14 Day limit to return car??

[jaffajim0]

I bought a ‘17 plate E220d estate 2 weeks ago today. Issues with paintwork on the back bumper which they have agreed to patch repair. Advice on here is generally not to accept less than full respray as the rest of the bumper may fail further down the road.
mnt question is whether I am limited in requesting a full refund for the car, if I’m unhappy with what they are prepared to do, to 14 days?? I have seen 30 days mentioned as well. If they refuse to do a complete respray of the entire back bumper then that is, very regretfully, what I will do as I really don’t want to accept less than I should and then find it costing me a couple of years down the road.

 

[Atavus]

Tell them you want a proper job done. I wouldn’t expect a minor cosmetic matter to be grounds for rejection of a car.

 

[Germgh0st]

I think now that you've raised the issue with them then your right to refuse remains.

 

[jaffajim0]

Tell them you want a proper job done. I wouldn’t expect a minor cosmetic matter to be grounds for rejection of a car.

I agree that it shouldn’t be grounds for rejection but my fear is that they will refuse to do a proper job and then it will be grounds. Hoping it doesn’t come to that as I love the car.

 

[Atavus]

I don’t think it’s sufficient grounds to reject a car under the Consumer Rights Act 2015, just to be clear.

 

[jaffajim0]

I don’t think it’s sufficient grounds to reject a car under the Consumer Rights Act 2015, just to be clear.

Why?? Vehicle not as advertised or faulty I would have thought covers that. My view is used approved would never leave their dealership like that and as the damage is due to a repair carried out by them I would have thought they have to repair it to my satisfaction and also used approved standard. Don’t get me wrong, I don’t want to return the car but I will not accept a shoddy repair on what is already looking like a shoddy respray.
hopefully it won’t come down to a fight.

 

[whitenemesis]

"Cosmetic issues or minor faults that can be easily repaired are not enough to trigger your right to reject the vehicle. These sorts of issues should be dealt with under warranty, if you have one."

Rejecting a car – your consumer rights | The Car Expert | Page 2 of 3

The Consumer Rights Act provides buyers the opportunity to reject a new or used car if it is faulty or not fit for purpose. But how does this work in the real world? Read The Car Expert's comprehensive guide to your consumer rights when rejecting a car.

www.thecarexpert.co.uk

 

[Atavus]

You don’t have to try to convince me. A cosmetic defect on the car, even if annoying, doesn’t make it grounds for rejection.

You’d be better off making it clear to the garage you bought it off and get them to adequately fix it. They might comply for a quiet life.

I wouldn’t start telling them about rejection, as in my experience it’s not helpful or productive.

 

[jaffajim0]

You don’t have to try to convince me. A cosmetic defect on the car, even if annoying, doesn’t make it grounds for rejection.

You’d be better off making it clear to the garage you bought it off and get them to adequately fix it. They might comply for a quiet life.

I wouldn’t start telling them about rejection, as in my experience it’s not helpful or productive.

It is not helpful that they are a 2 hour drive away and won't sanction the repair at my local dealership. I've looked into this a bit and it seems that I have a case with section 75 as I paid the £500 deposit on my credit card.
I am fully aware that a rejection is a big thing and absolutely a last resort for me as I want to keep the car. If it's the last option left to me I shall use it and if it is the last option left I fail to see how it's not helpful or productive.
BTW, the warranty booklet would suggest this is not covered. if it was I would get it done locally.

 

[jaffajim0]

"Cosmetic issues or minor faults that can be easily repaired are not enough to trigger your right to reject the vehicle. These sorts of issues should be dealt with under warranty, if you have one."

Rejecting a car – your consumer rights | The Car Expert | Page 2 of 3

The Consumer Rights Act provides buyers the opportunity to reject a new or used car if it is faulty or not fit for purpose. But how does this work in the real world? Read The Car Expert's comprehensive guide to your consumer rights when rejecting a car.

www.thecarexpert.co.uk

The warranty would appear not to cover this and if they do the repair to the correct standard I won't be wanting to reject the vehicle.

