I bought a fire risk

corporal punishment

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So I sold my old reliable Volvo and decided to replace with a nice 3 series. Decided on a 316 as they're cheap on tax. It's pre 08 so just over €500 as opposed to €700 for the 320. Arranged to view 3 cars over the weekend and then made the fatal mistake of buying the first one I looked at. Lovely looking car, good spec, drove well and the seller, 30 day warranty, an independent dealer, not private seller seemed pleasant enough. Paid a deposit, collected the car the following day,a Sunday, and drove home. Worth noting that the petrol tank contained only fumes, almost empty even though there was a garage just around the corner from where I collected the car. A foretaste of things to come. Long story short, the car developed a noise later that day and the engine management light came on. The seller asked me to bring the car to his mechanic which i did and I got the car back the following thursday fixed. The noise was a bearing in the diff which the seller paid to have repaired. The engine light came back a few days later along with a host of other warning lights. The throttle position sensor is gone. Now the seller is less helpful. Only wants to go halves in the repair bill, getting the car to his mechanic is my problem, he's losing money now he says and wont be paying any more money if further problems arise. I've asked for a refund as i'm now worried that this car is a money pit and an unreliable car. Broke down twice in the first week and my own mechanic advice is to not drive it until repaired as it could catch fire. the seller is refusing my request for a refund and keeps saying bring it to his mechanic. Does anyone know what my rights are?. Am I entitled to a refund under consumer legislation or am I stuck with a lemon?.
 


willow68

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Good heavens - that thing sounds like a death trap.. do not drive it at all. Maybe get an authorised BMW garage to have a look. Prepare to have to crush it though.
 

Expose the lot of them

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So I sold my old reliable Volvo and decided to replace with a nice 3 series. Decided on a 316 as they're cheap on tax. It's pre 08 so just over €500 as opposed to €700 for the 320. Arranged to view 3 cars over the weekend and then made the fatal mistake of buying the first one I looked at. Lovely looking car, good spec, drove well and the seller, 30 day warranty, an independent dealer, not private seller seemed pleasant enough. Paid a deposit, collected the car the following day,a Sunday, and drove home. Worth noting that the petrol tank contained only fumes, almost empty even though there was a garage just around the corner from where I collected the car. A foretaste of things to come. Long story short, the car developed a noise later that day and the engine management light came on. The seller asked me to bring the car to his mechanic which i did and I got the car back the following thursday fixed. The noise was a bearing in the diff which the seller paid to have repaired. The engine light came back a few days later along with a host of other warning lights. The throttle position sensor is gone. Now the seller is less helpful. Only wants to go halves in the repair bill, getting the car to his mechanic is my problem, he's losing money now he says and wont be paying any more money if further problems arise. I've asked for a refund as i'm now worried that this car is a money pit and an unreliable car. Broke down twice in the first week and my own mechanic advice is to not drive it until repaired as it could catch fire. the seller is refusing my request for a refund and keeps saying bring it to his mechanic. Does anyone know what my rights are?. Am I entitled to a refund under consumer legislation or am I stuck with a lemon?.
When you say "independent" dealer what do you mean? Has he a premises, registered company, or does work from his home? Is the car a UK import by any chance?
 

corporal punishment

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Well it's only a fire risk because it's running on full choke all the time and the petrol is running almost straight through due to the TPI being faulty. I have no confidence in this car and just want out now. It may or may not be fine after being repaired...again. But surely any reputable dealer would take the car back and give me a refund.
 

corporal punishment

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When you say "independent" dealer what do you mean? Has he a premises, registered company, or does work from his home? Is the car a UK import by any chance?
He works from home but described himself during the test drive as a dealer. They have a facebook page as well. I don't really want to name him on a public forum. There's two of them involved I think.
 

Trainwreck

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So I sold my old reliable Volvo and decided to replace with a nice 3 series. Decided on a 316 as they're cheap on tax. It's pre 08 so just over €500 as opposed to €700 for the 320. Arranged to view 3 cars over the weekend and then made the fatal mistake of buying the first one I looked at. Lovely looking car, good spec, drove well and the seller, 30 day warranty, an independent dealer, not private seller seemed pleasant enough. Paid a deposit, collected the car the following day,a Sunday, and drove home. Worth noting that the petrol tank contained only fumes, almost empty even though there was a garage just around the corner from where I collected the car. A foretaste of things to come. Long story short, the car developed a noise later that day and the engine management light came on. The seller asked me to bring the car to his mechanic which i did and I got the car back the following thursday fixed. The noise was a bearing in the diff which the seller paid to have repaired. The engine light came back a few days later along with a host of other warning lights. The throttle position sensor is gone. Now the seller is less helpful. Only wants to go halves in the repair bill, getting the car to his mechanic is my problem, he's losing money now he says and wont be paying any more money if further problems arise. I've asked for a refund as i'm now worried that this car is a money pit and an unreliable car. Broke down twice in the first week and my own mechanic advice is to not drive it until repaired as it could catch fire. the seller is refusing my request for a refund and keeps saying bring it to his mechanic. Does anyone know what my rights are?. Am I entitled to a refund under consumer legislation or am I stuck with a lemon?.
How is he losing money? Presumably he bought the warrantee he sold you.

If he underwrote the warrantee himself, he was clearly a fly by night operator.
 

Half Nelson

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He works from home but described himself during the test drive as a dealer. They have a facebook page as well. I don't really want to name him on a public forum. There's two of them involved I think.
I think I know this guy.

