Hi everyone
Learner driver and first time poster here so go easy on me
Apologies for the length of this post, but I think the backstory is relevant to my question below. I bought my first car a month ago from a dealership for what I thought was a good price. I thought I had done the due diligence required as I asked lots of questions in person about the car's history, had it been crashed, how many owners etc, and got a Cartell report done. It now appears all was not as it appeared with the car.
When I taxed the car and I started driving it properly, I noticed that the engine started sounding very much like a diesel after about 30 minutes use, and had a mechanic look at it soon after. He told me the timing chain was on its way out, which came as a big surprise as the dealership's website has a page which makes a big song and dance about the vehicle servicing and preparation they do before a sale, so I wasn't expecting there to be any serious mechanical wear and tear to deal with for a good while yet. Nonetheless, I was actually willing to suck it up and pay for the cost of the new chain even though it would've been covered by the warranty - I didn't want to go near the dealer again as after the deposit was paid, all the niceties went out the window they got very rude and belligerent when I queried a couple of things about the car.
It got worse though, as I noticed shortly after that there was a leak into the driver footwell, and both passenger footwells, as the carpet was saturated and making distinctive squelching noises when I pressed my foot on it. I didn't notice it straight away as it may not have been wet to begin with, plus the one of the two mats that came with the car was conveniently placed over the affected area, so I only noticed it when the mat started annoying me and I lifted it up to remove it. The other mat was covering what looked like a mould stain on the back.
Obviously this is unacceptable, as there could be significant metalwork damage to the underside of the car if this is an old leak, there could be a risk to the electronics of the vehicle, and it doesn't make the car particularly comfortable to drive as there is a smell of damp inside the cabin which will only get worse with time, and there's a risk of my feet slipping on the pedals due to my soles being soaking wet. When the temperature dropped below 3-4c, with all that excess moisture inside the car, the windows misted up really badly when it wasn't running so I had to spend 5 minutes every morning waiting for the air-con to de-mist the windscreens.
The car went back to the dealer last Saturday week (22nd Feb) to be examined by the dealer and a mechanic of the dealer's choosing. I told them unequivocally that I wasn't accepting a repair, as their behaviour up until that point had made me lose all faith in their ability or willingness to take care of me properly, and a water-damaged car wouldn't be 100% repairable, so the guy said if his mechanic confirmed a problem, he'd "write me a cheque." He also fielded the idea of trading up against another car they had for sale, but he went back and forth on that idea, so I didn't make any commitment. I decided later on that I don't want to go with another one of their cars, as I didn't trust the quality of their goods, the one he showed me would cost me another grand, I budgeted for the car I bought, and I wouldn't be getting a like for like replacement.
I was told I would hear back about the mechanic's report on Monday (24th) afternoon, but I had to ring on Monday evening when I hadn't heard anything, to learn the car would not be seen by the mechanic until Tuesday. Tuesday came and went, didn't hear a peep. Rang on the 26th, and was told that the car was in the mechanic's but hadn't been looked at, and I would be contacted at 2pm. Again, no phone call, nothing.
I wrote up a formal letter of complaint last Wednesday evening after hearing nothing further, and had it proofed by a solicitor who suggested a couple of edits. I didn't hear back from them on Thursday so I sent it in the Thursday evening post and emailed it to them as well.
The letter outlines a detailed log of the problems I've had with the car and the dealership to date, as well as a outline of my rights as a consumer under the Sale of goods and supply of services act, how they have been violated and finished it off with a request for a refund. I also told them that if I didn't get a response from them in 10 days, I was going to get solicitors and guards involved - these are not empty threats as I have acquaintances working in both capacities who could give me a hand on this.
The dealer rang me back yesterday to let me know that they had, in fact, repaired the car, against my wishes and without my permission - big mistake!! He said that the leak was caused by a "blockage" and that it was "fine now." This mechanic of his apparently also said that the timing chain didn't need fixing (surprise, surprise).