 

[Bobby Dazzler]

It is not helpful that they are a 2 hour drive away and won't sanction the repair at my local dealership. I've looked into this a bit and it seems that I have a case with section 75 as I paid the £500 deposit on my credit card.
I am fully aware that a rejection is a big thing and absolutely a last resort for me as I want to keep the car. If it's the last option left to me I shall use it and if it is the last option left I fail to see how it's not helpful or productive.
BTW, the warranty booklet would suggest this is not covered. if it was I would get it done locally.

I can understand why the dealer would want you to take it back to them and not to your local dealership: this isn’t a fault which occurred later and as such can be covered by the warranty at any dealership, it’s their mistake and they need to make it good.

Are the two dealers even in the same dealer group? If not then they’ll be two completely separate businesses. It would be like buying an ex-demo TV from from John Lewis, realising that the remote control is missing, and expecting your local Currys to replace it.

It may not be what you want to hear but that’s the risk you take if you buy a car two hours away - if you need to take it back for any reason, then the vendor is still the same two hours away.

 

[tonysmb]

Unfortunately, your contract is with the supplying dealer, not your local one.

Whilst the approved used warranty generally allows faults developing after the sale, and covered by the warranty, to be fixed at any franchised MB dealer, that does not apply to faults that should have been sorted by the supplying dealer before sale. Of course, the dealers might agree to sort it between them but they generally will not do that. That's always a risk when travelling to purchase and obviously doesn't only apply to cars.

With respect, I would suggest that S75 re your credit card is probably a non-starter. You have the car, the company is still trading and your dispute is with the supplying dealer.

Having experience of taking a (MB) dealer to court and losing on a technicality in the contract wording, I'd suggest legal advice before contemplating that, if you're minded that way. Some you win etc.etc..

I'm sure it's not what you were hoping to hear but, unfortunately, cosmetic appearance on used vehicles is very much a subjective matter.

Eta, just seen the post#11

 

[markjay]

The 14 days cooling-off period is for cancelling the finance agreement on the car (if you have one), not for rejecting the car. In this scenario, you can cancel the finance within 14 days - but obviously only if you can come-up with the cash to pay for the car, as the purchase itself isn't voided, only the finance is.

Under the Consumer Protection Act 2015 you can reject the car within 30 days - without even having to give the seller the opportunity to fix it - if a major fault develops. But paint damage on the rear bumper isn't classified as a major fault.

If you purchased a Mercedes-Benz Approved Used car, you can have it replaced with a different car within 30 days, no questions asked (this isn't a statutory right, instead it is part of the benefits offered under the AU plan) - but you will need to pay the difference if the replacement car is more expensive than the car you are giving back. .

As for rejecting the car due to it being 'not as described' under the Consumer Protection Act 2015, you'll need to be able to demonstrate that the car was advertised as having 'as-new' paintwork with not even the slightest blemish, or that you've specifically made it a condition-of-sale. I am assuming that neither is correct, though.

And, if the dealer offers to repair it, but not respray the entire bumper, then you'll need to get a report from a qualified technician that says that the repair offered by the dealer isn't to acceptable standards.

I can understand why this is troubling you, though. If you do like the car, then the pragmatic solution might be to either ask the dealer how much more will they charge for a complete respray of the bumper (and try to negotiate a good deal for you), or just take it to a body shop of your choice and get it resprayed there. This doesn't sound right, I agree, but unfortunately it is often impractical to try and achieve absolute justice. This way, at least you'll end-up having the car you wanted.

 

[SarahAnn200]

"Cosmetic issues or minor faults that can be easily repaired are not enough to trigger your right to reject the vehicle. These sorts of issues should be dealt with under warranty, if you have one."

Rejecting a car – your consumer rights | The Car Expert | Page 2 of 3

The Consumer Rights Act provides buyers the opportunity to reject a new or used car if it is faulty or not fit for purpose. But how does this work in the real world? Read The Car Expert's comprehensive guide to your consumer rights when rejecting a car.

www.thecarexpert.co.uk

I rejected a 19 reg Audi S3 at a few months old due to paintwork issues. It was an ex demo with 2k miles on and when I got it home, it had loads of scratches where they had been careless getting in and out and other paint issues on bumpers etc. I took it to a bodyshop thinking it would be a quick 'smart' repair and they quoted around £2k for it as it was metallic glacier white and would have needed blending into panels.
The used car manager laughed at me and said what do you expect it's a used car. I got in touch with Audi UK (through the CEO, I can't remember his name at the moment) and they rang me. They told the General Manager to ring me and sort it. He said that they would repair it or I could reject it. I rejected it. They collected it and I got a refund. I wanted my C250d back but they had already sold it so I got the invoice price back.
I've rejected 2 cars, another one recently in lockdown. It's not difficult.

