Did Mercedes con me?!

[megane]

Hi
So I recently purchased a used and approved Mercedes car here in the UK. I was told the car had been inspected as standard. However, the car had a few small chips on it and I was of the opinion these get repaired before sale. Furthermore, the boot lid did not align.

Mercedes offered me some further discount to get the boot lid fixed under the warranty and said there wasn't much that can be done about the chips. I later found out a few of my mates car had scratches and chips which they repaired before the sale.

As I was desperate I agreed and took the car.

After a week I have now realised the following:
-They informed me the alloys were 20" but are in fact 19". I did not know until a friend told me
-I have found a few more chips and shoddy paint jobs on the car. They are small chips.
-The driver seat slides very slowly
-The boot lid as mentioned
-A noise when turning near the axle
-Most dangerously, I have realised the break pads are worn out. Sensor has not shown anything but I can see there is no rear break pads left. It explains why the car has had spongy breaks and squeaks.

Surely, this is Mercedes job to have sorted before hand?

What are my rights? How can I go about it? I tried calling the dealership but they were not interested as I took the car away. All my other friends Mercedes were fixed upon request.

 

[clk320x]

See information below:

On 1 October 2015 the Consumer Rights Act added a rule that applies to all transactions between businesses and consumers. This is known as the “short-term right to reject”.

If you've bought a new motor from a dealership, you have the right to return the car within the first 30 days of purchase.

Previously, you could return the car within “a reasonable time” – but now the Consumer Rights Act is more definitive.

If you discover a fault with the car within that period, you’ll have the right to reject it for a full refund, or to ask for a repair if you want to keep it.

However, it’s worth keeping in mind that you’ll have to prove that the fault was present when you bought the car.

 

[Atavus]

You need to work out what you’re happy accepting. Returning the car can be your target or just part of the bargaining.

Stone chips and cosmetics are things to negotiate when you are buying, you are stuck with that.

They should sort the breaks and noises and probably that seat. Boot lid ought to be aligned.

Did they ever come on 20s? What do you want them to do, money off?

 

[markjay]

As per clk320x post above.

Firstly, when did you buy it? Under the Mercedes Approved scheme, you have 30 days to reject the car (though not for a refund, i.e. you will need to buy another Approved Used car).

Then, write to the dealer explaining all the issues, and escalate if from there if need be. Trading Standard, small claims, etc. Hopefully your letter will work and the rest won't be requires. You might even be able to reject the car altogether (depending on how serious the faults are).

 

[whitenemesis]

Very few, if any, used approved will have faults corrected before a sale is agreed. Dealers rely on buyers spotting and requesting them to be done. You'd be surprised at how many buyers never see anything wrong and that's money saved by the dealership.

 

[SlimJim]

Why were you “desperate” to buy a used car? That is the scenario where many defects are missed. Sounds like your due diligence was affected. The seat movement is the only issue that the dealer may attend to. The brakes are another, but as they are wear items maybe less so.
The salesman will be charged by the service department at normal rates for any work he agrees so will not want to see his margin reduced on the car.

Wheel size could have been confirmed by a look at the tyres.

I don’t think Mercedes conned you.

 

[st13phil]

So I recently purchased a used and approved Mercedes car here in the UK. I was told the car had been inspected as standard. However, the car had a few small chips on it and I was of the opinion these get repaired before sale. Furthermore, the boot lid did not align.

Mercedes offered me some further discount to get the boot lid fixed under the warranty and said there wasn't much that can be done about the chips. I later found out a few of my mates car had scratches and chips which they repaired before the sale.

Did you make it clear that the sale was conditional upon the stone chips and boot lid misalignment being rectified? By the comment "said there wasn't much that can be done about the chips" I suspect you may think you had but that the salesman you dealt with had rejected your request. I also don't understand the statement, "Mercedes offered me some further discount to get the boot lid fixed under the warranty". Either they agreed to fix the boot lid alignment prior to collection or they didn't. What has further discount got to do with it?

As I was desperate I agreed and took the car.

Hmmm. Not the best bargaining position, I'm afraid - as you have now learned.

