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JimLawyer
JimLawyer, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 7148
Experience:  Senior Associate Solicitor
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I'm wondering I bout a car Saturday evening of a dealership

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Hi I'm wondering I bout a car Saturday evening of a dealership but after returning home realised a number of fault that were not explained to me am I entitled to a refund as he sold me a product that is not fit for use

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

Your rights have been breached under the Sale of Goods and Supply of Services Act 1980. The vehicle needs to be of "merchantable quality", "fit for purpose" and "as described". You should write to the dealer and tell them this and that you want your money back in 14 days otherwise you will sue.

You can use the Court Service Online website to start a claim against the dealer if the amount is up to 2,000 euro. If it is higher than that I would recommend you sue via a law firm given that the Irish procedure is more complex.

The fee to start the claim is 25 euro and this is added on to the amount which you paid to the dealer. You will need to register as a new user at https://www.csol.ie/ccms/welcome.html

Once you have done that, the Small Claims Registrar serves the court documents upon the defendant. If the defendant disputes the claim then the Registrar sends you a copy of the response.

The Registrar will try to resolve the claim for you both - if it does not resolve then the Registrar will pass the claim to the nearest District Court where in most cases the dispute is decided on paper but the judge may decide to list a hearing in case the papers do not enable them to make a decision.

If your claim is worth more than 2,000 euro, send the letter to the dealer first and see if this work - it should do as they will not want you to a) sue them and b) bring this dispute to the attention of the Competition and Consumer Protection Commission (CCPC).

Finally, if you paid by credit card or bank card, ask your credit card provider or bank to do a charge-back on the monies. Most providers offer charge-back facilities so this is another way you can get your money back.

I hope this helps – if you can please give a positive rating by clicking 5 stars (at the top of your screen), I can answer any follow up questions at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

I hope I have answered your question. Let me know if anything requires clarification. In the meantime if you could either leave a star rating, or reply “yes”, I would be very grateful.

Many thanks,

Jim

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