Car sold to me unfit for purpose

2013Lara · 24-09-2013 01:57PM #1

Hi all,

Without naming the dealer YET. Bought a car Friday. Brought it in for a service today. The mechanics had never seen anything like it before. Whole underbody of car rusted. Brakes may as well not have been there. Totally corroded and worn.Plates completely rusted. They said if I had to slam on the brakes they would have failed on me. Wafer thin. They wouldn't let me leave the garage with it as now they say they're not confident with front brake pads and a calibre also has to be replaced.

Rang dealer. Horrible to me. Said I have to get the car to them for them to sort it out. I wouldn't trust them with the car now anyway since they let it sell to me like that. Plus the work is underway at the moment. Car is a 2006 reg 7 sweater and they let me leave the garage with it like that with two babies in the back.

Where do I stand here?

ytpe2r5bxkn0c1 · 24-09-2013 02:47PM

Just for clarity. Did you buy a car that needed a service within a week of purchase? What dealer would sell a car needing an immediate service! Did you not have the car examined before purchase.

He's right in that you would have to give him a chance to remedy the faults first.

2013Lara · 24-09-2013 02:49PM

Justice Tiny Memento wrote: »

Just for clarity. Did you buy a car that needed a service within a week of purchase? What dealer would sell a car needing an immediate service! Did you not have the car examined before purchase.

He's right in that you would have to give him a chance to remedy the faults first.

It has a decent service history but hadn't had a full service in two years. I wanted to have it fully serviced before driving it since there's going to be a few kids in it. I didnt have it examined, foolish I know. They do claim to inspect all cars before selling them.

davo2001 · 24-09-2013 02:52PM

2013Lara wrote: »

It has a decent service history but hadn't had a full service in two years.

I stopped reading after this. Careless consumer IMO.

2013Lara · 24-09-2013 02:54PM

davo2001 wrote: »

I stopped reading after this. Careless consumer IMO.

Serviced every year plus interim services. Two years since last service but low mileage in between. I agree I was careless.

Cabaal · 24-09-2013 03:10PM

2013Lara wrote: »

It has a decent service history but hadn't had a full service in two years. I wanted to have it fully serviced before driving it since there's going to be a few kids in it. I didnt have it examined, foolish I know. They do claim to inspect all cars before selling them.

So the car had no valid NCT when you bought it?

if it had no NCT you needed to get this before you could legally drive it as well,

2013Lara · 24-09-2013 03:11PM

Cabaal wrote: »

So the car had no valid NCT?

Nct until January

matt-dublin · 24-09-2013 03:22PM

you shouldn't have to get a car serviced straight after buying it, the dealer should have done it before you purchased.

I would bring it back to the dealer IMO.

Also seek some advice from friends or the AA before purchasing cars in the future.

there's always someone you know who should be able to provide advice.

Bepolite · 24-09-2013 03:37PM

Get on to FLAC or if you can afford one a solicitor. You may have grounds to return the car if the mechanics you've taken the car to are willing to stand over what they've said. The reason I'm saying you should get proper advice even at this stage is it sounds like a total cowboy if the car is being sold without a service in the first place. I suspect this is the being of a long pursuit of undomesticated water foul.

Small claims are going to be next to useless as they guy is probably well know to the Sheriff at this point.

I hope I'm wrong and this is resolved swiftly.

Harcrid · 24-09-2013 03:45PM

While the dealer may have been horrible to you, your first port of call is to get the car back to him and give him the opportunity to rectify the situation. If he does not satisfactorily resolve the issue then you can take further action. If you take the car to another garage and get them to repair it then you will be weakening your case against the selling garage. They have to be given the opportunity to fix it otherwise you will get nowhere in the courts later on.

Bepolite · 24-09-2013 03:49PM

Harcrid wrote: »

They have to be given the opportunity to fix it otherwise you will get nowhere in the courts later on.

Thats not strictly true. If the mechanics are willing to be a witnesses, and the car was unsafe the OP may be able to repudiate the contract. I'm not sure where she is going to stand on the repair costs however.

emeldc · 24-09-2013 04:46PM

A seven year old car with average mileage of 85k miles would be due a brake overhaul anyway. Nothing unusual there, but it doesn't mean the brakes were dangerous. You really should have done a bit more homework before buying. And why would you buy a car from one dealer only to give it to another one to have it serviced

Didn't you trust the first guy to service it.

2013Lara · 24-09-2013 04:50PM

emeldc wrote: »

A seven year old car with average mileage of 85k miles would be due a brake overhaul anyway. Nothing unusual there, but it doesn't mean the brakes were dangerous. You really should have done a bit more homework before buying. And why would you buy a car from one dealer only to give it to another one to have it serviced
Didn't you trust the first guy to service it.

