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Car Issue

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  • 16-05-2015 1:39am
    #1
    DaraDali
    Registered Users Posts: 410 ✭✭


    Hi All,

    Bought a second hand car, that has a car mechanical fault, Would it be possible to bring the car company to the Small Claims Court?

    The car is 2006, I am the second owner. The warranty on the car was extended by 3 years for this issue but my car falls outside of this timeframe, and I am missing 2 dealer service stamps. Also cars that meet the same criteria in the UK with this issue are still being repaired.

    As the issue was a fault with the car from day 1 would it be possible to take them to court over it?

    I have the my emails about the issue with the company. I have docs from the Car maker regarding the common fault and the recall.

    First post in a while so be kind :)

    regards
    D


Comments

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    #2
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    What was the value of the car?


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    #3
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    The makers to SCC? No.

    Your dealings are with the seller.


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    #4
    DaraDali
    Registered Users Posts: 410 ✭✭DaraDali


    But surely the car was sold first day with the issue and should be fixed under the manufacturer's warranty ?

    I bought the car private for 5,000

    Also I found out that this issue was being dealt with UK with all the same factors affecting me,


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    #5
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    DaraDali wrote: »
    But surely the car was sold first day with the issue and should be fixed under the manufacturer's warranty ?

    I bought the car private for 5,000

    Also I found out that this issue was being dealt with UK with all the same factors affecting me,

    If you bought privately, it's caveat emptor. SCC is only for when you buy from a business/car dealership. Also, for a car that is 9 years old, if the fault was there all this time why didn't previous owners bring it in if there was a recall in Ireland?


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    #6
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    Plus, the SSC has a limit of €2,000 for claims. In this case, you may need to talk to a solicitor about how to proceed.


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    #7
    keithclancy
    Registered Users Posts: 9,208 ✭✭✭keithclancy


    DaraDali wrote: »
    But surely the car was sold first day with the issue and should be fixed under the manufacturer's warranty ?

    I bought the car private for 5,000

    Also I found out that this issue was being dealt with UK with all the same factors affecting me,

    You bought the car privately, you have no contract with the original seller.

    Only thing you could try is a goodwill gesture from the manufacturer, but this is not enforced in law.


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    #8
    stronglikebull
    Registered Users Posts: 477 ✭✭stronglikebull


    DaraDali wrote: »
    But surely the car was sold first day with the issue and should be fixed under the manufacturer's warranty ?

    I bought the car private for 5,000

    The manufacturer's warranty may transfer in a private sale, but that would depend on the text of the warranty. You should read their warranty terms and see if this is even the case. The warranty period being expired though won't help your case, even if it did transfer to you, it doesn't apply any more. Statutory rights will always trump warranties, however, statutory rights do not transfer from one person to another, so you have no rights at all from this perspective.

    Your only real option would be to contact the manufacturer directly, and see if they are willing to recall the car to fix this known issue. If they don't, then your only legal recourse would be to talk to a solicitor. Whether you'd be taking the manufacturer or the private seller to court would be up to your solicitor to advise. They'll also be able to tell you whether or not you even have a case to take.


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    #9
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    Is it a safety issue? You have far better rights if it is.


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    #10
    easygoing1982
    Registered Users Posts: 342 ✭✭easygoing1982


    DaraDali wrote: »
    The warranty on the car was extended by 3 years for this issue

    So you knew about the fault pre-purchase?
    DaraDali wrote: »
    I am missing 2 dealer service stamps

    Again this should have been seen pre-purchase so shouldnt be a mitigating factor
    DaraDali wrote: »
    As the issue was a fault with the car from day 1 would it be possible to take them to court over it?
    I have docs from the Car maker regarding the common fault and the recall.

    Docs from the maker regarding a fault in the car from Day 1.I'm sorry but from a personal point of view i don't see how you can bring anyone to court.

    Most 2nd hands from private sellers are bought as seen and given you seemed to have known about this fault before you bought the car i don't see how you think there's a case to answer.


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    #11
    MadDog76
    Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    easygoing1982 wrote: »
    So you knew about the fault pre-purchase?



    Again this should have been seen pre-purchase so shouldnt be a mitigating factor



    Docs from the maker regarding a fault in the car from Day 1.I'm sorry but from a personal point of view i don't see how you can bring anyone to court.

