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    liverpool75's Avatar
    liverpool75 Posts: 58, Reputation: 1
    Junior Member
     
    #1

    Mar 21, 2008, 05:39 AM
    Court summons for garage mistake.
    Hi just a question someone might advise me on.2 years ago I went for finance on a car in a big respected car dealers.I picked a car I liked and the paperwork was drawn up for it everything was fine and the bank passed me for the finance.I was due to take possession of the car 2 days later but due to me losing my job the next day I cancelled the deal as I couldn't afford to take the finance on.the problem is about 8 months after that I received summons"s for court for speeding.I ignored the fine as I didn't even own a car.then 2 months later another one came through the door for another speeding offence this time with a picture of someone driving the car,showing the model of car too.as I looked at the picture of the car it clicked with me that it was the car that I went for finance for 2 years earlier.since then I've had the police at my house, missed a court date and have 2 fines of 400euro for something I didn't do.ive appealed it in court which I'm due to go to court to clear my name.I got on to the garage about it and they have sent out documents stating the it was there mistake and I never took possession of the car that the paperwork was all prossesed before I cancelled the deal.the thing is I've had to take time of work to appeal this,and I'm going to have to take more time in the future for court and I've been hassled by the police over it and the garage insist they won't pay me anything to me for lose of earnings over there mistake.is there anything I can do about it.iwas thinking of going to the local paper and radio show to give the garage a bad name,what do you think.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Mar 21, 2008, 05:45 AM
    Quote Originally Posted by liverpool75
    hi just a question someone might advise me on.2 years ago i went for finance on a car in a big respected car dealers.i picked a car i liked and the paperwork was drawn up for it everything was fine and the bank passed me for the finance.i was due to take possesion of the car 2 days later but due to me losing my job the next day i cancelled the deal as i couldnt afford to take the finance on.the problem is about 8 months after that i recieved summons"s for court for speeding.i ignored the fine as i didnt even own a car.then 2 months later another one came through the door for another speeding offence this time with a picture of someone driving the car,showing the model of car too.as i looked at the picture of the car it clicked with me that it was the car that i went for finance for 2 years earlier.since then ive had the police at my house, missed a court date and have 2 fines of 400euro for something i didnt do.ive appealed it in court which im due to go to court to clear my name.i got on to the garage about it and they have sent out documents stating the it was there mistake and i never toke possesion of the car that the paperwork was all prossesed before i cancelled the deal.the thing is ive had to take time of work to appeal this,and im going to have to take more time in the future for court and ive been hassled by the police over it and the garage insist they wont pay me anything to me for lose of earnings over there mistake.is there anything i can do about it.iwas thinking of going to the local paper and radio show to give the garage a bad name,what do you think.

    I'm not in Ireland so I don't know your laws. I DO know it's never a good idea to ignore papers from any Court and you've stated you ignored the first Summons, ignored the fine, missed a Court date and had another fine assessed. Everything after the first Summons was your fault for not answering.

    I think if you go to the media you are going to look like you should have taken more responsibility right at the beginning. It would appear that the dealership did try to correct the error when you notified them.

    But, again, I have no idea about laws in Ireland - I am just speaking common sense.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Mar 21, 2008, 06:08 AM
    I have to agree with Judy. If you try to sue the dealership for your costs in dealing with this issue, the first thing you are going to be asked is why did you ignore the summonses. The judge is then likely to rule that you are responsible for the costs because you ignored the summonses.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #4

    Mar 22, 2008, 06:20 AM
    liverpool75 agrees: thanks for taking time to answer I know what both of you are saying,its just all the hassle I'm getting is annoying and the garages response was we won't pay anything for lose of earnings.it wasn't my fault to begin with,its annoying


    See, that's my point. It WAS your fault because you didn't answer the original Summons and then it all went downhill.
    KISS's Avatar
    KISS Posts: 12,510, Reputation: 839
    Uber Member
     
    #5

    Mar 22, 2008, 06:35 AM
    Hey, I was in a similar situation. I gave my old car to a dealership, but didn't notify motor vehicle that the car was "sold". I didn't get any paperwork for the $0 transaction because since I "sold" it to reputable deal that I have been doing business with for 17 years.

    On two occaisions, the police showed up at my door looking for the "owner of my old vehicle" which happened to still be me. The dealership could not find the car, possibly because of the $0 transaction. The car was 17 years old and had 230K miles on it, so it didn't owe me anything.

    My "old car" was a getaway vehicle in two store robberies. Oops. It was my responsibility to notify "motor vehicle" that the car changed hands. Fortunately, no ill effects.

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