Is it worth contacting a lawyer....

Discussion in 'Engine' started by runju26, Oct 28, 2018.

  1. runju26

    runju26 Hardcore MB Enthusiast

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    134
    Joined:
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    Location:
    Central London
    Car:
    Mercedes CLS350
    Having some issues with my car which I have recently bought from mercedes itself 2 months ago.

    Brakes squeaking real bad.
    Engine shakes on cold start.
    Resr HK speaker blown.
    Front window regulators making noise when being operated.
    Bonnet alignment.


    Reported these issue the second day after slowly learning the car and the issues and they hooked me in a month later in one of the local service centers near me only to be told that they will charge me £173 per item listed above for investigation if not coverd under warranty!!
    After keeping the car for two days they have reported the issues above are visible and needs further investigation but warranty will not cover these and should take it back to the ourchasing dealer (1 hour away from home)

    I rebooked to take it back to the purchasing dealer but again had to wait another month but the sales manager had arranged someone to pick this up from my address dropping me a loan car.

    This time I am told that they can’t hear or see any issues so I should go down to go and point them to the technician. (like wtf!!)
    So I drove down there yesterday to point these out to the head technician which he agrees on and can now hear and see the problems I am complaining about.:)

    Now waiting to hear back from them on Monday as they will let loads with the sales team if they should carry out the work, I can only imagine what they will say as the sales manager has already told me the brakes may not be covered.

    I understand that breaks are part of wear and tear- I pointed the squeeze out when I picked up the car and was told this will disappear as it was sitting arround for sometime but It only got worse.

    I actually don’t see why I have to
    Replace this as they sold me the car with worn out break discs, confirmed by mercedes from another Centre that the pads are 60% worn (understandable) and discs are on minimum lining!

    Also, the loan car given to me has a slow air leak which was reported almost imediatly to the driver and to the service Centre- I was promised (Friday) I will get the tyre replaced when I wen I went down on Saturday to point out the issues , again to be told non in stock please come back Monday even though I told them I live in the center of London 1 hour away.

    On top of that I advise me to take back my car for now which I refused as I am on restricted mileage and don’t want to waste these by going up and down for these issues.

    I actually don’t know what to do anymore.

    Any advice will be much appreacited.

    Soz for any typos. :-/
     
  2. DSM10000

    DSM10000 MB Club Veteran

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    Firstly:
    If sold as a Mercedes Approved Used car from a main dealer then any dealer can carry out warranty work (they are often reluctant because MB do not pay them the hourly rate they can charge customers)

    Brake pads 60% worn......have 40% left, discs at minimum thickness (that is what you suggested?) should have been replaced but who measured this and do you have it in writing?

    A blown speaker should be a simple no argument issue.

    An engine shaking when cold (Petrol or Diesel?) should not happen and should be obvious as they have had the vehicle from cold for some time.

    Bonnet misalignment: Is there any history of accident damage? Regardless if misaligned it should be easy to spot and adjust.

    They have, at least, given you alternative transport so that is one thing in their favour. Do not worry about the slow puncture, fit the spare and call Mobilol, it is the dealers problem not yours.

    Be proactive if you get no suitable answers or proposed solution next week. Write to them)giving a week to address the outstanding faults or get them to propose a timeframe you find acceptable.

    How did you pay for the car? If on finance then it is not your car nor you propblem overall so let the finance company know of the problems with their property, it can often help in applying pressure.
     
    Last edited: Oct 28, 2018
    chrisk2010 likes this.
  3. markjay

    markjay MB Club Veteran

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    The issue with the MB Approved Used warranty is that it assumes that the PDI was carried-out correctly and that the fault was not present (or not evident) during the PDI.

    Under these circumstances any MB dealer will be able to resolve the issue under warranty.

    However there have been members here who complained that when the supplying dealer misses items during the PDI, other MB dealers refuse to touch the car and sent the owner back to the supplying dealer.

    Presumably this because MB won't reimburse them for the work. E.g., the misaligned bonnet is clearly not a fault that developed after the sale, etc.
     
  4. Gazwould

    Gazwould Hardcore MB Enthusiast

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    A warranty and it's conditions is a smoke screen for a dealers true obligations regarding the Consumers Rights Act of 2015 .
     
  5. OP
    OP
    runju26

    runju26 Hardcore MB Enthusiast

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    Joined:
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    Location:
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    Car:
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    For the brakes, this is what was reported when I took the car first back to a service center local to me.
    The car is on finance and I have contacted them awaiting a reply hopefully on Monday.

    I understand non of these is coverd under warrant but they sold the car to me me like that and the speakers were faulty from the start hence why I Reported this the second day I had it.
    The bonnet miss alignment was pointed out to the sales man and the had done something to align it but has moved back to how is was.
    It’s all down to the sales department if they wish to authorize these work as it’s not going through warranty.
     
