Looking for some opinions on ML300

[gototravel]

Hi everyone, I recently bought a '12 ML300 from a small dealer in Bath. I found a couple of issues in the first month having it. Would be very grateful if you could share some thoughts.

One issue is the rear parking sensor. Long story short. Within a month, I noticed the rear sensor didn't work after having scratched the rear bumper. The garage said they would fix it, but didn't say it will be in their costs. So, I had it done at a local Fiat dealer not far from my home in Cardiff. I got back to the garage in Bath and asked if they could reimburse me the repair cost, while myself paying for the body paint repair, because the car had a problem within 30 days. They said they would repair it in their cost, but I failed to bring the car to them. So, nothing they can do. Can anybody tell me whether I can get the repair cost back from that garage at all? or it was my fault and I should just let it go

The second issue is the body paint. I noticed the front arch has some paint peeled off in a corner, about 2-3cm. Will Mercedes be responsible for the body paint repair? The car is just 5 years old and has full MB service history. It is not acceptable to such a problem at its age. Can someone share a thought on it too?

Thanks in advance.

Leo in Cardiff

 

[ernie]

In the first issue, if I read the post correctly, the damage wasn't on the car when you bought it, so the garage you bought it from rightly denies responsibility.

The second is slightly more difficult, but MB only guarantees their paintwork for 3 years and as the car is 5 years old, it may have been repaired in the past, which, unless it was a repair done by MB, they would refuse. If it is a simple 'rub down and spay-in' job, it might be worth while contacting one of the smart repairers.

Ernie

 

[Smart320]

Interestingly I recently bought an 2007 ML 320 cdi from a garage, not MB in Cardiff , after a few days discovered that the Parktronic was not working and I had a glow plug light staying on. Rang them and they took it back today and put a new sensor in the rear bumper and changed all 6 glow plugs. Result one very happy customer!

 

[gototravel]

Thanks @ernie.

Frankly, I didn't pay attention to the rear sensors when I bought the car. As the car has rear camera, I used it most time when parking.

When my local garage tried to fix the fault, initially they thought the extensive corrosive wiring to blame. After having fixed it, they found 3 out of 4 sensors didn't work. So, I think the sensors may have fault when I bought the car.

My argument is this - Even though the sensors were working when I bought the car, they developed a fault within 30 days. It's the garage's responsibility to have it fixed on their costs.

 

[gototravel]

In my case, the garage just doesn't want to take the responsibility. If I found the fault after 30 days, I wouldn't ask them to fix it on their costs. But, it has a fault within 30 days, no matter the fault was there or not when I bought it, they should fix it on their costs. Having said that, if the fault was there, and they knew it, they were not telling the truth in their ads.

 

[Smart320]

I guess that is the difference between good and poor second hand car dealers. The dealer I bought from said, about a month after I purchased the car, if you have any more problems just ring us. We have an RAC warranty, lasting 6 months, with the car but they seem to be prepared accept that if there were faults at the time of purchase or if new ones arise within a 2/3 month period then under the UK Sale of Goods Act they are liable. Mind you have not had to put them to the test yet! At the moment I would consider buying another car from them so I suppose they are doing something right.

 

[gototravel]

I agree. There are always some dealer not very honest and wouldn't take responsibility when things go wrong. My car also comes with 3 or 6 month RAC gold warranty, but they don't cover sensors.

I am thinking about claiming the money from the small claim court but don't know whether it would be useful.

 

[Smart320]

Suspect that while you might win in court you have to decide if for the amount involved it is worth the hassle and stress. Guess if it were me I would walk away and put it down to experience, but then I am not you, it's your decision

 

[ernie]

Thanks @ernie.

Frankly, I didn't pay attention to the rear sensors when I bought the car. As the car has rear camera, I used it most time when parking.

When my local garage tried to fix the fault, initially they thought the extensive corrosive wiring to blame. After having fixed it, they found 3 out of 4 sensors didn't work. So, I think the sensors may have fault when I bought the car.

My argument is this - Even though the sensors were working when I bought the car, they developed a fault within 30 days. It's the garage's responsibility to have it fixed on their costs.

Sorry, I read the original post as the sensors working before you scratched the bumper but, in fact, you really only noticed that they didn't work after that incident. Incidentally, a failed sensor gives a continuous bleep.

Like others, a reasonable garage should repair the problem at their expense but they might argue if they knew about the bumper damage. Glad you have now got it sorted out but to save more hassle, it might be better to put it down to experience and swallow the cost.

Interestingly, my Son-in-Law has just had to put a new rear harness on his Sprinter due to extensive corrosion on the rear sensor circuit.

Sorry for the misunderstanding.

Ernie

 

[Black Scorpion]

So you find a fault with the parking sensors after you scuff the bumper.
You contact the garage you bought it from who say they can fix it for you.
You fail to establish/ask if there are going to be any costs to yourself for the fix.
You then go to a local garage off your own back to have the problem fixed.

I would not expect the garage you bought it from to foot the cost from the other garage as they told you to bring it back for repair but you made the choice to get it fixed at a more local garage.
The garage has been reasonable in offering to fix the fault and has fulfilled their obligation to the 30 day warranty.
I am afraid you have no hope of getting paid for the cost of the repair.

For the body work issue I would use a SMART repair.
You may have had a slight chance with MB if you had owned the vehicle from new and had full MB history but even then it would be slight.