 

[whitenemesis]

Not difficult for the dealer either. Gets them shot of an awkward customer, who presumably didn't check the car over before or at purchase. Cheaper than having to sort the car out and on to the next buyer who won't spot the defects ..

 

[markjay]

...I've rejected 2 cars, another one recently in lockdown. It's not difficult.

...The used car manager laughed at me and said what do you expect it's a used car. I got in touch with Audi UK (through the CEO, I can't remember his name at the moment) and they rang me. They told the General Manager to ring me and sort it. He said that they would repair it or I could reject it. I rejected it...

It might not be difficult to reject a car... but from your own description it does sound like you had somewhat of an uphill struggle. Plus your car had more than just the one paint defect on the bumper:

...it had loads of scratches where they had been careless getting in and out and other paint issues on bumpers etc. I took it to a bodyshop thinking it would be a quick 'smart' repair and they quoted around £2k for it as it was metallic glacier white and would have needed blending into panels...

 

[markjay]

Not difficult for the dealer either. Gets them shot of an awkward customer, who presumably didn't check the car over before or at purchase. Cheaper than having to sort the car out and on to the next buyer who won't spot the defects ..

Presumably the dealer will - at the very least - incur a reduction in value due to the car now having one additional previous owner?

 

[jaffajim0]

I can understand why the dealer would want you to take it back to them and not to your local dealership: this isn’t a fault which occurred later and as such can be covered by the warranty at any dealership, it’s their mistake and they need to make it good.

Are the two dealers even in the same dealer group? If not then they’ll be two completely separate businesses. It would be like buying an ex-demo TV from from John Lewis, realising that the remote control is missing, and expecting your local Currys to replace it.

It may not be what you want to hear but that’s the risk you take if you buy a car two hours away - if you need to take it back for any reason, then the vendor is still the same two hours away.

My local dealer is Vertu and the dealer I bought from is Lookers. I was told by another Lookers dealer that a repair at my local dealer was possible and he actually said I’m sure they’ll either pick it up and repair or sanction your local dealer to do it and pick up the bill. That suggests to me that the dealership I’m dealing with can do more. As for your John Lewis and Curry’s analogy I think it’s more like buying a Samsung from either store and getting Samsung to sort out the problem which I believe an email to MB UK may help with but I might be wrong.
the reason I bought one 2 hours away is because finding the car and spec I wanted was hard. That is also the reason I would much rather they sort the paint job out than me reject the car.

 

[st13phil]

I rejected a 19 reg Audi S3 at a few months old due to paintwork issues. It was an ex demo with 2k miles on and when I got it home, it had loads of scratches where they had been careless getting in and out and other paint issues on bumpers etc. I took it to a bodyshop thinking it would be a quick 'smart' repair and they quoted around £2k for it as it was metallic glacier white and would have needed blending into panels.

As you say, cosmetic issues can be a legitimate reason to reject a car, but it's a matter of scale. For example I rejected a an R56 Cooper S which at 3 months old developed "leopard spots" on the bronze metallic paint that would have required a full bare-metal respray to correct. A single paint defect on a bumper that can be easily rectified is not, imo, of a scale that would warrant rejection and if push came to shove and it went legal I suspect it would be an impossible task to persuade a Judge that it was.

As far as the OP is concerned, I think he has a legitimate complaint and it's reasonable to expect that the bumper be stripped, properly prepared and repainted. If the dealer had properly prepped the new bumper before painting it wouldn't have peeled.

 

[SarahAnn200]

Presumably the dealer will - at the very least - incur a reduction in value due to the car now having one additional previous owner?

The dvla told me that on both cars, the owner (me) would be added on and removed and wouldn't be 'additional' to the number of owners (just for their records).