After a week I have now realised the following:
-They informed me the alloys were 20" but are in fact 19". I did not know until a friend told me
-I have found a few more chips and shoddy paint jobs on the car. They are small chips.
-The driver seat slides very slowly
-The boot lid as mentioned
-A noise when turning near the axle
-Most dangerously, I have realised the break pads are worn out. Sensor has not shown anything but I can see there is no rear break pads left. It explains why the car has had spongy breaks and squeaks.

I don't wish to appear rude, but it sounds like you're quite inexperienced as far as cars are concerned. For example the wheel size is easily determined by simply looking at the tyre dimensions - it takes no special skill or ability.

Bearing this in mind, my suggestion would be to pay for an independent inspection of the car (both the AA and the RAC offer these for not a great deal of money) and take it from there. If the inspection reveals significant faults then the law is on your side and you will have good evidence with which to challenge the selling dealer, but move quickly as the longer you leave it the more difficult rejection becomes. Remember though that a five year old used car will not be perfect and that (for example) minor stone chips are not a valid reason for rejection on their own.

 

[grober]

Sadly many of these "deals gone bad" threads have constantly recurring themes.

1. the buyer has some initial doubts
2. the car appears very "competitively priced"
3. the buyer feels unable to make an accurate assessment of the car due to lack of knowledge/inexperience.
4. they now have a problem

here are the correct responses
1. obey your instincts-walk away- plenty more out there
2. If its cheap there's something wrong with it
3. do your homework and get the car professionally assessed.
4. bit late now

Nothing personal to the OP but its a scenario that is all too familiar!

 

[Fady]

Don't sound like any sort of 'con' to me. Is a used car and as said it is not going to be perfect. You needed to do you homework prior to the purchase For example, whatever wheels the car has (and tyre sizes aside mentioned earlier in the thread) the design of 19" and 20" wheels is likely to be totally different so some sort of research before hand would have made this apparent. Most of what you have mentioned is down to wear and tear - even the brake pads - when buying any used car you might expect to have to sort a few issues out and, once sold, the garage is not going to care! Obviously if there is any major issue they will be obligated to resolve those for you, but on the bright side - I bet there is a lot right with the car

 

[oldguy57]

MB dealers sell some really nice used cars, but to rely on the "Approved" bit, as so many do, is a recipe for being very disappointed. Treat these used cars as you would any on a used car lot. Research, check obvious things like cocked together damage, brakes and tyres, none working features, and make sure you get a drive. Don't necessarily rely on the "it'll all be sorted when you pick it up" tactic. Thousands of used MB's out there so need to buy a less than very good one.

 

[John]

I would personally start with email communication with the dealer.

-They informed me the alloys were 20" but are in fact 19". I did not know until a friend told me.
Did you keep any details and can you prove this from the advert or pictures or anything in writing? If not, I think you may be scuppered.
-I have found a few more chips and shoddy paint jobs on the car. They are small chips.
Take pictures of the damage and advise them of what you hadn't seen prior and you are not happy with this. I agree with the above in that you should treat MB AUC the same as any other but you could also argue you bought an "approved used car" and as such you shouldn't need to inspect the car to the same level of detail as some backstreet trader.
-The driver seat slides very slowly.
Raise this with them although probably they sold it knowingly hoping this would come back as a warranty issue which MB UK pay for. If they won't resolve and / or direct you to do it under warranty, escalate if you are not happy or just do that.
-The boot lid as mentioned.
Sounds like they did what I'm assuming they did with the seat sliding slowly above. Or they didn't bother to check it. I always assume the 58,000,000 point check is a tick-box exercise and they do nothing of the sort. Probably there are some exceptions.
-A noise when turning near the axle.
Raise this with them although as above, if they direct you to a warranty issue, escalate if you are not happy or proceed that way again.
-Most dangerously, I have realised the break pads are worn out. Sensor has not shown anything but I can see there is no rear break pads left. It explains why the car has had spongy breaks and squeaks.
Raise this with them. Worn brakes are not quick to wear out but be sure the pad and disc thickness are below their approved used car level. I don't know what these are but the tyres, for example, should be above 3mm.

