New second hand car not roadworthy - seeking refund

I would be grateful if anyone out there could give me any advice in dealing with a garage.

I bought a 2004 car on 1 Feb from a small, local garage. I didn't get a warranty. I had it back to the garage within days because of a problem changing gears. Since then, I have had to bring it back to the garage FOUR times and I am only really driving it 2-3 weeks (I was at home on leave from work before that). The problem is intermittent and I thought related to the clutch. I either can't get it into gear at all, or have problems changing gear whilst driving. This is extremely dangerous as you can imagine and I am at my wit's end. The garage I bought it from (not an SIMI member) has worked on the clutch twice (which he assured me was new when I bought it) but when I brought the car back the last time, he said he could find nothing wrong with it despite the fact that I have gotten stranded several times.

I brought it to another mechanic for a 2nd opinion and he can't pinpoint the problem either.

I brought it to a large garage today, and they reckon it needs a new gearbox which is a specialist job and that the front brakepads are worn down to practically nothing.

I contacted the consumer agency and they advised I write to the seller which I did, last Thursday, outlining my rights under the Sale of Goods act and demanded a full refund. I gave him five days to reply. I don't trust him to carry out any further repairs.

He should have received the letter today. What do I do next? I imagine a visit is next but I have a feeling he will refuse me a refund point blank.

Danmo said:

I didn't get a warranty.

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I fear here lies the problem.

I know a particular family member always scoffs when I mention a car warranty as they get a sizable chuck off their car deals with no warranty.
Recently bought a camper and we would have saved €800 if we hadnt taken his offer of 3 month warranty but worth it for peace of mind.

Warranty or not, you are still protected by consumer legislation. Take a read of the National Consumer Agency's advice here. Contact them if you need further advice or assistance.

The very worn brake pads might strengthen your case here, as it is illegal to sell a car that is not roadworthy.

Sandals said:

... I know a particular family member always scoffs when I mention a car warranty ...

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I scoff when people mention warranties as well, but for the reasons Leo gives above.

Dodgey car dealers who try to hide behind the warranties they offer and define the t&cs of don't seem to realise that the products they sell to consumers are sold subject to consumer legislation, whether they like it or not. Any warranty they might offer is in addition to the legal protections in place for the consumer and cannot diminish or replace those protections.

All a consumer needs to support their rights is a receipt for the money paid for that specific car. This applies as much to new cars with 7-year warranties but dodgey manufacturer-defined exclusions as it does to 2nd-hand cars purchased from car dealers.