Motor Dealer Contests Refund O...


Motor Dealer Contests Refund Orders Over Crashed Cars

Laura Donnelly
Laura Donnelly

03:23 15 Sep 2022

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A Dublin motor dealer is challenging an order by the Competition and Consumer Protection Commission (CCPC) to refund two customers over the sale of previously crashed cars.

The CPCC took enforcement action against John McLoughlin, trading at Mac Autos, Raheny, Dublin 5, following complaints from consumers who bought from him in 2018 and 2020.

Last month, the consumer watchdog announced that it had issued compliance notices against him.

One buyer reported they had purchased a Citroen C1 for €3,300 in 2018 but claimed not to have been informed it had previously been damaged and was classified as a category C write-off in the United Kingdom.

The car had been allegedly advertised on Donedeal as "in mint/showroom condition inside and out".

A second complainant reported to the CPCC that they had purchased a €4,000 Ford Focus from Mac Autos in 2020.

Before purchasing, that buyer allegedly asked if the car had been previously crashed and was informed that it had not.

The CPCC issued compliance notices under section 75 of the Consumer Protection Act 2007 and served them on the car dealer in July.

Mr McLoughlin was required to refund the consumers in question.

The compliance notices also compelled him to complete history checks on all cars sold in future and to inform a consumer if a vehicle had been crashed or damaged.

The businessman lodged an appeal at Dublin District Court against the enforcement action. However, the CPCC told Judge Anthony Halpin today that Mr McLoughlin had not done so within two weeks of being served, as required in law.

The court heard he was two days late, and the car dealer explained his wife had been sick then and he could not get the appeal lodged on time.

Judge Halpin said he was prepared to relax the 14-day rule due to the exceptional circumstances to allow him to resubmit his appeal.

Reporting by Tom Tuite

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