Looking for a little advice.

[ukai]

Hi, my first post - so please be gentle.

I am looking for a bit of advice, I bought a lovely c300 online from a mercedes franchise dealership - I had the car delivered, it came in the rush hour and the transporter was blocking the road when my neighbours were trying to leave for work.
So I had a quick look around the car and it looked fine, the car was running, I signed and parked it on my drive, went inside to have a shower and then went to take for a spin about 30 mins later.
When I unlocked it and started the engine, a message flashed up on the screen that the car had been in a collision (12 mins before I took possesion of it) and to check for damage.
I found a crack on the bumper just below the light, I had some things to do and this is now the only car I am insured on, as I got it all sorted for when it was delivered. so took the car out.
I appreciate it's a used car (2019) and that some minor paintwork issues are to be expected (although not advertised) - a small crack in the bumper isn't the end of the world.
I thought the collison message was probably when it was taken off the transporter and just reegistered as it was lowered or whatever it does.

I messaged the dealership, who asked me to take a picture of the damage and after looking at the car in proper light I notice that there are two creases in the bumper near the crack and there is a bump and some paint missing under the wheel arch.
When pressing on the bumper to the side of where the crack is, it makes a noise and the bonet and light move slightly.

I took a picture of the crack and the warning message when I saw them (which is time stamped on my phone).

The dealer called me back today and said they aren't ignoring me, they will contact the delivery company and that I will get a call back today or tomorrow.
On the online order form the mileage says 30100 but the car had actually done 31504 in the advert (I screen shotted all the pictures from the advert to show my friend what I was buying, the day I bought it, (again time stamped on the computer).

My concern is I have done around 200 miles in the car but if you look at the order form it will look like I have done 1700 miles, does anyone have any experience with an issue like this? (The mileage was left blank on the transporter receipt I signed).
Are they going to say well you should have noticed it when you signed for it, I am really worried with all the sensors and tech that are in these bumpers, I am going to be lumbered with a massive bill to put it right.

 

[markjay]

Welcome.

It's obviously a question of whether the transporter will accept liability, in which case it's plain sailing and the transport's insurance policy will cover the full cost of repairing the damage.

However:

a. Your legal contract is with the selling dealer, not with the transporter. The transporter was appointed by the dealer, and it's their problem to sort out. Of course, if the transporter plays ball, then everyone is happy. But I suggest that you mitigate the potential issue of the transporter not accepting liability, by letting the dealer know ASAP that you are being reasonable and you're happy to give then the time they need to carry out their checks, but ultimately you consider the dealership responsible for the damage, however occurred, because it happened before you took delivery of the car. Do not let them talk you into a corner by saying that's it's down to what the transporter says - instead, make it clear from the outset that you expect them to arrange for the car to be repaired at no cost to you, and regardless of who picks up the bill, the dealer or the transporter.

b. The obvious issue is if the dealer claims that the damage was caused after you took delivery of the car. Make sure you have proof that it happened 12 minutes before you signed. The timing is important - what the transporter says is important to the dealer, but not to you.

Good luck.

 

[ukai]

Thank you for the reply, I have the document I signed at 8.20, a photo of the collision message that says 8.08 and a photo of the crack both taken at 8.50. I am hoping that will suffice.
I will post any developments here.

Many thanks again for the reply

 

[ukai]

The used car sales manager from Chelmsford Mercedes Benz just called me.
He said the transporter company picked it up and noted no damage, when they delivered it to me they noted no damage and neither did I.
He's more or less trying to say I am liable, but he wants to speak to the general manager (who isn't in today) and call me back tomorrow.
Bearing in mind I have a time stamped photo of the car infotainment system saying it was in a collision before it was delivered, the timestamped photos of the damage, I don't think this is acceptable. the damage on the car is hardly noticeable to the eye, it's when you look closely you see the crack on the bumper and when you apply a small amount of pressure to near where the damage is, the light and bonnet move. - I didn't notice the dent and missing paint on the middle underside of the wheel arch until yesterday. - I couldn't reasonably be expected to be checking whether the headlight has movement, dents in the underside of the cars wheelarches etc. while in the middle of the road with a transporter blocking all my neighbours from leaving for work.
It's so disappointing, I bought this car at over my budget, so I could buy from a proper merc dealership to avoid having all these issues often associated with used car dealerships. more fool me.
I have put my concerns to them in writing
I guess I will need to take legal advice.

 

[st13phil]

I have put my concerns to them in writing
I guess I will need to take legal advice.

