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Garage sold crashed car unfit for road

A Dublin car sales company sold a second-hand car which was "totally unroadworthy" because of a previous crash, a judge has heard.

Barrister Andrew Whelan told the Circuit Civil Court that Spawell Motor Company, Templeogue, Dublin, had ignored a claim by electrical engineer Michael Duffy for the return of his money.

Mr Whelan said Duffy, of Main Street, Clongriffin, Dublin, had bought a 2001 Audi A3 from Neil More O'Farell at the company's salesroom at Spawell Cottages in July last year.

Within days there were problems with the electrics and he had left it back for repairs and an NCT test, which it failed.

The Audi had passed a retest, but when Mr Duffy left it with a spray painter to have a few scratches repaired he was told it had been severely damaged in an earlier crash.

Mr Whelan said an AA engineer found evidence of welding and reinstatement to the car chassis and serious issues with bolts securing its front wheels. Parts of the bodywork had been replaced.

He told Judge Jacqueline Linnane that the AA engineer considered the car had been unroadworthy when sold to Mr Duffy.

Mr Whelan said Spawell Motor Company had ignored solicitors' letters, demanding a refund of the €4,500 Mr Duffy paid for the car and the AA report. When he had issued legal proceedings, the company had failed to enter any appearance in the case.

Judge Linnane granted Duffy judgment in default of appearance against Spawell Motor Company and his legal costs. The company had not responded yesterday to defend a motion for judgment against it.