 

[megane]

You need to work out what you’re happy accepting. Returning the car can be your target or just part of the bargaining.

Stone chips and cosmetics are things to negotiate when you are buying, you are stuck with that.

They should sort the breaks and noises and probably that seat. Boot lid ought to be aligned.

Did they ever come on 20s? What do you want them to do, money off?

At the time they had the 19" 5 spoke alloys. I didn't know the size. I wanted the bespoke ones you see on premium plus's but he told me these are still 20". It's only when I went home and saw on the OASIS sheet it mentioned someone had paid for the 20" bespoke alloys. This I can live with though as I doubt Mercedes pulled them off and swapped it. Was probably from the old owner before returning it

 

[megane]

As per clk320x post above.

Firstly, when did you buy it? Under the Mercedes Approved scheme, you have 30 days to reject the car (though not for a refund, i.e. you will need to buy another Approved Used car).

Then, write to the dealer explaining all the issues, and escalate if from there if need be. Trading Standard, small claims, etc. Hopefully your letter will work and the rest won't be requires. You might even be able to reject the car altogether (depending on how serious the faults are).

It was purchased last Friday, so 9 days ago. I'll be sure to write an email to the manager now and follow it up tomorrow

 

[megane]

Why were you “desperate” to buy a used car? That is the scenario where many defects are missed. Sounds like your due diligence was affected. The seat movement is the only issue that the dealer may attend to. The brakes are another, but as they are wear items maybe less so.
The salesman will be charged by the service department at normal rates for any work he agrees so will not want to see his margin reduced on the car.

Wheel size could have been confirmed by a look at the tyres.

I don’t think Mercedes conned you.

I was about to buy from a different seller. But Mercedes rang me and said this just came in, it had not even been listed online. I went and saw it, and it was everything I wanted. I got a decent deal thinking at the time. Was waiting for the right car for ages. It was 6pm closing time almost and I needed to drive one home that day 4 hours journey so we wrapped it up quick. I did't think this many issues would come out furthermore, other friends didn't face these issues and those who did got it sorted by Mercedes quickly and for free.
I still strongly feel, due to the timing, this car was not fully inspected under the used and approved checklist.

 

[megane]

Did you make it clear that the sale was conditional upon the stone chips and boot lid misalignment being rectified? By the comment "said there wasn't much that can be done about the chips" I suspect you may think you had but that the salesman you dealt with had rejected your request. I also don't understand the statement, "Mercedes offered me some further discount to get the boot lid fixed under the warranty". Either they agreed to fix the boot lid alignment prior to collection or they didn't. What has further discount got to do with it?Hmmm. Not the best bargaining position, I'm afraid - as you have now learned.I don't wish to appear rude, but it sounds like you're quite inexperienced as far as cars are concerned. For example the wheel size is easily determined by simply looking at the tyre dimensions - it takes no special skill or ability.

Bearing this in mind, my suggestion would be to pay for an independent inspection of the car (both the AA and the RAC offer these for not a great deal of money) and take it from there. If the inspection reveals significant faults then the law is on your side and you will have good evidence with which to challenge the selling dealer, but move quickly as the longer you leave it the more difficult rejection becomes. Remember though that a five year old used car will not be perfect and that (for example) minor stone chips are not a valid reason for rejection on their own.

They offered £150 good will after me asking for it as I would drive it off like this, then have the hassle of making an appointment at a local dealer to get it repaired etc. Also, the fact they do not need to fix it and then deliver it a few days later. Yes lesson learnt, was not worth the rush. Yh I took his word thinking the sizes were both 20" just different styles. It's a 2 and a half year old car, registered around April 2017.

