can I return a car to dealer

arcius

I am looking for advice. Recently I bought a car from dealer. paid cash nearly 6k. In around one week the car broke down after (made exactely 100 km). so I got back to dealer and left the car to be fixed as they gave me a varianty on the engine and the gearbox. after one and half weeks the car still with dealer. he explained they have very busy time etc. also he mensioned taht the engine probably needs to be changed (have to note the car has 60k km on the clock). so I spoke to the consumer rights agency and the solicitor. They both told me that I have three choises. Get my money back, let the garage fix the car, or let the garage replace the car. And it's up to me what I'm gona choose. So I came ba:rolleyes:ck to the garage. Told them what info I got (have to note the car is not fixed yet) and that I am choosing to get my money back. So the sales man contacted the owner of the garage. He said they gona fix the car and I have no other choice. I am just wondering how do you think who is right... Also I am thinking if they gona replace the engine how I will know what was the milege on the clock of that engine... I am stuck with it. maybe somebody had similar problem? It is very interesting as the lawer and the consumer rights agency gives me one story. My lovely garage gives me another story. I also went to the other garages just to find information and they all gives me diferent answers how it really should be. One of the answers was I must give the garage a chance to fix the car within reasonable time period. who knows what is the reasonable time period? And finaly who is right and what the law says about it. thank you for your opinions.

Oryx

The consumer agency were right about the three choices, but you do not get to choose which one. It has to be agreed between you and the garage. So if they offer you a repair and youre not happy with that, you reject that offer. If you cannot agree on a solution with the garage, your only option is to take them to court, and have the court decide on a fair solution. I think you are above the limit for the small claims court so you may need to consult a solicitor.

Procrastastudy

Do you have some question over whether the solicitor you spoke to was actually a bin man or something? Was this a pub conversation with a solicitor you just happen to know or a proper consultation? It strikes me as odd that you would engage the services of a highly trained professional and then seek to rely on information from random people on the internet and in car dealerships. That aside I think the situation is as follows.

If the car was bought secondhand from a dealership then you have a reasonably complete set of consumer rights. The car should last for a reasonable time. No one can tell you what that is it's situation dependent. (From Sale of Goods Act 1893 / SOGASOS Act).

The repair must be carried out in reasonable time and without inconvenience to the consumer. (S.I. No. 11/2003 — European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003

I would say that any amount of time more than a couple of days on a newly acquired car would be sufficient to rescind the contract.

If the car was bought secondhand privately then the only thing you can expect is for the car to be able to be driven safely. I assume as it's not moving its very safe but that it falls foul of the being able to be driven element. However SI 11/2003 would not apply and the remedy becomes less clear cut.

In short I would write a letter to the dealership giving them ten working days to refund your money or you will take the matter further. For this value thats a trip to the District Court; it would be advisable to engage the services of a solicitor you trust and will rely on.

foggy_lad

You and the garage decide whether you accept a repair replacement or refund and if ye can't agree then ye go to court to let a judge decide what is reasonable.

In your case the repair is taking a long time and the garage has said they are very busy so do not have the ability to fix your car in a reasonable time.

Write to the garage and tell them you want your car fixed within a few days or you will take the matter further(through the district court).

arcius

Procrastastudy wrote: »

Do you have some question over whether the solicitor you spoke to was actually a bin man or something? Was this a pub conversation with a solicitor you just happen to know or a proper consultation? It strikes me as odd that you would engage the services of a highly trained professional and then seek to rely on information from random people on the internet and in car dealerships. That aside I think the situation is as follows.

If the car was bought secondhand from a dealership then you have a reasonably complete set of consumer rights. The car should last for a reasonable time. No one can tell you what that is it's situation dependent. (From Sale of Goods Act 1893 / SOGASOS Act).

The repair must be carried out in reasonable time and without inconvenience to the consumer. (S.I. No. 11/2003 — European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003

I would say that any amount of time more than a couple of days on a newly acquired car would be sufficient to rescind the contract.

If the car was bought secondhand privately then the only thing you can expect is for the car to be able to be driven safely. I assume as it's not moving its very safe but that it falls foul of the being able to be driven element. However SI 11/2003 would not apply and the remedy becomes less clear cut.

In short I would write a letter to the dealership giving them ten working days to refund your money or you will take the matter further. For this value thats a trip to the District Court; it would be advisable to engage the services of a solicitor you trust and will rely on.

Thank you for reply. But to make sure I will consult with another solicitor too. I just don't want to bring them to court and then loose the case and pay a lot of money. The reason I am talking here on boards.ie is I just wondering if somebody had similar situation and if so then what happened to them.
I got free consultation with solicitor and to escalate this case forward I need to pay money. And I don't want to pay any more money if I am not sure who is right as if I will loose the case in the court I will be responsible to pay certan amount not my solicitor. But you gave me a strong answer. Thank for it.

grange mac

Engine gone at 60 000k...wtf..ask the garage what exactly is wrong wit car...tell them you have a mechanic who will fix it if they dont but they have to agree to pay him for all work done. what kind of car? Sounds scammy...

Procrastastudy

arcius wrote: »

Thank you for reply. But to make sure I will consult with another solicitor too. I just don't want to bring them to court and then loose the case and pay a lot of money. The reason I am talking here on boards.ie is I just wondering if somebody had similar situation and if so then what happened to them.
I got free consultation with solicitor and to escalate this case forward I need to pay money. And I don't want to pay any more money if I am not sure who is right as if I will loose the case in the court I will be responsible to pay certan amount not my solicitor. But you gave me a strong answer. Thank for it.

Have another consultation somewhere else - plenty of solicitors are looking for business these days. Ask a few about taking the case on a 'No Foal - No Fee' basis. It may be tough to get one to do so as the amount is so low but you never know.

If you want to avoid going to court I suggest negotiating with the dealer fro a replacement rather than the car returned repaired. You can have all the rights in the universe, but if you are unwilling to vindicate these rights in court, which is understandable given cost and risk, then the seller will usually do what it best for them not you.

grange mac

From experience courts are a waste of time, thats my personal opinion. only winners are solictors. just assume you get judgment against dealer, they will plead inability to pay and you will get maybe 25pw!!! For 6 months, if they stop paying you have to take them to court again...get the pic... go back to garage work smtn out. besta luck

arcius

grange mac wrote: »

Engine gone at 60 000k...wtf..ask the garage what exactly is wrong wit car...tell them you have a mechanic who will fix it if they dont but they have to agree to pay him for all work done. what kind of car? Sounds scammy...

Opel corsa 2007. Compression gone in one of the cilinders

arcius

Update on this thread. The car still with dealer since 25 of september. They do nothing with it. All what they say is their priority now... I went to 4 solicitors. And they all say diferent stories... I decided to work with one solicitor. He sent a letter two weeks ago but didn t get any answers yet. That s how garages work in here. I think I will spray this story online (facebook, twitter). People should know about this garage. It is simply too much.