To be honest, I have no doubt in my mind that the car never made it to the mechanic, as he was quite evasive about the nature of the leak, and if the problem was so easy to fix, it wouldn't have taken them 8 days to get back to me, but I entertained the idea anyway by explaining to him that I was very clear when I handed it back to them that I didn't want the car repaired and wanted a refund instead - he nodded his head when I told him that in person, and he even watched me remove all my possessions out of the car so if that wasn't clear enough for him I don't know what was. Even if I did want a repair, I'd want to choose the mechanic myself, and bill them for it so I know the job was done and done well.
He stated that I was very clear, but he tried to argue that under the Sale of Goods act he is entitled to offer me a refund, and it's on that basis obviously that he went ahead and repaired it regardless of what I wanted. I simply responded by saying that the redress process is a negotiation, and that I had politely stated I wasn't accepting a repair due to the permanent problems a leak would leave with the car. The fact he also offered for me to trade up to a more expensive model meant that neither of us had agreed on any form of remedy for the problem.
I stated that it was my opinion that the car had been flood damaged, so a mechanic drilled holes in the underside of the car to drain it, and now surface water on the road is leaking back in via these holes - the dealer didn't deny this. He seemed quite unsure of his position yesterday, and I think he only realised over the phone that he's put himself in a bind if he did actually have the car repaired without my permission. He said he'd get back to me in 2 mins, but he never did, so I'm basically in the position that they have my money and my car.
My position is that they knew full well this car had problems. That both mats were covering water damage makes me very suspicious, and I noticed something strange on the Cartell report last week - the car was NCT'd by the dealership last July, then taxed by someone else until the end of November -(the Shannon motor tax office confirmed it wasn't the dealer) and then the dealer transferred ownership of the car into their name - it almost looks like they sold the car and then had to take it back.
I'm wondering what my options are now from a legal and consumer rights point of view, if they still refuse to pay out. I could get a solicitor properly involved, but for the amount of money involved (4K) it wouldn't be worth it. Likewise, if I went down the small claims route, any claim I made would be capped at 2K and I have no guarantee I'd be successful , so am hoping others with a similar experience might be able to point me in the right direction as to what I should do if they don't play ball.
Thanks
Learner driver and first time poster here so go easy on me
Apologies for the length of this post, but I think the backstory is relevant to my question below. I bought my first car a month ago from a dealership for what I thought was a good price. I thought I had done the due diligence required as I asked lots of questions in person about the car's history, had it been crashed, how many owners etc, and got a Cartell report done. It now appears all was not as it appeared with the car.When I taxed the car and I started driving it properly, I noticed that the engine started sounding very much like a diesel after about 30 minutes use, and had a mechanic look at it soon after. He told me the timing chain was on its way out, which came as a big surprise as the dealership's website has a page which makes a big song and dance about the vehicle servicing and preparation they do before a sale, so I wasn't expecting there to be any serious mechanical wear and tear to deal with for a good while yet. Nonetheless, I was actually willing to suck it up and pay for the cost of the new chain even though it would've been covered by the warranty - I didn't want to go near the dealer again as after the deposit was paid, all the niceties went out the window they got very rude and belligerent when I queried a couple of things about the car.
It got worse though, as I noticed shortly after that there was a leak into the driver footwell, and both passenger footwells, as the carpet was saturated and making distinctive squelching noises when I pressed my foot on it. I didn't notice it straight away as it may not have been wet to begin with, plus the one of the two mats that came with the car was conveniently placed over the affected area, so I only noticed it when the mat started annoying me and I lifted it up to remove it. The other mat was covering what looked like a mould stain on the back.
Obviously this is unacceptable, as there could be significant metalwork damage to the underside of the car if this is an old leak, there could be a risk to the electronics of the vehicle, and it doesn't make the car particularly comfortable to drive as there is a smell of damp inside the cabin which will only get worse with time, and there's a risk of my feet slipping on the pedals due to my soles being soaking wet. When the temperature dropped below 3-4c, with all that excess moisture inside the car, the windows misted up really badly when it wasn't running so I had to spend 5 minutes every morning waiting for the air-con to de-mist the windscreens.
