HelpDesk

Michael McAleer  answers your questions.

Michael McAleer answers your questions.

From Rose Duggan:

I purchased a Kia Rio in January '06 and almost immediately the boot was wet, so I sent it back to the garage and it was fixed.

In March a heating tap burst and again the car was repaired and returned. In September, the clutch was squeaking and had to be oiled. This was done and the day after the car wouldn't start.

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The car was gone for two weeks and had just been returned when it broke down two days later on the M50. I am just wondering what are my rights with this car as I don't want to accept a repair job anymore?

You have several rights under the Sale of Goods and Supply of Services Act, 1980. When you buy a new car from a dealer, the implicit contract is that the car is of merchantable quality, as described and fit for its purpose.

This means that if there is a fault with the car after you have bought it, the dealer must put things right by either repairing the fault or replacing the car. In an extreme situation they may also refund you the cost of the car.

In fairness, the garage is complying with its obligations under the Sale of Goods and Supply of Services Act by offering a repair. However, you seem to have lost faith in the car.

We contacted Kia about your problems and a spokeswoman said the firm's aftersales manager is aware of your problems and is hoping to rectify the situation.

If you are to accept another repair, it's important that you put it in writing that you will accept it but, if it is not successful, you reserve the right to reject the car outright and claim a replacement or refund.

If you are only interested in a replacement car or refund at this stage, then I suggest you see what Kia has to say but you sould also seek professional legal advice.

From John McMahon:

Two years ago I purchased a Volkswagen Bora. For the first few months I was concerned that when I depressed the brake I was also liable to depress the accelerator.

On examination I found that the space for the foot pedals was four inches narrower than my previous car.

I have several years driving experience and I never encountered this problem before. I have become accustomed to the pedals now but it is a factor I will take into account when buying a car again. I would like to know your views on this issue.

It's a common issue with many cars these days. For example, it's a feature that I found particularly annoying on the Peugeot 206.

I must say I've never found it an issue with the Bora, which shares the same interior layout as the previous Golf.

Unfortunately I don't have a cure for your ill. You can't get the pedals reset without upsetting the entire footwell and interior trim.

What it does highlight is the need to take a car for a proper test-drive before you buy and note these sort of features before you purchase the car.

From D.H., Co Dublin:

I'm coming to that time of life when retirement beckons and I want to treat myself. I've always wanted to own a Mercedes and I'm hoping to finally make the big investment early next year.

I've come down to two cars within my price range: a C-Class 320 CDI or an E-Class 220 CDI.

I can afford an Avantgarde version of the C-Class or a Classic version of the E-Class. Before I go shopping around dealers, any advice?

As you have longed for a Mercedes for some time, we'll stick within this brand.

I'm surprised you're considering the C320 CDI. It's not a big seller here and there are better buys within the Mercedes model family for the same price.

I'm sure you have considered the following points but it's worth going over them again: 1) space - the E-Class has a lot more interior room, backseat room and boot space; 2) the E-Class offers a higher level of comfort; 3) the E-Class will have better residuals given that there is a greater demand for them out there - particularly with this particular 2.2-litre diesel engine - and not many used buyers will be looking for a 2.7-litre diesel C-Class when you go to sell the car on.

It seems your query centres around whether to opt for a high-end smaller car or an entry-level larger one.

The days when those were the only options, however, are rapidly changing as car firms seek to fill every market niche.

If space is not a priority and you want Mercedes looks and image, then why not opt for a new CLK 200 or 220 CDI?

The former comes in Avantgarde specification for roughly the same money as the C 320 CDI.

That would seem the wisest choice; fulfilling your desire to own a Mercedes, offering more sporting appeal, high specification and a boot that's comparable with the regular C-Class.

Send your queries to Motors Helpdesk, The Irish Times, Tara Street, Dublin 2 or email motorshelp@irish-times.ie