Well I assumed an Opel main dealer would do a better service job than a used car dealer off the m50. And considering they inspected the car and considered it roadworthy, I wouldn't be trusting them to do a good job.

emeldc · 24-09-2013 04:57PM

2013Lara wrote: »

Well I assumed an Opel main dealer would do a better service job than a used car dealer off the m50. And considering they inspected the car and considered it roadworthy, I wouldn't be trusting them to do a good job.

But you didn't assume that the Opel main dealer would sell you a better car than the dellboy off the M50

Annabananna · 24-09-2013 05:05PM

Hi

I had an issue like this in the past my husband decided to get a second car for me never checked service history or had car checked took garage man work for it. Three weeks later and after only driving around 100 miles in it as I was doing short school runs we hit major trouble.

One morning I saw a lot of oil on ground I opened the bonnet saw the oil was coming out around gaskets got the car lifted to the dealer I bought it from and they examined it there was a lot of issues with it and the service manager told the repair bill would be over 2000 eur I only paid 3500 for car an 04.

I said this was not on as three weeks ago they told me they serviced the cra and everything was fine he then admitted said lady these things happen with car I know you don't understand as you don't know cars I said actually I know a good bit (don't know a thing but had done research when he started telling me about the items that had gone wrong so I knew the jargon).

I argued for a few minutes and then I said I was going to my solicitor as this was not right and they wouldn't get away with it. The owner rang me back and had same discussion with him at this stage I was feeling that as a women I was been treated for a fool. Next I decided that rather then go to my solicitor I go straight to SIMI spoke to them explained the situation and they told me put it all in writing which I did that day next day I had an interesting call with an simi guy he wanted to check my story I told him I was giving them a week to sort it or I was going legal.

That evening I got a call from the garage telling me if I went 50/50 on the cost they repair it I told the owner I wasn't doing that as I paid good money and they sold me a crap car and they would have there name in lights for this in court. He didn't back down so I hung up the next day the service manager rang me to go pick up the car I said fine when I got there they had done all the repair work and wanted me to pay a gesture payment of 500e basically parts I asked for invoice and wrong on bottom 100eur left the cash on desk and said that was end of it. I took my car and haven't had a day of hassle with it since.

So my advice to you would be to get the guy who told you all this work needed to be done to put it down on paper then get the car lifted from that garage to where you bought it tell them to check it out and advise what they think is wrong and if they say there is no issue then get them to put it in writing with an explanation why they feel the first guy is wrong. Also contact SIMI and advise them of the issue.

If work does need to be done bargain the garage down or indeed threaten legal action and see how you get on but you need to bring car back to where you bought it.

Bepolite · 24-09-2013 05:12PM

emeldc wrote: »

But you didn't assume that the Opel main dealer would sell you a better car than the dellboy off the M50

I am also throughly confused on this one.

slimjimmc · 24-09-2013 06:12PM

OP, I think you should stop having the defects repaired at least until the car is properly assessed by an approved motor engineer (your insurance company may provide references). If he certifies the car as unsafe to be used in a public place then you have enough evidence to report the seller to the Gardaí. It's an offence for anyone (private or dealer) to sell a dangerously defective car for use in a public place. Imo that would significantly strengthen any civil case you might wish to take against the seller.

Nonoperational · 26-09-2013 10:19PM

The first thing you need to do is bring the car to where you bought it and see what their response is. Whether you trust them or not is irrelevant, you need to give them a chance to rectify it.

If the NCT is valid (and genuine) for another few months, then there must have been a hell of a strange rusting process going on to go from fine to destroyed in under 2 years.

The brakes, well that's not as clear cut, you probably should have had them checked, a lot of second hand car dealers would chance selling worn pads/discs.

dudara · 27-09-2013 01:17PM

I'm going to move this one to the Motors forum as you will get more specific advice there.

Plus, selling an unroadworthy car is a criminal offense, so this is possibly already past the realm of Consumer Issues.

dudara

jetfiremuck · 27-09-2013 01:30PM

Sounds like you need front discs and a caliper replaced. Maybe brake pads. A selling garage isnt going to measure the thickness of the disc before sale. They are wear and tare items. Get them replaced, see if you can get something back from the dealer.

fl4pj4ck · 27-09-2013 01:36PM

jetfiremuck wrote: »

Sounds like you need front discs and a caliper replaced. Maybe brake pads. A selling garage isnt going to measure the thickness of the disc before sale. They are wear and tare items. Get them replaced, see if you can get something back from the dealer.

you don't need to measure them, a quick look is enough. and I'm not even a mechanic

jetfiremuck · 27-09-2013 01:39PM

fl4pj4ck wrote: »

you don't need to measure them, a quick look is enough. and I'm not even a mechanic

Really!!!!!!!!

emeldc · 27-09-2013 01:48PM

fl4pj4ck wrote: »

you don't need to measure them, a quick look is enough. and I'm not even a mechanic

Are you a used car dealer off the M50 :rolleyes:

mickdw · 27-09-2013 01:54PM

jetfiremuck wrote: »

Really!!!!!!!!

