What are my rights/options?

C

Chaz

Guest
Hi,

Newbie here -was suggested this forum from boards.ie - hope this is the right area on this forum.

Ill try and keep this as short as possible. Hopefully in the right forum area.

Bought a car from Jordanmotors in Wexford a few months ago. Before I took delivery of the car there were items to be sorted. One of the items was a vibration.

Car was delivered - vibration was not sorted. Car went back due to this and a noise around the Air Con area.

Air Con clutch bearing was replaced. Vibration was 'fixed' by them - which in reality never was. I received the car and immediately let them know the vibration was still there.

After numerous emails and all kinds of words being put back and forth Jordanmotors agreed to pay to have all four wheels balanced and aligned as this was what was thought to be wrong.

Before I took the car in - I had a trip to Limerick - I took it in to SAAB there - they reckoned it was likely a problem on the CV joints - a common issue on 93 SAABs.

I mentioned this to Jordanmotors who said that they would not pay for this repair of around E1000 and offered me a refund. Their refund was to give me my traded in car back and keep the SAAB. I refused this - I simply wanted the car fixed.

The car eventually was sent in for 4 wheel alignment etc - no real difference. I am still owed this money by Jordanmotors.

Eventually SIMI became involved - Ill reserve comment on their ability - or lack thereof. Eventually it was agreed, after much 'threatening' by me to start a 'jordanmotorssuck.com' or similar page.

Jordanmotors denied the vibration existed. I still dont understand why I would waste their or my time on this issue. I eventually got them to agree to have someone else look at the car. They suggested the AA - who wanted E270 just to look at the car. I asked for SAAB to look at the car as I felt if its their car (SAAB 93) - they would probably be the best people to look at the car. By this time - Jordanmotors had said via SIMI that they would pay for any repairs.

Car went in last week - CV joints are messed as SAAB in Limerick suspected. Vibration exists - and its not a figment of my imagination.

The work comes to around E1000. I am yet to get the go ahead from SIMI or Jordanmotors for this work. I am not willing to pay this myself and claim it - I already have money owed to me for balancing and similar.

It took me ages to find a car I liked - I certainly dont want my old car back etc etc. What are my options if they do not fix the car or I do decide to take them up on that refund? Can I ask for the car to be returned, the finance to be scrapped or settled and them to keep my car I had traded in? I just feel that if I go back to where I was before I would have lost 6 months - plus - I dont want to loose this fight - if only to prove a point.

Traded in car and this car are both on HP from the same company. First loan was closed - 2nd opened on the 2nd car - can the finance company get involved?

I had already explained to them briefly what was going on after Jordanmotors threated to initiate the refund on their own accord. I instructed my bank to offer no such refund or similar without my approval.

The lady said it would problably not had been accepted anyways - its not in their own interest to go back on a deal.

Thoughts / options?

Thanks
 
AFAIK, they more than covered their legal obligations to you by offering you the refund which you declined.
 
OK, is the refund correct to give me back my car that i no longer wanted? Can I not insist that the refund only includes taking back my current car and basically clearing the debt on it?

I really dont want to go through the trading in a car / being ripped off thing again.

<EDIT> - could they therefore, me refusing the refund, simply walk away? I had suggested going to the press if they didnt fix the car - this seemed to spring them into action ....
 
The general principle is that they should get you back to the situation you were in before the transaction - this would involve you having your original car. You may be able to negotiate with them to do something more than this, but I don't think they have a legal obligation to do so.
 
If you had got a proper wheel to wheel warranty day 1 they would have been obliged to pay for these repairs irrespective of cost.

I cannot see wy you would have any right to sue the SIMI. What do they owe you?
 
I never said that I would sue SIMI (if I did - please show me) - my fight is not with them - even though they are rude and difficult to deal with - its with the dealer.
 
The warranty was a 6 month mechanical warranty (excluding turbo).

The vibration being sorted was a 'pre sale' agreement that was not kept by the dealer.
 
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