There could hardly be two like that, could there?
 

CatullusV

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So I sold my old reliable Volvo and decided to replace with a nice 3 series. Decided on a 316 as they're cheap on tax. It's pre 08 so just over €500 as opposed to €700 for the 320. Arranged to view 3 cars over the weekend and then made the fatal mistake of buying the first one I looked at. Lovely looking car, good spec, drove well and the seller, 30 day warranty, an independent dealer, not private seller seemed pleasant enough. Paid a deposit, collected the car the following day,a Sunday, and drove home. Worth noting that the petrol tank contained only fumes, almost empty even though there was a garage just around the corner from where I collected the car. A foretaste of things to come. Long story short, the car developed a noise later that day and the engine management light came on. The seller asked me to bring the car to his mechanic which i did and I got the car back the following thursday fixed. The noise was a bearing in the diff which the seller paid to have repaired. The engine light came back a few days later along with a host of other warning lights. The throttle position sensor is gone. Now the seller is less helpful. Only wants to go halves in the repair bill, getting the car to his mechanic is my problem, he's losing money now he says and wont be paying any more money if further problems arise. I've asked for a refund as i'm now worried that this car is a money pit and an unreliable car. Broke down twice in the first week and my own mechanic advice is to not drive it until repaired as it could catch fire. the seller is refusing my request for a refund and keeps saying bring it to his mechanic. Does anyone know what my rights are?. Am I entitled to a refund under consumer legislation or am I stuck with a lemon?.
Ring the Office of Consumer Affairs. They are very helpful indeed. They will tell you your rights and point you to the relevant statutes. Print them off and use them against the dealer. This has worked for me in the past, with the supplier folding immediately.

Fit for purpose is a powerful phrase.
 

tigerben

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If he classes himself as a car dealer then if after fixing the car once and it’s not satisfactory, return the car , get your money back. Under the second hand goods this is your entitlement. You can always report to the gardai , I’m sure even if they can’t do anything, They can pay him a visit and see has he is tax compliance ect.
 

CatullusV

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If he classes himself as a car dealer then if after fixing the car once and it’s not satisfactory, return the car , get your money back. Under the second hand goods this is your entitlement. You can always report to the gardai , I’m sure even if they can’t do anything, They can pay him a visit and see has he is tax compliance ect.
In situations such as this, Consumer Affairs have more powers than the cops.
 

corporal punishment

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The fit for purpose thing is a handy tool. I specifically asked him twice during the test drive if the car has any known faults or any issues that might cause problems. Answered no on both occasions. He's being difficult. Ignored 7 phone calls yesterday only responded when I texted him that I was handing the whole affair over to my solicitor. Instant response claiming that I was a difficult person to deal with and he's doing his best to fix the car. He thinks I'm bluffing about the solicitor, I'm not. i just phoned her there but she's in court. Waiting on a call back.
 

CatullusV

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The reason that is that if someone were to contact him regarding buying one, the dealer might decide that the best resolution is to take it back into stock on the basis of a firm buyer. The deal would, of course, not eventuate.
 

enuffisenuff

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The fit for purpose thing is a handy tool. I specifically asked him twice during the test drive if the car has any known faults or any issues that might cause problems. Answered no on both occasions. He's being difficult. Ignored 7 phone calls yesterday only responded when I texted him that I was handing the whole affair over to my solicitor. Instant response claiming that I was a difficult person to deal with and he's doing his best to fix the car. He thinks I'm bluffing about the solicitor, I'm not. i just phoned her there but she's in court. Waiting on a call back.
Yep fair play..make life as awkward a possible for him..I'm not sure on car values but did you pay less than 2k for the car? If so you can go to small claims as well..
 

CatullusV

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The fit for purpose thing is a handy tool. I specifically asked him twice during the test drive if the car has any known faults or any issues that might cause problems. Answered no on both occasions. He's being difficult. Ignored 7 phone calls yesterday only responded when I texted him that I was handing the whole affair over to my solicitor. Instant response claiming that I was a difficult person to deal with and he's doing his best to fix the car. He thinks I'm bluffing about the solicitor, I'm not. i just phoned her there but she's in court. Waiting on a call back.
Consumer Affairs costs nothing. Find out your options with them. They really are good at this stuff.
 

mr_anderson

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Never buy a second hand BMW.
Too many of their owners rip the shít out of them.
If you still can, just get your money back.

Highly recommend Lexus for reliability.
 

corporal punishment

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He's not a member of SIMI, so no recourse there.
 

corporal punishment

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Never buy a second hand BMW.
Too many of their owners rip the shít out of them.
If you still can, just get your money back.

Highly recommend Lexus for reliability.
One previous owner, family car. It wasn't drifted so I thought it might be OK. Seems not. Yeah, I might look at a Lexus.
 

corporal punishment

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According to consumer affairs.

When you buy from a dealer, the car should be:
Of merchantable quality – it should be of reasonable, acceptable quality given the age and history of the car
Fit for the purpose intended and roadworthy
As described – it should match the description given verbally or in an advertisement.

It is an offence for a dealer to provide misleading information about the car including its history, specification and any repair work needed. A dealer must not give you misleading information about themselves such as any authorisation they claim to have, their after sales service or any code of practice in place. It is also an offence under consumer law for a dealer to withhold information when selling a car.

He seems to have failed on all 3 points.
 


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