It's unlikely the seller will refund you

Answering your motoring queries.

From D O'R:

I bought a 1995 Opel some months ago from a used car dealer in my area. The car has failed to start on several occasions and despite taking it back to him over a leaky fuel pipe, a broken lock on the bootlid and an oil leak, he says it has nothing wrong with it, though he has fixed the oil leak for free. I realise it is old and I expected it to give a little trouble, but now I want to send it back and demand my money back. Can I do this? Should I approach Opel?

It's the dealer and not the manufacturer who is responsible for the sale and merchantable quality of the vehicle. As for a refund, it depends on the length of time you have had the car. You have rights under the Sale of Goods Act, but they have a statute of limitations, normally of two years. It's unlikely if you have had the car for any length of time that the seller is going to be forced to refund you the entire amount, but they can be made fix the problems.

The ultimate issue under the Act is if the car was of merchantable quality and also if any problem could be defined as making the car a danger to the public or the owner. While the broken boot lock is hardly a life or death issue, there may be a case with the oil and fuel leaks. You don't specify whether these issues were always problems with the car since you bought it or have arisen since purchase. If they started after the sale then the dealer may not be responsible. In general, it's fair to say that you can expect some problems with a car that's nearly 13 years of age. Ultimately you may wish to seek redress for expenses up to €2,000 through the small claims court. It's imperative, however, that you detail more thoroughly the dates problems arose and the response of the dealer. In fairness to the dealer, he has fixed the problems for you: once at no cost.

From L Phillips:

I read with interest the article on Topaz changing the name of Shell and Statoil stations in last week's edition. The improvements in service will be very welcome, although the failure to regulate pricing is a shame. My query is this: while the names are changing, where does Topaz get its oil from? The likes of Shell and Statoil own numerous oil fields, but I have never heard of Topaz owning any. Does this Irish firm now have exploration rights?

No, you should think of Topaz as a distribution and marketing firm. It may be rebranding the Shell and Statoil stations but it still has long-term contracts with both oil giants to supply it with fuel. So, in effect, you'll still probably be filling up with Statoil or Shell oil.

From B Jackson:

I'm utterly confused by the new tax changes. Will I have to pay more tax on my Ford Fiesta 1.1-litre come July?

No. The new taxes only apply to: new cars bought from July 1st onwards; cars bought from January 1st until July 1st where the owner has opted for an emission-based tax rather than engine size. The Government needs to introduce an information campaign judging by the number of queries we receive at the Helpdesk on this matter.

From S O'Leary:

When can we expect the first group of trade-ins from the car rental trade to arrive onto the market? I've bought ex-rental fleet cars before and found them great value. However, I was told that 2008 cars probably won't come to market until late this year because of the tax changes. Is that true?

The ex-rentals are very good buys, provided you give them a good check before buying. The tax changes were impacting on the big fleet buyers up until the Government reversed its decision and allowed them to opt for emissions-based road tax from January 1st on. However, the larger cars will still take a while to get to market and will probably not be registered until after July. That said, the rental companies still buy large numbers of cars now as they need them for tourists.

You should be able to get a rental now and you could make a good deal now on a non-rental 2007 model. If you want to wait for an 2008 ex-rental, it's likely to be in later in the year.