 

[megane]

Don't sound like any sort of 'con' to me. Is a used car and as said it is not going to be perfect. You needed to do you homework prior to the purchase For example, whatever wheels the car has (and tyre sizes aside mentioned earlier in the thread) the design of 19" and 20" wheels is likely to be totally different so some sort of research before hand would have made this apparent. Most of what you have mentioned is down to wear and tear - even the brake pads - when buying any used car you might expect to have to sort a few issues out and, once sold, the garage is not going to care! Obviously if there is any major issue they will be obligated to resolve those for you, but on the bright side - I bet there is a lot right with the car

haha, I love the car. Annoyed that I trusted Mercedes to have found these faults or help me repair them. As I said, I can live with the bootlid for me to repair under warranty, also the chips ok. But now worn break pads!? Me thinking the breaks are spongy from factory now makes perfect sense. A clear safety issue that should have been picked up in the inspection.

To sum up: it's the things that are adding up and they refusing to help me which has got to me especially compared to other Merc dealers who went beyond to help my friends!

 

[megane]

I would personally start with email communication with the dealer.

-They informed me the alloys were 20" but are in fact 19". I did not know until a friend told me.
Did you keep any details and can you prove this from the advert or pictures or anything in writing? If not, I think you may be scuppered.
-I have found a few more chips and shoddy paint jobs on the car. They are small chips.
Take pictures of the damage and advise them of what you hadn't seen prior and you are not happy with this. I agree with the above in that you should treat MB AUC the same as any other but you could also argue you bought an "approved used car" and as such you shouldn't need to inspect the car to the same level of detail as some backstreet trader.
-The driver seat slides very slowly.
Raise this with them although probably they sold it knowingly hoping this would come back as a warranty issue which MB UK pay for. If they won't resolve and / or direct you to do it under warranty, escalate if you are not happy or just do that.
-The boot lid as mentioned.
Sounds like they did what I'm assuming they did with the seat sliding slowly above. Or they didn't bother to check it. I always assume the 58,000,000 point check is a tick-box exercise and they do nothing of the sort. Probably there are some exceptions.
-A noise when turning near the axle.
Raise this with them although as above, if they direct you to a warranty issue, escalate if you are not happy or proceed that way again.
-Most dangerously, I have realised the break pads are worn out. Sensor has not shown anything but I can see there is no rear break pads left. It explains why the car has had spongy breaks and squeaks.
Raise this with them. Worn brakes are not quick to wear out but be sure the pad and disc thickness are below their approved used car level. I don't know what these are but the tyres, for example, should be above 3mm.

Thanks, i'll include this in my email to start with. All the issues apart from alloy one all points to simple checks which were not carried out on the car. Half of it ok will be repaired under warranty. But a misaligning boot lid which does not go into perfect place, was a massive hint: NOT INSPECTED. It is so obvious. Now i'm the one finding more faults as days past.

 

[megane]

Thank you ever so much for your replies! I didn't think i'd get this much help!

So i'll write to manager and take it from there. All I will ask for is for the breaks to be looked at and another full inspection carried out. The rest I will have to digest till the warranty repair appointment next week (16 days after purchase date).

Alloys I can live with I guess but still add it to the list.

 

[markjay]

You'll need to make a distinction between faults that can be fixed under warranty at any MB dealer, and issues that need to be fixed by the specific dealer from whom you bought the car.

The misaligned boot lit, for example. If it is deemed to be a factory build issue, then you can claim a warranty repair at any MB dealer.

But if it is because of poor previous repair, then neither the 3 years new car warranty nor the Approved Used warranty will cover this, instead you will need to raise it directly with the dealer you bought it from.

Same goes for the worn brake pads, it's not a warranty issue, instead it's a commercial issue for you to resolve directly with the seller.

I am just saying this in order to keep your expectations realistic as to what your local MB dealer is likely to be willing to fix under warranty.

And depending on how helpful or unhelpful the selling dealer proves to be, remember that you always have the option of replacing the car with another within 30 days, no-questions-asked.

 

[ChrisCLS55]

When I bought the (used) E63 from Mercedes Glasgow, I had to wait a few extra days because they were getting out any imperfections, I literally picked up a showroom condition car inside and out, they even gave me a write up of what they did, mainly refurb wheels, a new tire, scratches on the front bumper spoiler polished out etc and of course treatment of the leather etc.