Unfair request from garage to ask for money back?

Mers1

Registered User
Messages
264
All,

In anyones experience has a garage ever returned money to a customer. Car was seriously damaged and repaired, then sold on to me, I have now brought it to their attention and they have held their hands up that they had sold me a car that had been crashed and repaired to such an extent that it has subsequently been deemed unsatisfactory to drive the car by the AA engineers report.

I know that I have a legal case but would rather not have to spend time/effort pursuing this route. All I am looking for is the current market value of the car plus what is outstanding on the financing - the total coming in under 10k - I dont think this is an unreasonable request? I do not want another car from this dealer/garage.

Am I mad - any help at all would be appreciated.
 
Re: Unfair request off garage to ask for money back?

Have the garage offered you another car in replacement?

Are they a member of the SIMI and if so what have they said about this matter?

Are you a member of the AA and if so what advice have they given you?

Its certainly not an unfair request in light of your dealings to-date with this garage.
 
Re: Unfair request off garage to ask for money back?

Thanks Sue Ellen,

I cant really go into too much detail but yes they have offered to replace the car but it is really a sales deal for them......I am going to refuse and ask for my cash.

SIMI will only deal with compalint once Senior Management have been approached and the complaint has to be submitted on-line. They dont offer consumer advice on the phone.

The AA basically told me to "be careful" and expect a battle with this particular dealership!

Great fun
 
If they sold you a car that is not road worthy you are entitled to a full refund.
 
Mers1,

According to the "The Sale of Goods and Supply of Services Act 1980" a car sold by a dealer - whether new or used - should be:


  • Of merchantable quality (this means a reasonable, acceptable quality given what was said about it and taking into account the age and history of the vehicle)
  • As described
Which in this situation does not appear to be the case. Got this off the NCA's website - http://www.consumerconnect.ie/eng/H...nsumer-Law/Buying-a-car/responsibilities.html. This piece goes on to talk about misleading information so you might what to read it. But looking at it you are entitled to a full refund.
 
Hi Mers,
Did you have a trade-in? Do you have a copy of the order form you signed for the car? I have previous experience of this.
Regards
Eamonn
 
Hi EamonnOB,

Yes I have all documentation, there was a trade-in and I have the SIMI car order/purchase form. Why do you ask?