biggusmickus
New Member
- Joined
- Dec 15, 2009
- Messages
- 28
E250cdi AV. Full tank of V-Power unleaded.

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I today have sent my car back to the dealership with a letter rejecting the car, both sets of keys in it. I emailed the dealership a copy of my letter and within 5 minutes had a phone call from him. He will be speaking to the service manager and will advise me on the progress of my request for a rejection.
Apparently by allowing a dealership to repair your car, you are accepting the known fault and your case for rejection becomes weaker. I have instructed my dealership NOT to repair my car. I dont want it repaired.
Not hoping for mine to come back. I took out ALL my possesions, emptied the boot, and left a set of spare keys in an envelope saying I was rejecting the car as its only 4 months old, broken down due to a common fault that was known prior to me buying it, therefore misrepresentation. Also as replairs are taking so long due to a shortage of new parts, thats unacceptable. Told them I want my money back or we go to court.
Thanks Mr E for your reply. I did forget to mention that in my rejection letter I would accept a replacement vehicle, not just a full refund.I hope you get the result you want...
However, it seems that the case "law" around this means that the company have to be given a reasonable chance to remedy the situation. In the OEM motor trade this seems to be 3 times. If push comes to shove (and I hope that for you it doesn't) then you'll have to overcome:
1. Known fault? As soon as this became a known issue MB stopped production of the engine in question. Some will have be caught up in the supply chain, of course.
2. Chance to remedy. Has the dealer been given the opportunity to remedy the situation? If not, then this can deemed to be unreasonable on your part.
3. Reasonableness on supplier's part. MB are collecting cars, providing replacements, and targetting the new components to cars with problems before the manufacturing chain. What else would be reasonable on their part to do? Or, to turn it the other way, what is unreasonable about what they are doing? A court will take into account the circumstances involved - in this case a third-party supplier and a major integral part of the powertrain. The OEM cannot magic parts out of the air, so reasonableness comes into play.
You'll probably find that vehicles successfully "rejected" will not legally have been done so. Most OEMs will do this in order to prevent cases stacking up against them. You may find it difficult without having gone through a repair cycle, but there again MB may give you a refund. Why would they do that? It may work out cheaper than a hire car and defending (or even dealing with) a rejection case. All they will do is repair the vehicle and put it through the network for used sales.
Don't think I'm trying to put you off - you do what you feel you need to do - but you need to be aware of the realities of the situation.
My personal approach would be to write to the dealer stating that I would accept a repair and equivalent replacement car, but any subsequent likewise failure would be grounds to reject the vehicle.
I was advised that its better NOT to let MB repair the car as you are in effect accepting the fact that its a faulty vehicle. Also you mention the word reasonable. According to Trading Standards a reasonable timescale for repair is 7-10 days. When I read stories on here of some customers till not knowing when they are getting their cars repaired after 3,4,5 weks of breaking down, then that in my view is an unreasonable amount of time. Secondly I have also had the car in 4 times before with small niggling faults, that have re-occured, so in all fairness, the injector faliure is the straw that broke my camels back....
Thanks,
I am still waiting to hear from the dealer as to what they are are doing. I do beleive that 3-6 weeks for a repair is unreasonable despite the circumstances. Its not the fault of the consumer that the problem is so widespread causing a delay in repairs. In my eyes thats a MB problem, and shouldnt be ours. Yes a repai rwithin a week or two is reasonable, but for some people to be paying £500 plus a month on finance for their car to be sitting on a forecourt waiting weeks for parts, whilst driving around in a focus or Ford KA (as I was ofered) in my opinion, is unreasonable!
HiMy E250 CDI Sports coupe broken down in January. Since, MB could not provide a reasonable time to fix the car, I pursued the route of exchanging it for an E350 CDI coupe (after reading one of the other members done the same), I paid the extra (which was not much), and opted for E350 CDI in February, 1000 miles on the clock, and so far, no issues, car goes about 32 mpg combined (mostly driven in city), but the difference of driving a 350 vs 250 is huge, the engine is more refined and powerful, and runs like a dream. The only thing I miss is the media interface, as this car doesn't come fitted with one. To all those who want to reject the car and exchange, i recommend you do it amicably, however, the dealer needs to feel your pain (mine did).
bqjtPierpp, my car was 4 months old with 2800+ miles on it when it broke down
Thanks,
I am still waiting to hear from the dealer as to what they are are doing. I do beleive that 3-6 weeks for a repair is unreasonable despite the circumstances. Its not the fault of the consumer that the problem is so widespread causing a delay in repairs. In my eyes thats a MB problem, and shouldnt be ours. Yes a repai rwithin a week or two is reasonable, but for some people to be paying £500 plus a month on finance for their car to be sitting on a forecourt waiting weeks for parts, whilst driving around in a focus or Ford KA (as I was ofered) in my opinion, is unreasonable!
Well I for one totally agree with you, with regards to the car. If the fault was unknown then MB would have received more sympathy from me than letting me knowing have a car with a potentially dangerous engine flaw.
Since my car broke down last Tuesday I have still been left in my Vauxhall Insignia 1.8, which is considerably different in all ways from the Mercedes C250 I am paying for..
Mercedes still claim they do not have to provide a "like for like" replacement, the mere fact they are trying to repair the car and have offered an alternative meets their "warrenty" description. I still state that under the sale of goods act, they have failed to provide me with a product which meets the expectations they set or described. I am advised it will be up to 5 weeks before my car is repaired and I have also now indicated I want a replacement car or my money back.
If we allow for the fact that Mercedes should be allowed a chance to repair the car, then fine do that but issue me with an identical or better car in the mean time.
If not, then replace or refund.
I am not sure if MB or Enterprise are to blame for not providing a suitable car, I know of 3 new failures of BlueEff Injectors from friends but depending on where you live seems to depend on the level of response from MB and Enterprise and it is a lottery to whether you will receive the level of service you should expect from MB.
If the manufacturing was the main blame I would of expected stock by now, perhaps there could still be a major design flaw which MB are trying to resolve?
Not sure Matt, i went into the dealership yesterday and he said once thay have managed to diagnose the fault as being injector, the car goes to MB in Milton Keynes, and then he puts in his paperwork for a "buy back request" . to be fair I have dangled them a carrott by saying I will buy another MB from them if he manages to ouch it through for meSo are they supporting your case for rejecting the car or seeking to repair it? I am unsure from the post.
I am not sure if MB or Enterprise are to blame for not providing a suitable car, I know of 3 new failures of BlueEff Injectors from friends but depending on where you live seems to depend on the level of response from MB and Enterprise and it is a lottery to whether you will receive the level of service you should expect from MB.
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