Any guidance gratefully received- Nox sensors etc

[AilsaB]

Hi, reaching out for any assistance anyone can give me as am now at a loss. Purchased a 64 plate ML250 from a dealership down south a month ago with six month warranty. Car had been part of an estate that had gone in to probate and do been off the road for nearly two years.

Two weeks after purchase adblue countdown and EML came on. Took car to dealership in Edinburgh who took £363 from me to tell me NOX sensors need replaced. Car had had Diesel engine software update in March at which point sensors should have been replaced if required. Mercedes are not able to tell me yet where this update was done or if the Nox sensors were checked.

Have spent a week on hold to Mercedes, dealership and warranty company. Dealer that sold me the car eventually agreed to pay for the Nox sensors but when I went to pick it up on Thursday after work had been done , I turned on ignition and EML was on. MB dealership now saying temperature sensor needs replaced too. Car has done 45k miles.

I have read various forums re Nox sensors and all the problems around them. Are you able to assist at all re what I can say to Mercedes? Case is with head office and I still don’t have my car back, less than a month after purchase ... Thank you, any guidance gratefully received.

 

[DSM10000]

Ailsa

Welcome.

The problem lies squarely with the supplying dealer under law. There is a presumption under law that a car such as this should be fit for purpose.

I assume this is a dealer supplied warranty? If so then the Warranty company are only effectively underwriting the dealers risk.

If the Warranty company will not pay then the dealer is legally liable and it is down to the dealer to argue with the Warranty company as he has the contract with them.

I hope you get a satisfactory resolution.

Regards

David

 

[AilsaB]

Ailsa

Welcome.

The problem lies squarely with the supplying dealer under law. There is a presumption under law that a car such as this should be fit for purpose.

I assume this is a dealer supplied warranty? If so then the Warranty company are only effectively underwriting the dealers risk.

If the Warranty company will not pay then the dealer is legally liable and it is down to the dealer to argue with the Warranty company as he has the contract with them.

I hope you get a satisfactory resolution.

Regards

David

David,

Thanks very much for your reply. COVID has added complications with the relating garage not being able to get through to warranty company, hence dealer eventually agreeing to pay for Nox sensors but only after I threatened to return the car to them as it was within 30 days of sale. Can I expect them to foot unlimited bill until car is back in the road?

 

[AilsaB]

David,

Thanks very much for your reply. COVID has added complications with the repairing garage not being able to get through to warranty company, hence dealer eventually agreeing to pay for Nox sensors but only after I threatened to return the car to them as it was within 30 days of sale. Can I expect them to foot unlimited bill until car is back in the road?

 

[DSM10000]

David,

Thanks very much for your reply. COVID has added complications with the relating garage not being able to get through to warranty company, hence dealer eventually agreeing to pay for Nox sensors but only after I threatened to return the car to them as it was within 30 days of sale. Can I expect them to foot unlimited bill until car is back in the road?

You can expect the car that you paid for to be roadworthy and to be able to use it as intended, Obviously repair costs will be capped at some point. Regardless of he 30 day return policy the dealer states you have not had use of the car you paid for now for a month .

I would be suggesting to the dealer that they take it back and refund you in full if they cannot have a full repair of all known faults carried out in a reasonable time (state a time in a letter, i,e 14 days from receipt) and send it recorded delivery, not by email/

 

[AilsaB]

You can expect the car that you paid for to be roadworthy and to be able to use it as intended, Obviously repair costs will be capped at some point. Regardless of he 30 day return policy the dealer states you have not had use of the car you paid for now for a month .

I would be suggesting to the dealer that they take it back and refund you in full if they cannot have a full repair of all known faults carried out in a reasonable time (state a time in a letter, i,e 14 days from receipt) and send it recorded delivery, not by email/

Thanks again. Added complication that I fitted a towbar and changed the sidesteps, plus dealer is 400 miles away ... I also really like the car and spent some time hunting it down. I’ll see where we get to next week - at the moment I’m only the £363out of pocket as dealer paid £1158 for Nox sensors. Who knows what temperature sensor will be ... I have a courtesy car at the mo too so preferable outcome would be that car gets fixed at no further cost to me. Thanks again for your replies, very helpful