A quick look could well be sufficient to see if discs and pads have life left in them.
The problem with most of the guys on the naas road is that they don't care what state the brakes are in.

emeldc · 27-09-2013 02:07PM

mickdw wrote: »

A quick look could well be sufficient to see if discs and pads have life left in them.
The problem with most of the guys on the naas road is that they don't care what state the brakes are in.

........... no doubt they just have a quick look at them then

SEPT 23 1989 · 27-09-2013 02:12PM

Would you not hear the brakes if they were in that state?

SCOOP 64 · 27-09-2013 02:14PM

2103Lara ,Did he offer any warranty with car?
Most second dealers will offer a 3 months warranty with used a car, i know brakes are a serviceable item,but no car should leave a garage with worn brakes.
i think you should take car back, if he seem a bit intimidating on phone take someone with you, don't get into a argument with him from the off, just calmly show him the invoiced from Opel and play it from their.

2013Lara · 27-09-2013 08:48PM

I have the parts and will post pictures tomorrow. Cost me 800 euro altogether. Brakes weren't noisy but had to really step on them. Test drive literally took me around the corner. I made a mistake, I admit that, but the car was dangerous. I can't get over the state of the parts. Mechanic told me I wouldn't have stopped had I needed to brake quickly. I know everyone said to take it back but tbh I trusted the garage it was with and my main priority was to have a safe car as there will be four kids in it. I am however going to show him the parts and complain to his face and to SIMI also. The garage I was with said they are making a mockery of the trade. I agree.

slimjimmc · 27-09-2013 09:01PM

Get a written report from the Opel garage of the parts condition and that they removed those parts from the car. You could be chasing the dealer for some time so it'll be good to have a documented record of what the car was like when presented to the garage. And don't let the dealer keep the parts for any reason.

PS: Don't place much faith in the SIMI, they're a representative body for the motor industry and are (naturally) focused on the interests of their members, not an advocate for the consumer.

emeldc · 27-09-2013 11:36PM

€800 :eek:

matt-dublin · 28-09-2013 07:46AM

Madness, I would have brought the car back and demanded a refund, gone to another garage and bought another car

MagicMarker · 28-09-2013 07:55AM

2013Lara wrote: »

Brakes weren't noisy but had to really step on them.

But yet you still bought it?

Lesson learned on this one I think.

2013Lara · 28-09-2013 08:19AM

MagicMarker wrote: »

But yet you still bought it?

Lesson learned on this one I think.

I have learned my lesson. I will never buy anything on the spur of the moment again.

Bigcheeze · 28-09-2013 09:21AM

2013Lara wrote: »

I have learned my lesson. I will never buy anything on the spur of the moment again.

Apart from the brake issues, were the Opel dealers happy with the state of the car? For example, did they see any evidence of clocking? You mentioned the whole underbody is rusted.

And to all the posters sneering at the OP, just feck off if you have nothing constructive to contribute. The OP is asking for help, not a critical analysis of their car buying skills. Most people aren't the streetwise motor experts that you think you are. Car sales people are in the business of getting people to make quick decisions to part with their money.

SCOOP 64 · 28-09-2013 11:33AM

Surprised the underbody being rusted on a 06 zafira,(presuming its a Zafira) I know its 7 yrs old ,I'm on my second one,had a 06, sold car with 166000klm on it no rust on that at all, now have a 08,could of cause ran over something and was never treated or parked up on grass for a very long time. like to see that out of curiosity.

2013Lara · 28-09-2013 11:35AM

SCOOP 64 wrote: »

Surprised the underbody being rusted on a 06 zafira,(presuming its a Zafira) I know its 7 yrs old ,I'm on my second one,had a 06, sold car with 166000klm on it no rust on that at all, now have a 08,could of cause ran over something and was never treated or parked up on grass for a very long time. like to see that out of curiosity.

Went to tax the car and tax expired in April 2012 so I reckon its been sitting somewhere since.

Riesen_Meal · 28-09-2013 11:40AM

2013Lara wrote: »

Went to tax the car and tax expired in April 2012 so I reckon its been sitting somewhere since.

Was it brought down from the North (as in was it a Vauxhall) or imported from the UK?

The salt them lads put on the roads in snow times could slightly explain the rusting....

2013Lara · 28-09-2013 11:55AM

Fieldog wrote: »

Was it brought down from the North (as in was it a Vauxhall) or imported from the UK?

The salt them lads put on the roads in snow times could slightly explain the rusting....

Its Opel but unsure if it was imported. Will try get pics up shortly of the parts I have

SCOOP 64 · 28-09-2013 12:04PM

i know you don't want to lay out anymore money, but i would go on one of those online sites and do a check on the car, about €15/ €30,my wheels €15, should tell you all you need to know about the car, i would do this now just for your my piece of mind.

mb1725 · 28-09-2013 04:27PM

2013Lara wrote: »

Went to tax the car and tax expired in April 2012 so I reckon its been sitting somewhere since.

Could have been flood damaged at some point.

Car sold to me unfit for purpose

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