What right do I have to return a car that was sold as an Approved Used Car?

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Eng Car 1

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I recently bought a 4 year old car off a main dealer. So far this car has been brought in 5 times to get problems fixed, 3 times whilst I waited and on top of that they have had to take the car on two seperate occasions a week each time. I am now looking for a refund for as far as I am concerned the car should have (undergone) its used car inspection and all items that required attention should have been spotted and fixed by the main dealer. So now when I approached garage and indeed warranty company I am being fobbed off with a response that they will take it again and fix fault. Where do I turn to now, obviously the warranty company are backing the dealer. FYI I have looked for used car checklist and job cards for work carried out but seemingly dealer has sent them to warranty company. When I asked about the 30 day exchange programme I was told this is never used that the problems are fixed. At this stage I would happily take my money back. Am I entitled to a refund now?
 
It's not immediately clearcut. You're entitled to a car that works as intended but where faults arise, the seller should have reasonable opportunity to correct them before being called upon for a replacement or refund. At the heart of this issue is how "reasonable" should be interpreted on this occasion. For example, how long have you had the car? If only a couple of months, then it seems like it's a "lemon" that should have been put right before being sold. If you've had it say, a year, it could be argued that the car is merely experiencing faults consistent with its age and/or the way it's driven.

Eng Car 1 said:
When I asked about the 30 day exchange programme I was told this is never used that the problems are fixed. At this stage I would happily take my money back. Am I entitled to a refund now?
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You need to analyse the terms of the programme and in particular the circumstances in which an exchange is offered.
 
Why not ring that guy on Newstalk radio...the consumer affairs bloke Andrew Mc Cann i think.

At least you will get the right advice for nowt.

I'm not sure what day he's on, probably a Friday.
 
Is this a main franchise dealer in Ireland?

Have there been one fault that has failed to be fixed or a couple of faults?
 
The car was sold by a main dealer. I only have the car 8 weeks. And as far as I am concerned there have been numerous faults, some small and some larger that should have definately been spotted before being handed over. I am no expert on cars but I would have expected either the salesman or a mechanic to have picked up on these whilst carrying out either used car inspection or else on test drive
 
Eng Car 1 said:
The car was sold by a main dealer. I only have the car 8 weeks. And as far as I am concerned there have been numerous faults, some small and some larger that should have definately been spotted before being handed over. I am no expert on cars but I would have expected either the salesman or a mechanic to have picked up on these whilst carrying out either used car inspection or else on test drive
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I hear you!! I really do. I posted my similar situation recently too.

Bough a "gold standard" car. Had it back within two weeks as it didnt start when cold. Had it back over the next 10 months with the same problem to only have it diagnosed as having a timing belt which was almost worn away. I though all these cars were thoroughly inspected before they were sold, this one obviously wasnt and they were too bothered about fixing it properly anytime i brought it in. Now I am coming out of warrenty and am going to be stuck with a car thats got a faulty timing belt, i just pray it will be ok once thats fixed. I kicked up a fuss and got extended warrenty. I would have preferrred a car i could rely on but unfortunately although the law is on the consumers side, its very hard to deal with these people, they are very slippery
 
that may be the only option if they are sticking to their guns - as a very starter you need to mention taking legal action / writing them a solicitors letter and cc'ing the appropriate consumer protection agencies/ any relevant car delar bodies to which they are affiliated etc..

do you have any solicitor mates who might pen the letter on your behalf - save yourself the initial cost of going down that route until such time as you really have to engage one professionally
 
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