became apparant. If it was immediately apparant when someone in the Garage drove the car after you traded it in then they may try and pursue it on the grounds that they feel that you may have been trying to defraud them. However, if a fault was found when they went to service the car for a subsequent purchaser, or if a fault was found while a mechanic was working on the car you can not legitimately be accused of trying it on. The rule of Caveat Emptor does apply and if any case does arise it will be up to the Garage to prove that there was a fault with the car at the time that it was traded in, AND that you were aware of the fault.

AARRRGH

Raiser wrote: »

Don't go near a Solicitors Office - Potentially you could find yourself in a situation where you have two sets of Gobshítes trying to extort money from you......

I agree with this. The best ever advice I got from a solicitor was "don't use a solicitor". Why? Because you're then "in the system" and it can drag on for ages and cost you a fortune.

Write them back a polite letter saying the car was fine when you handed it in two months ago, their mechanic even verified this, so will they please stop harrassing you as you are finding it very stressful and upsetting.

Pkiernan

banneralltheway wrote: »

Thanks for all the support and advice I really appreciate it. I left the letter into my solicitors office on Friday and because of the easter break I won't get a chance to meet him until tuesday. To the very best of my very limited knowledge of cars the car was going perfect - I was driving it all the time and it was the same as it always was. Naturally I priced different cars before I decided on the one that I have now and all the garages I went to gave me prices for a trade in and test drove my car - not one of them said anything about my car. To be perfectly honest I don't know what this guy is playing at. Once I seek legal advice and get the ok to do so I will name and shame this chancer.

Can you keep us updated as to how this works out please?

And if permitted, please scan and post the letter (with names blacked out if required).

thanks.

Piratez

First I ever heard of something like this anyone could have driven or damaged the cars engine in the last few weeks when it was in their possession.

Sounds like that dealership is desperate to make money from unsuspecting customers :eek:

Tigger

hello and welcome

now tell them you would like to see whatever warrentee they think you gave on the engine

atlantean

banneralltheway wrote: »

I traded in my car a couple of months ago against a new one and a couple of weeks ago started getting calls from the garage asking me if I had any problems with the car I traded in.

I am assuming this was a main dealer where you purchased the new car. Was the car that you traded in the same make as what they sell? If so then they should definitely know how to check it.

Either way when a dealer purchases a car off a private seller they do so as seen — there is no warranty given by the private seller!

foggy_lad

Tigger wrote: »

hello and welcome

now tell them you would like to see whatever warrentee they think you gave on the engine

even if you or your wife unknowingly signed some kind of warranty wher the car was dropped off in the garage it is not worth the paper it is written on as you were not informed about it.

getting you to sign a warranty form at the same time as the change of ownership forms etc would be nothing more than a scam by someone in the garage.

DubTony

This reminds me of when I traded in a Pajero. I went back over to the dealer to pick up the spare key, and the guy told me he'd made a mistake. He gave me a trade in price based on a long wheel base Pajero, while I had traded a SWB. So as I took the key from him I asked him what was going to happen. He said he needed another grand to make up the difference.

"Will I make a run for the door before I start laughing or should I just crack up right now?"

He took it well. I shrugged. He sighed and nodded, and I said my goodbyes. He still sent me a Christmas card.

jimoc

Send them back a letter stating that the car was sold to them as seen, that no warranty was offered or implied and that you would like to see any documentary proof otherwise with your signature on it, not your wifes, as she was not party to the deal, it must be your signature.

And please scan the letter they sent you, I need a good laugh

slave1

and don't forget to register the letter

ninty9er

Ask your solicitor if a law supporting their claim for €5k exists. If the answer is no, then instruct the solicitor to send a letter requesting that they point to the legislation backing up their claim.

Have it made clear you will let this go to court if the garage wishes to take that course of action. Nothing scares a board of directors like a court case. Bad press, damage to reputation and if a main dealer; the possibility of losing their franchise if this case looks like damaging the product image.

DUBLINHITMAN

Just tell them it's in the post along with a gypsy curse
and put on a real pyke accent
they'll probably won't get back in touch

foggy_lad

ninty9er wrote: »

Ask your solicitor if a law supporting their claim for €5k exists. If the answer is no, then instruct the solicitor to send a letter requesting that they point to the legislation backing up their claim.

Have it made clear you will let this go to court if the garage wishes to take that course of action. Nothing scares a board of directors like a court case. Bad press, damage to reputation and if a main dealer; the possibility of losing their franchise if this case looks like damaging the product image.

and your solicitor will do all this for nothing?

pay nothing to get these scam artists off your back simply call into the garage when passing as face to face is what they do not want! they want you to call a solicitor who will tell you there may be some law going back a thousand years whereby they have a claim, anything to make work for themselves in these lean times, and most people will write a cheque and write it off as going to the district or circuit court could cost thousands in fees.

call into them and ask why they consider you liable for any damage and also tell them the car was sold to them as seen and any faults should have been found at the time by their own mechanic.

old_aussie

Hi,

In Oz, If I trade my car in on another car, the car dealer has their professional assessor evaluate the car.

The car dealer then offers me a value/trade price on the car as part payment towards the other car.

If the car I trade-in sh_its itself 5 mins after the deal, then it's their problem as it was their assessor/valuer who determined the condition/value of the car as a trade-in.

The garage you delt with sounds like they don't have a clue what they're doing and are now trying to put one over on you.

What the garage is doing is making themselves look very unprofessional.

They have made a mistake and now they want you to pay for it.