It's good that you've documented your concerns, and the chances are that things will turn out ok, so try not to stress out about it too much, and also to remain calm. You're the one who's been wronged in all this, so stick to the facts and remain polite in your dealings with the supplying dealer.

By all means take legal advice, but I would avoid threatening the dealer with going legal at this stage as they will clam up and it will make getting a resolution more difficult rather than easier.

Good luck and keep us informed about how you get on.

 

[E55BOF]

The car has damage. If your evidence stands up, it is irrelevant whether the vendor or the transportation company noticed, or admits to having noticed, any damage.

Your evidence is a photograph that shows the car had suffered some sort of impact just before you signed for it. It is not unreasonable to suppose that most likely the damage occurred while the car was being offloaded, and the driver was either unaware of, or kept quiet about, that damage, and that the dealer is acting in good faith. The alternative is that both the dealership, and the transportation company, failed to notice the damage at any time.

If the damage was scarcely noticeable, it is not unreasonable to suppose that you failed to spot it on initial inspection, but it would be unlikely that both the dealership and the driver failed to notice it at any point.

Unless the time-stamping of the photograph could have been falsified, either the dealer or their agent, the transportation company, is liable to pay for the repairs, because the impact occurred before you signed as accepting the car. If it comes to a dispute, it will be for the other side to establish that that time-stamping could have been falsified, and therefore that you could have done the damage yourself. It doesn't sound likely that they could establish any such thing.

You don't need legal advice just yet. Keep us advised.

 

[ukai]

I was a bit of an **** on the phone if I am honest, I had to call him back and apologise.
He has been very nice and will contact me tomorrow.
I don't know what came over me, I turned in to a Karen by accident.

 

[ukai]

I am not an expert in these things but it was done on my phone and i think it syncs with the cloud so presumably it will have uploaded there when I took it as well as having the orginal. ( I thought I had made this a quote, but it was in reply to timestamping)

 

[Smiley]

The only way to buy a 5 yr old car is to go and look at it before you buy it.
If you bought "at distance" then you have 14 days to return it without having to say why; in your case invoke the return on the basis that it was delivered damaged.

 

[E55BOF]

It's too late for that; if the vendor denied any liability for the damage, their position would be that they would not accept the return of the car because it was delivered undamaged.

 

[pmcgsmurf]

I think the biggest mistake here is having driven the car 200 miles!

If it's damaged then tell the seller and leave it there until they respond.

 

[ukai]

I had a call from the Sales Manager on Wednesday.
He said they will collect the car and supply me with a loan car while it's fixed, although he's off until Tuesday and the guy he said would sort it out while he is off, is saying he know's nothing about it, when I called today.
So I guess I wait until Tuesday to find out more.

 

[st13phil]

Stick with it. If the Sales Manager says it’ll be fixed, it will be.

 

[ukai]

Stick with it. If the Sales Manager says it’ll be fixed, it will be.

Thanks mate, I will do - He was very professional and I came away very positive.

 

[Smiley]

I had a call from the Sales Manager on Wednesday.
He said they will collect the car and supply me with a loan car while it's fixed, although he's off until Tuesday and the guy he said would sort it out while he is off, is saying he know's nothing about it, when I called today.
So I guess I wait until Tuesday to find out more.

I would suggest getting everything confirmed in writing; and keeping your own written record of dates and times of phone calls and who said what.
After 4 or 5 phone calls and nothing in writing it is very easy to fabricate "misunderstandings" and if a few weeks have passed your position becomes much weaker.

 

[MSG2004]

A bit of reassurance
My first and second MB's years ago - both bought online/phone.
Both cars just shy of one year old
Both cars were supposed to be mint
Both cars had the thousands (lol) of checks they are supposed to do.
Both came with their little problems.
Both times the dealers sorted everything out at my local MB. (both cars were bought from dealers over
a hundred miles away.
My first brand new MB/GLE - ordered over the phone from a dealer 150 miles away.
We had a quick look around and noted wax/polish left on seat, fixed it there and then
We drove back home same day, really pleased and proud.
Car was parked on our drive and we had not left the car unattended since buying from MB
I noted a ding on the driver's car door about 6 inches up from the door sill
as I looked at the car from the back. I was difficult to spot
and you could only see it if you knew it was there or stood at a certain angle and looking at the brand-new, gleaming
black car. I rang them. They asked for picks. The same day they told me to take it to local MB
or get a decent ding man. Took to MB - they sorted it out the same day as I waited

What I'm saying is - and the reason I've always bought all of my car from main dealers (inc ford and audio) is
they have a very good customer service re stuff like this.

Confirm the phone call and what was agreed via email and the name of the person/s you speak to, just in case.

I hope its sorted soon