  6. OP
    OP
    runju26

    runju26 Hardcore MB Enthusiast

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    P.s There are no history of accidant on the car or any obvious signs.
     
  7. Bobby Dazzler

    Bobby Dazzler MB Club Veteran

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    These items won’t be covered by the warranty as they were present at the point of sale. Just speak to the supplying dealer, and make it clear in a firm but polite way that they need to be resolved without any further mention of investigation charges.

    How far is the dealership from your home or place of work?
     
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  8. OP
    OP
    runju26

    runju26 Hardcore MB Enthusiast

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    I’m in central london and the dealership is in Bromley so 45mins to an hour away :-(

    I have told them to resolve this as the car was like that when I bought it but the sales manager keeps telling me on their preliminary report it shows it’s writhing it’s tolerance which I don’t see how when it was already squeeking and for the speakers I’m sure they ddnt check that.
     
  9. OP
    OP
    runju26

    runju26 Hardcore MB Enthusiast

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    I have been telling the out all this down on writing but stil they have not sent me anything!
    They are acting really strange for some reason.
     
  10. ioweddie

    ioweddie Hardcore MB Enthusiast

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    Get a big sign!!!! Sit outside the dealers door...tell everyone who comes in what a pile of S***t your car is..... and how they will not fix it...Write to the Mb Head office...Contact trading standards....Watchdog....the local press....local radio...That should wake them up LOL
     
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  11. OP
    OP
    runju26

    runju26 Hardcore MB Enthusiast

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    :)

    I think I should but it’s a bit cold out there lol
     
  12. Black Scorpion

    Black Scorpion Hardcore MB Enthusiast

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    You could always sit inside the car with the sign on the window:rolleyes:
     
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  13. ioweddie

    ioweddie Hardcore MB Enthusiast

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    You could always go inside and lock yourself inside a nice new model....put your placard out the sunroof!!
     
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  14. OP
    OP
    runju26

    runju26 Hardcore MB Enthusiast

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  15. fabes

    fabes Hardcore MB Enthusiast

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    Formally reject the car IMHO

    HJ explains how to this if you search their site (or Google it)
     
    QUTSELL likes this.
  16. OP
    OP
    runju26

    runju26 Hardcore MB Enthusiast

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    Location:
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    Can I still reject the car even though it’s been 2 months ?
     
  17. markjay

    markjay MB Club Veteran

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    From Honest John:

    'A clause in the law known as "early right to reject" specifies that any fault found within 30 days of buying a product entitles the buyer to a full refund. After that period, but within six months, the seller or manufacturer has one opportunity to replace or repair. If that fails, the customer is then entitled to a full or part-refund.'
     
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  18. ferg f

    ferg f Active Member

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    Going by your avatar, I am guessing you are having issues with a CLS350. I had the E350 coupe so its the same engine and there was no shakes on cold start up. Link this with the mis-alignment of the bonnet and alarm bells are ringing to me.

    Have you or someone who knows what they are looking at (no disrespect meant) thoroughly checked the car for accident repair. To the untrained eye it is easy to think it all looks shiney and in good conditon but in fact there could be mis-alignment issues caused by accident. The bonnet isn't correct and is the engine shaking because its mounts aren't correct!

    How old was the car?

    Just my thoughts.
     
  19. chrisk2010

    chrisk2010 Hardcore MB Enthusiast

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    Firstly give the citizens advice a call they and detail to them what's gone on they are extreamly helpful and may even act on your behalf if it comes to it.

    You may have a leg to stand on because you reported it within the first 30 days and seem to have been given the run around there after.

    This car ebing on finance means that you may be better going through the finance company which the cistenzens advice will suggest as they may have a bit more swing if it turns out you are intitled to a refund, you seem to have given them every opportunity to repair the faults but two months later you are no further along.

    I was in a similar situation and it took me over six months to be reimbursed for the repair with the last stand was me taking my matter to a small claims court which seemed to encourage them to open their cheque book.

    The finance company will play that they weren't notified within the 30 days however stick to your guns as you felt you were doing the right thing going back to the point of sale and was not aware that you could report this to them expecially if this was not mentioned to you when taking out the finance. Although they should act on your behalf they'll be looking for there own legal loop holes which is where the citezens advice will be invaluable.

    Lastly see if dealer is registered with the motor trade ombudsman if they are your may get a bit more help and most importantly keep everything in writing! Even after speaking on the phone follow up with a email to confirm the conversation.

    Your main focus is going to be proving the fault was there at the point of sale. I took mine to an indy for a full report and repair then i claimed back the repair from the garage via the finance company it was the hard way of doing things but with the car in limp mode they left me with no choice as they wouldn't supply me with a replacement.
     
  20. OP
    OP
    runju26

    runju26 Hardcore MB Enthusiast

    Messages:
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    Location:
    Central London
    Car:
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    the car is 2015, i have had a good look to see if there are other mis-alignments but nothing was else was visible.
     

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