Help - I think I've been had...

[meales]

HELP – I bought my W210 Merc E220 CDI Elegance T-model (02 model) on 1 May 07 from a non-merc garage in Peterborough. I knocked him down £700 and recall him mutter that it was ‘sold as seen’ with 1 months engine and gearbox cover, but nothing like that was written on the receipt. The car had 88K on the clock…supposedly. Since then:

• After 3 hours – RAC said battery needed replacing – cost (£100 at Merc)
• After 1 week – bulb warning shows regularly
• After 2 weeks – glow plug warning lights stays on dash
• After 4 weeks – ABS, PAS and ESP warning came on within 1 minute of each other (hasn’t recurred since…phew!)
• After 8 weeks – Engine fan warning comes on regularly

I took it to Merc today for a diagnostic check. The bulb was replaced, the no. 2 glow plug needs replacing (£80) and the suction fan needs replacing (£290).

BIGGER SHOCK – Merc last saw that car 2 YEARS AGO when it had 136K miles on the clock so it has magically lost 50K miles and all the mileage it must have travelled in the last 2 years.

What can I do? Is the garage liable to carry out these repairs and what about the missing mileage.

Anyone ever own this car out there who could throw some light on it’s history??

What would you all do?

Thanks

 

[Dieselman]

Get trading standards involved.
The car has obviously been clocked and there is no such thing as sold as seen or trade sale to a member of the public from a trade outlet.

 

[television]

I think that if you go to the trading standards office you could get your money back.

Was there any mention of the milage being correct, you could also ask the previous owner what the milage was

 

[nick mercedes]

HELP – I bought my W210 Merc E220 CDI Elegance T-model (02 model) on 1 May 07 from a non-merc garage in Peterborough. I knocked him down £700 and recall him mutter that it was ‘sold as seen’ with 1 months engine and gearbox cover, but nothing like that was written on the receipt. The car had 88K on the clock…supposedly. Since then:

• After 3 hours – RAC said battery needed replacing – cost (£100 at Merc)
• After 1 week – bulb warning shows regularly
• After 2 weeks – glow plug warning lights stays on dash
• After 4 weeks – ABS, PAS and ESP warning came on within 1 minute of each other (hasn’t recurred since…phew!)
• After 8 weeks – Engine fan warning comes on regularly

I took it to Merc today for a diagnostic check. The bulb was replaced, the no. 2 glow plug needs replacing (£80) and the suction fan needs replacing (£290).

BIGGER SHOCK – Merc last saw that car 2 YEARS AGO when it had 136K miles on the clock so it has magically lost 50K miles and all the mileage it must have travelled in the last 2 years.

What can I do? Is the garage liable to carry out these repairs and what about the missing mileage.

Anyone ever own this car out there who could throw some light on it’s history??

What would you all do?

Thanks

If it's a proper garage you should be able to send it back due to it being clocked.

 

[Gucci]

Well since he's a dealer, the car has to be fit for purpose. I'd go back to the dealer with the evidence and insist he either takes the car back, or you are refunded good compensation in light of the dodge deal. Threaten to take the issue to Trading Standards as well as the Police. If he knew the car was clocked..he's in trouble.

Good luck

 

[television]

The trading Standards are still very hot on this sort of thing, also DVLC also like to know of these things

 

[Dieselman]

If it's a proper garage you should be able to send it back due to it being clocked.

And a sale to the public is covered by 3 months warranty minimum.

 

[robert.saunders]

Is it bad form to ask the name of the dealer, or should that be PM'd?

 

[meales]

Garage is a proper garage (I could name it...?) and I saw the advert on-line 'Auto-Trader'.

He said he was selling it for his 'friend' (a garage mechanic) - when I got the log book back, it's had 4 owners in 5 years and his 'friend' owned it for the last 2 months.

I know where this 'friend' works because he said it was a good car.

Any idea of the value of that car with 88K in comparison to the same car with (136K + 2 years mileage = poss 170K?)

What would be reasonable compensation?

Can the garage be made to repair faults, too??

 

[Dieselman]

It should be about £3k cheaper if not more.

 

[pammy]

What a nightmare. I've been done like this in the past - sadly by a private rip off merchant. Only a Ford but painful nontheless. I wish you all the very best in getting your money back and then buying a replacement Merc that you can enjoy and love.