The car went back to the dealer last Saturday week (22nd Feb) to be examined by the dealer and a mechanic of the dealer's choosing. I told them unequivocally that I wasn't accepting a repair, as their behaviour up until that point had made me lose all faith in their ability or willingness to take care of me properly, and a water-damaged car wouldn't be 100% repairable, so the guy said if his mechanic confirmed a problem, he'd "write me a cheque." He also fielded the idea of trading up against another car they had for sale, but he went back and forth on that idea, so I didn't make any commitment. I decided later on that I don't want to go with another one of their cars, as I didn't trust the quality of their goods, the one he showed me would cost me another grand, I budgeted for the car I bought, and I wouldn't be getting a like for like replacement.
I was told I would hear back about the mechanic's report on Monday (24th) afternoon, but I had to ring on Monday evening when I hadn't heard anything, to learn the car would not be seen by the mechanic until Tuesday. Tuesday came and went, didn't hear a peep. Rang on the 26th, and was told that the car was in the mechanic's but hadn't been looked at, and I would be contacted at 2pm. Again, no phone call, nothing.
I wrote up a formal letter of complaint last Wednesday evening after hearing nothing further, and had it proofed by a solicitor who suggested a couple of edits. I didn't hear back from them on Thursday so I sent it in the Thursday evening post and emailed it to them as well.
The letter outlines a detailed log of the problems I've had with the car and the dealership to date, as well as a outline of my rights as a consumer under the Sale of goods and supply of services act, how they have been violated and finished it off with a request for a refund. I also told them that if I didn't get a response from them in 10 days, I was going to get solicitors and guards involved - these are not empty threats as I have acquaintances working in both capacities who could give me a hand on this.
The dealer rang me back yesterday to let me know that they had, in fact, repaired the car, against my wishes and without my permission - big mistake!! He said that the leak was caused by a "blockage" and that it was "fine now." This mechanic of his apparently also said that the timing chain didn't need fixing (surprise, surprise).
To be honest, I have no doubt in my mind that the car never made it to the mechanic, as he was quite evasive about the nature of the leak, and if the problem was so easy to fix, it wouldn't have taken them 8 days to get back to me, but I entertained the idea anyway by explaining to him that I was very clear when I handed it back to them that I didn't want the car repaired and wanted a refund instead - he nodded his head when I told him that in person, and he even watched me remove all my possessions out of the car so if that wasn't clear enough for him I don't know what was. Even if I did want a repair, I'd want to choose the mechanic myself, and bill them for it so I know the job was done and done well.
He stated that I was very clear, but he tried to argue that under the Sale of Goods act he is entitled to offer me a refund, and it's on that basis obviously that he went ahead and repaired it regardless of what I wanted. I simply responded by saying that the redress process is a negotiation, and that I had politely stated I wasn't accepting a repair due to the permanent problems a leak would leave with the car. The fact he also offered for me to trade up to a more expensive model meant that neither of us had agreed on any form of remedy for the problem.
I stated that it was my opinion that the car had been flood damaged, so a mechanic drilled holes in the underside of the car to drain it, and now surface water on the road is leaking back in via these holes - the dealer didn't deny this. He seemed quite unsure of his position yesterday, and I think he only realised over the phone that he's put himself in a bind if he did actually have the car repaired without my permission. He said he'd get back to me in 2 mins, but he never did, so I'm basically in the position that they have my money and my car.
My position is that they knew full well this car had problems. That both mats were covering water damage makes me very suspicious, and I noticed something strange on the Cartell report last week - the car was NCT'd by the dealership last July, then taxed by someone else until the end of November -(the Shannon motor tax office confirmed it wasn't the dealer) and then the dealer transferred ownership of the car into their name - it almost looks like they sold the car and then had to take it back.
I'm wondering what my options are now from a legal and consumer rights point of view, if they still refuse to pay out. I could get a solicitor properly involved, but for the amount of money involved (4K) it wouldn't be worth it. Likewise, if I went down the small claims route, any claim I made would be capped at 2K and I have no guarantee I'd be successful , so am hoping others with a similar experience might be able to point me in the right direction as to what I should do if they don't play ball.
Thanks