Bought an ML350 and now I want my money back

[jimjohnstone]

Bought an '06 ML350 6 weeks ago with only 43000 miles on the clock.
It has started hunting on tickover, which is problem #1, problem #2 are the dipped beams which are very poor, problem #3 the 'check engine' light remains off when the ignition is on but not started (I thought all warning light usually come on before engine start).

I took it to MB in Croydon this morning for diagnostic just in case there is a problem. Major camshaft problem, engine out repair - not happy. They also reckoned that the 'check engine' light has been taped over to keep it hidden.

I did get 3 months warranty with the vehicle, so will be going to see them tomorrow to ask for my money back.

Really love the car, but now very sceptical about buying from indie garage.

Very impressed with MB in Croydon, very helpful and friendly.

 

[merc85]

Be interesting to see how the Car dealer reacts.

 

[DSM10000]

See this:http://www.mbclub.co.uk/forums/engine/137229-complete-m272-engine-thread.html


It may help in your negotiations.

 

[Charles Morgan]

A summary of your rights regarding a purchase of a secondhand car from a dealer. As the car was purchased over a month ago you have the right to require it to be repaired by him (ignore the warranty - that doesn't absolve him from his obligations) and only if that repair fails to solve the problem can you request a refund.

Buying a used car - legal rights | AA

 

[Deleted member 6183]

Be interesting to see how the Car dealer reacts.

Given the possibility that they have hidden the EML I wouldn't be expecting much.

 

[RAJ55]

Given the possibility that they have hidden the EML I wouldn't be expecting much.

This. maybe get another ML owner to confirm but im pretty sure the light does initially come on. As said above the M272 engine does suffer from problems which throws the EML on.

 

[jimjohnstone]

Thanks for the feedback guys. Hopefully having a face to face with them tomorrow and will see what transpires.

 

[zenman63]

Its sounds like a balancer shaft job, easy enough but yes an engine out.
Parts are cheap enough but the job costs around £1500.
That is why the engine light is on.

 

[jimjohnstone]

I have code 1208 'Constant adjustment of intake camshaft of right cylinder bank in direction 'Retarded' (P0016)'
1200 as above for exhaust camshaft (P0017)
0746 & 0750Mixture problems (P0172 and P0175).
SAM-F
9006 Component E1e2 (Left low beam) faulty or open circuit.
HBF
9021 No CAN message received from control unit A1
SCM [MRM]
9346 Fault in CAN communication with control unit in instrument cluster
Command or Audio
D200 Button sticking
CTEL
D6A2 Component A2/91 has short or open circuit
ESA - Both seats same fault
9854 Fault in CAN communication with control unit ICM

They finished the test there deciding it was enough.

 

[RAJ55]

I took it to MB in Croydon this morning for diagnostic just in case there is a problem. Major camshaft problem, engine out repair - not happy. They also reckoned that the 'check engine' light has been taped over to keep it hidden.

Sorry didnt read this part before. I'd be definitely asking for my money back then. Take the evidence from the main dealer which shows the fault and also your logbook. Dont take no for an answer, as said its an engine out and £1k + bill for the balance shaft. I would not be happy myself. Keep us posted how it all goes and good luck

 

[timwood2000]

Good luck tomorrow - I would be starting with a request for a full refund, even if you have had the car for over a month. Even if the dealer isn't directly responsible for putting the tape over the EML, then he is still responsible for selling a car not fit for purpose.

It seems there are more and more threads like this which is a shame.

Will be very interested to hear how you get on - all the best.

 

[jimjohnstone]

Thanks to Charles for the legal advice, it looks like I will have to accept an initila repair if that is what the dealer offers, I can still reject it if I am not happy. But considering the size of the problem I am hoping he will cut his losses and offer me my money back - fingers crossed.

 

[jimjohnstone]

Just a thought, but by covering the 'check engine' light, the dealer has misrepresented the vehicle for sale, and would it be worth threatening them with Trading Standards if they are not willing to give me my money back. When I picked the car up initially I did notice that the diagnostic connector was sticking out of the footwell, suggesting that they had read the codes, but failed to mention any problems.

 

[219]

Just a thought, but by covering the 'check engine' light, the dealer has misrepresented the vehicle for sale, and would it be worth threatening them with Trading Standards if they are not willing to give me my money back. When I picked the car up initially I did notice that the diagnostic connector was sticking out of the footwell, suggesting that they had read the codes, but failed to mention any problems.

He may well claim the car must have been like that when he bought it in , in good faith , and was unaware of problems .

He still has legal responsibilities toward you , regardless of who tampered with the warning light .

 

[RAJ55]

Just a thought, this balance shaft issue plagues the early m272 engines and once actually fixed with the upgraded gear its pretty much trouble free so if they are willing to fix it properly it may be worth it as any other 350 engine (if you want another one) will potentially suffer from this issue unless you buy a later one. On the other hand who knows what else is at fault if whoever has done it is deliberately trying to deceive you.

 

[jimjohnstone]

Just back from seeing the dealer this morning. All very amicable and he was very apologetic and embarrassed. He did initially offer me my money back, but he did say we would have to get the car fixed anyway. Considering RAJ55's comments then maybe it is better to get it fixed and hold onto it, rather than being faced with same problems if I bought another one.
Dealer is keeping the car for a few days to investigate further. Regarding the 'check engine' light, apparently the car came from MB!!

 

[Codger49]

Given the other issues that came up on the Star diagnostics before they abandoned checking, I would simply take the money back and look for another car.

 

[jimjohnstone]

I have given the diagnostics to the dealer. The only other one I'm worried about is the front SAM for the headlight and possibly the HBF (rear control panel). It is an 11 year old car so I am prepared to live with some minor faults.

 

[RSTurbo50]

It's for this reason I went for the 320 CDi engine instead, pretty bullet proof. I was looking at the 280 and 350 but was put off by the balancer shaft problems.

 

[jimjohnstone]

Kind of stuck atm. One minute I think keep the car and then I think, spend an extra 2 or 3k and get a 2008 320 as the RSTURBO50 says. I'll wait until the dealer comes back to me with my options and take it from there.
What are the known issues for '07-'09 ML320