 

[big x]

You can get a mileage adjusted Glasses trade valuation here:
http://www.virtual-showroom.co.uk/s...uxhall&laf=vauxhall&nuvvpath=b&sessionid=0url
It's so easy to "correct" the mileage these days. I've got a £100 fault code scanner for my BMW and playing around with it I see the Russian authored software can reset the mileage in the dash,gearbox and ECU and you can change the dates the corrections where made to hide the fact that you clocked it !
Unless you have a complete set of MOT's and or a full set of main dealer invoices assume all cars are clocked.
From what you've posted the trader in question knew full well the car was clocked and if confronted will give you a full refund and off load it to the next "punter" or send it to auction with a non warranted mileage.



adam

 

[meales]

Thanks Pammy and all - loving the good advice.

£3K...should I tell you what I paid first or would it be more etiquetty for someone to tell me what I should have paid for it?

 

[SG CL500]

Get trading standards involved as a start as they log all complaints as a matter of course so at the very least it will build up a body of evidence to possibly help somebody else.

You may have more practical success by using a solicitor if you know a friendly one.

A garage has to sell a car in a useable condition (unless the value is less than £2k - they can sell 'cheap' cars as seen).

There's a lot of confusion over whether/not motor traders are covered under Sale of Goods Act but they definitely are - I have used the SoG (and a couple of subsequent revisions) when making a claim before.

You bought it from a garage, with a receipt to prove it. Based on what you've said there's no way he can claim he was selling it for a friend and unless you sign a specific waiver clarifying that you paid a discounted price, therefore bought as seen, then he's knackered.

Note however, that you'll have to take him to the small claims court (local to him) and you'll have to pay your costs, which are not recoverable. With the exception of the mileage issue I would have thought such an action wouldn't be economically worthwhile.

Did you pay by credit or debit card?

 

[Dieselman]

Thanks Pammy and all - loving the good advice.

£3K...should I tell you what I paid first or would it be more etiquetty for someone to tell me what I should have paid for it?

We like games here.

so assuming it's an auto....

Mercedes E Class (1995-02)
E220 5Dr Estate 2.2 CDi Elegance Auto (2002/52) More On This Car
Specifications
Review
Summary


Average Mileage: 50,000
Price New: £30,565
Insurance Group: 14 Other Cars in Insurance Group

Car valuation adjusted for 86,000 miles
Retail: £8,724

Private Good: £7,794
Private Average: £7,074
Private Poor: £6,164
Part Exchange: £7,434
Trade: £7,251


At 136K miles

Mercedes E Class (1995-02)
E220 5Dr Estate 2.2 CDi Elegance Auto (2002/52) More On This Car
Specifications
Review
Summary


Average Mileage: 50,000
Price New: £30,565
Insurance Group: 14 Other Cars in Insurance Group


These valuations are based on thousands of used car prices. WiseBuyer's pricing experts research valuations at dealers, auctions and private sales.


Car valuation adjusted for 136,000 miles
Retail: £7,749
Private Good: £6,819
Private Average: £6,099
Private Poor: £5,189
Part Exchange: £6,459
Trade: £6,276


And at 186k.. Doesn't seem right to me. Maybe the calculator doesn't work at the mileage.


Mercedes E Class (1995-02)
E220 5Dr Estate 2.2 CDi Elegance Auto (2002/52) More On This Car
Specifications
Review
Summary


Average Mileage: 50,000
Price New: £30,565
Insurance Group: 14 Other Cars in Insurance Group


These valuations are based on thousands of used car prices. WiseBuyer's pricing experts research valuations at dealers, auctions and private sales.


Car valuation adjusted for 186,000 miles
Retail: £7,675
Private Good: £6,745
Private Average: £6,025
Private Poor: £5,115
Part Exchange: £6,385
Trade: £6,202

 

[meales]

with no service history, supposedly with 88K miles and from a garage = £6800 - looks I have paid over the odds.

So if it had 170K, is £4800 more like it. Would he have to repair the fan etc?

 

[KLP 92]

with no service history, supposedly with 88K miles and from a garage = £6800 - looks I have paid over the odds.

So if it had 170K, is £4800 more like it. Would he have to repair the fan etc?

You could have bought a E320 CDI with genuine miles with good spec for that money.

Take it back to the garage and kick off. They have a legal obligation to return your money.

 

[Fandango]

You could have bought a E320 CDI with genuine miles with good spec for that money.

Take it back to the garage and kick off. They have a legal obligation to return your money.

Could you? Let me know where, I'll have a couple at that price

 

[meales]

Brill - and I really was fancying a 320 CDI. I paid cash so there is no hope of using any credit card guarantees there.

I'm staring at the receipt and have just noticed that there is no garage name on it....although they would have had to pay AutoTrader to advertise it.

When I was in my 20s, confrontation was a thrill, however, in my 40s, it's just a pain!

 

[KLP 92]

Could you? Let me know where, I'll have a couple at that price

2002 E320 CDI at a Dealer in Middlesex with similar miles for £6,900 or near offers.