Getting a refund from a car dealer

MyusernameisXX

Hi folks, I bought a used car (5 years old) from a car dealer. The EML light was coming on so brought it back to the dealer and he read the codes and done the repairs. Then only had it back a day and the EML light comes on again, so back to the dealer I go and he read the codes and apparently made additional repairs.

The light is back on again and all I want now is my money back as this car is obviously not of merchantable quality or fit for purpose.

Can someone let me know if I have every right to a refund now as I have given this dealer plenty of opportunity to fix this car and that hasn't been satisfactory. Many thanks.

sawdoubters

http://www.citizensinformation.ie/en/consumer_affairs/motoring/advice_on_buying_a_used_car_in_ireland.html

mickdw

It would appear that he is just clearing the fault from the system and not repairing anything.

the_syco

MyusernameisXX wrote: »

Then only had it back a day and the EML light comes on again, so back to the dealer I go and he read the codes and apparently made additional repairs.

Sounds like he's hooking up the code reading machine, and wiping the errors. The fact that it keeps coming back fairly regularly means that the problem will probably be easy to find, but not your mess, tbh. How much did the car set you back?

MyusernameisXX

I paid €5000 for it. It could also be possible that they have identified a very expensive problem and don't want to pay to fix it and are just trying to get rid of me. Right now all I will accept it a refund as I have given them the opportunity to repair it and this hasn't been done.

Has anyone been down this road before. Can anyone recommend a good solicitor who deals with consumer problems as this will be outside the remit of the small claims court.

coylemj

MyusernameisXX wrote: »

Has anyone been down this road before.

There are dozens of threads over on the Motors forum where people had an experience similar to yours. They invariably involved small independent dealers selling dodgy cars (by which I mean cars with very expensive to fix faults) where any concern expressed by the prospective buyer is brushed aside with (in hindsight) meaningless assurances that 'we'll sort you out if anthin goes wrong' or they hand you a receipt with 'sold as seen' written on it and it always involves a car that has not been checked out by someone who knows about cars.

MyusernameisXX wrote: »

Can anyone recommend a good solicitor who deals with consumer problems as this will be outside the remit of the small claims court.

Before you go spending money on legal advice, consider what you think you can achieve by going to law. If you take the dealer to court and get a judgement in your favour, it's worth noting that you are wasting your time and money unless the dealer has assets worth chasing. If he is an independent dealer operating out of a portakabin, you will get nowhere by going to law because the judgement you obtain won't be worth the paper it's written on.

Lots of these dealers are experts in closing down on Friday and opening up across the road under a new name on Monday.

MyusernameisXX

@coylemj - it is not a small dealer and they have been in business for a number of decades and judging by their accounts filed with the CRO they are doing a roaring trade!!

I don't think my right to a refund of €5000 would force them into changing the name of their business after all the years they have been trading under that name.

I'm not willing to let this go, as I have a right to a refund. It would be proper for the dealer to settle with me without the need for a solicitor but more than likely I am going to have to engage one to act on my behalf.

emeldc

If the light is on at the moment, take the car to a different main dealer and pay for a written diagnostic report on the problem. It shouldn't cost any more than €60 - €70. You can then return to the selling dealer armed with the report and tell them to fix it or refund you your money. Otherwise you will sue. Ultimately whether you sue or not is up to you but it will show you mean business.
I used to work for a main dealer and a disgruntled punter turned up one day with a placard ready for action. His problem was sorted the same day. In this instance the customer was actually wrong but the dealer didn't want the bad publicity.
In your case I wouldn't let it go either. It sounds like you're being taken for a ride.

mickdw

emeldc wrote: »

If the light is on at the moment, take the car to a different main dealer and pay for a written diagnostic report on the problem. It shouldn't cost any more than €60 - €70. You can then return to the selling dealer armed with the report and tell them to fix it or refund you your money. Otherwise you will sue. Ultimately whether you sue or not is up to you but it will show you mean business.
I used to work for a main dealer and a disgruntled punter turned up one day with a placard ready for action. His problem was sorted the same day. In this instance the customer was actually wrong but the dealer didn't want the bad publicity.
In your case I wouldn't let it go either. It sounds like you're being taken for a ride.

Good advice. A little outlay but worthwhile.

coylemj

MyusernameisXX wrote: »

@coylemj - it is not a small dealer and they have been in business for a number of decades and judging by their accounts filed with the CRO they are doing a roaring trade!!

Fine, then go ahead and pursue them.

BTW, if you have an Android phone it's relatively easy to find out what the engine warning light is about, you can buy a cheap adapter to plug into the car's onboard diagnostic port (OBD) and along with app called Torque you can read all of the diagnostic data from the car's computer on the phone via Bluetooth.

This is an example of the adapter you could buy, it's less than a tenner on Amazon...

http://www.amazon.co.uk/Diagnostic-ELM327-Interface-Bluetooth-Version/dp/B00BMHAILG/ref=sr_1_4?ie=UTF8&qid=1391090438&sr=8-4&keywords=obd2

This is the app, there's a free (Torque Free) and paid (Torque Pro) version......

https://play.google.com/store/search?q=torque&hl=en

ScouseMouse

Sounds good advice. Get a proper report they cannot argue with.