    Most 2nd hands from private sellers are bought as seen and given you seemed to have known about this fault before you bought the car i don't see how you think there's a case to answer.

    Where in the Op does it say he knew about the fault pre-purchase??

    Also he didn't buy the car from a private seller ..........


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    #12
    easygoing1982
    Registered Users Posts: 342 ✭✭easygoing1982


    MadDog76 wrote: »
    Where in the Op does it say he knew about the fault pre-purchase??
    DaraDali wrote: »

    The car is 2006, I am the second owner. The warranty on the car was extended by 3 years for this issue but my car falls outside of this timeframe,

    As the issue was a fault with the car from day 1 would it be possible to take them to court over it?

    I have the my emails about the issue with the company. I have docs from the Car maker regarding the common fault and the recall.

    In fairness i may have picked the OP up wrong with the above points and if i did i apologise

    MadDog76 wrote: »
    Also he didn't buy the car from a private seller ..........
    DaraDali wrote: »
    I bought the car private for 5,000
    ;)


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    #13
    MadDog76
    Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    DaraDali wrote: »
    Hi All,

    Bought a second hand car, that has a car mechanical fault, Would it be possible to bring the car company to the Small Claims Court?

    The car is 2006, I am the second owner. The warranty on the car was extended by 3 years for this issue but my car falls outside of this timeframe, and I am missing 2 dealer service stamps. Also cars that meet the same criteria in the UK with this issue are still being repaired.

    As the issue was a fault with the car from day 1 would it be possible to take them to court over it?

    I have the my emails about the issue with the company. I have docs from the Car maker regarding the common fault and the recall.

    First post in a while so be kind :)

    regards
    D
    easygoing1982 wrote: »
    In fairness i may have picked the OP up wrong with the above points and if i did i apologise



    ;)

    In fairness I also may have picked the OP up wrong when he mentioned "car company" in his original post ...........


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    #14
    Sam Kade
    Registered Users Posts: 12,313 ✭✭✭✭Sam Kade


    Op you bought the car private without checking it out now you start the blame game :mad: Why do people nowadays always try to find someone else to blame because of their own stupidity :rolleyes:


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    #15
    DaraDali
    Registered Users Posts: 410 ✭✭DaraDali


    P. Breathnach wrote: »
    Is it a safety issue? You have far better rights if it is.

    Sadly Not a safety issue, unless alot of rust is a safety issue :)


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    #16
    DaraDali
    Registered Users Posts: 410 ✭✭DaraDali


    Sam Kade wrote: »
    Op you bought the car private without checking it out now you start the blame game :mad: Why do people nowadays always try to find someone else to blame because of their own stupidity :rolleyes:

    Not so much trying to blame someone else, more annoyed at a Car company unwillingness to offer any support to an issue that they are still covering with all the same criteria as me, in Northern Ireland and the UK for the same make/model/year/Lack of Main dealer stamps/ as my car.

    Maybe I just get annoyed too easily :D


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    #17
    mickdw
    Registered Users Posts: 23,371 ✭✭✭✭mickdw


    DaraDali wrote: »
    Sadly Not a safety issue, unless alot of rust is a safety issue :)

    Certainly can be a safety issue. Spring seats failing due to rust have been know to be recalled as it would result in sudden suspension drop.
    What car is it and what exactly is the issue?


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    #18
    DaraDali
    Registered Users Posts: 410 ✭✭DaraDali


    mickdw wrote: »
    Certainly can be a safety issue. Spring seats failing due to rust have been know to be recalled as it would result in sudden suspension drop.
    What car is it and what exactly is the issue?

    Nothing as serious as that. Its a Honda Civic the rust is under the black plastic connecting the roof to the windshield. Nothing visible unless lifted up.

    Have a squeaky clutch but knew about that when I bought the car :D A more well known issue!

    Getting the windshield replaced tomorrow big crack in it from a stone last week, Will be a good chance to get some pics,

    Have a dialog with Honda Ireland but no goodwill at all. Just so annoyed Honda Uk have no problem carrying out the repair. Also was in touch with Honda Europe but only to get bumped to back Honda Ireland. :mad:


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