 

[Mercy Me]

To have any legal recourse you should have given the supplying dealer the opportunity to put right the problem which you identified, within a reasonable time scale. If they had refused you would have had recourse under The Sale of Goods Act and the right to have the repairs done elsewhere.

The most cost effective solution to repair the scratched bumper will be to utilise the services of a SMART repairer.

 

[gototravel]

I didn't check thoroughly about the cost. It seems about £25 pounds for less than £500 claim.

Suspect that while you might win in court you have to decide if for the amount involved it is worth the hassle and stress. Guess if it were me I would walk away and put it down to experience, but then I am not you, it's your decision

 

[gototravel]

No worry. when sensors have malfunction, it only sounds twice when the car is in reverse gear, if checking the warning lights, it will be two right lights each side, and then no warning sound at all. So, when you continue to reverse, since it is no warning sound, you think it is safe to reverse but it is not until you hit something.

Sorry, I read the original post as the sensors working before you scratched the bumper but, in fact, you really only noticed that they didn't work after that incident. Incidentally, a failed sensor gives a continuous bleep.

Like others, a reasonable garage should repair the problem at their expense but they might argue if they knew about the bumper damage. Glad you have now got it sorted out but to save more hassle, it might be better to put it down to experience and swallow the cost.

Interestingly, my Son-in-Law has just had to put a new rear harness on his Sprinter due to extensive corrosion on the rear sensor circuit.

Sorry for the misunderstanding.

Ernie

 

[gototravel]

In fact, I texted the garage and asked if the diagnose and repair will be free at their garage. They didn't reply. So, I assumed they will charge me for them. If I had to pay for those, plus a day wasted in their garage, I would rather than having it fixed locally.

So you find a fault with the parking sensors after you scuff the bumper.
You contact the garage you bought it from who say they can fix it for you.
You fail to establish/ask if there are going to be any costs to yourself for the fix.
You then go to a local garage off your own back to have the problem fixed.

I would not expect the garage you bought it from to foot the cost from the other garage as they told you to bring it back for repair but you made the choice to get it fixed at a more local garage.
The garage has been reasonable in offering to fix the fault and has fulfilled their obligation to the 30 day warranty.
I am afraid you have no hope of getting paid for the cost of the repair.

For the body work issue I would use a SMART repair.
You may have had a slight chance with MB if you had owned the vehicle from new and had full MB history but even then it would be slight.

 

[gototravel]

In my case, I firstly contacted the dealer, their response was that they will check it out and fix it. But if they didn't mention who will pay for the cost. When I asked them, they have no answer to it. Thus, I had it done locally.

What I asked for from the garage is the sensor repairing cost based an invoice from a Fiat dealer. It shows what they did and charged. I told the dealer from which I bought the ML that I will pay for the scratch repair myself. But, they refused my request.

To have any legal recourse you should have given the supplying dealer the opportunity to put right the problem which you identified, within a reasonable time scale. If they had refused you would have had recourse under The Sale of Goods Act and the right to have the repairs done elsewhere.

The most cost effective solution to repair the scratched bumper will be to utilise the services of a SMART repairer.

 

[brucemillar]

You have no claim here.

The selling garage has a legal obligation to repair your car at their cost. That was your claim at that point in time.

You chose (no matter what reason) to decline that repair and have it repaired at a garage of your choice. That is your choice and there s no legal obligation for the seller to refund your costs.

It is very simple ;^)

1) You buy it with warranty and standard legal sales rights.
2) You find a fault.
3) You notify the seller that you have found a fault and wish them to rectify it under (1)

If you choose to deviate from this then I am afraid you will have lost any claim rights as the seller can (correctly) claim that he was denied his rights to you and cannot be held liable for another garages work.

Anything else you introduce about what you thought or what they may have said is not relevant. The court will ask did you follow steps 1, 2, 3?

 

[Bobby Dazzler]

You chose to take it somewhere else expecting the dealer to pick up the bill, but did so without their prior say so. Why would you expect them to pay?

 

[gototravel]

I followed the 3 steps. The seller only said they will look at it, but not mentioning who will pay for the cost. I then text to the person and asked him again it. He didn't reply me. I therefore have it fixed at my local garage.

You have no claim here.

The selling garage has a legal obligation to repair your car at their cost. That was your claim at that point in time.

You chose (no matter what reason) to decline that repair and have it repaired at a garage of your choice. That is your choice and there s no legal obligation for the seller to refund your costs.

It is very simple ;^)

1) You buy it with warranty and standard legal sales rights.
2) You find a fault.
3) You notify the seller that you have found a fault and wish them to rectify it under (1)

If you choose to deviate from this then I am afraid you will have lost any claim rights as the seller can (correctly) claim that he was denied his rights to you and cannot be held liable for another garages work.

Anything else you introduce about what you thought or what they may have said is not relevant. The court will ask did you follow steps 1, 2, 3?

 

[gototravel]

I think it is different. If the dealer said they will pay for the bill when I firstly contacted them, or replied to my another attempt - trying to clarify who pays for the bill, I would have taken the car to his place and have the problem checked out and fixed there. Frankly, they denies it was their fault, but blaming me damaged the bumper, as a result damaged the sensor. Would you believe such a dealer will pay for the bills?

You chose to take it somewhere else expecting the dealer to pick up the bill, but did so without their prior say so. Why would you expect them to pay?

 

[gototravel]

This are more details dealing with this dealer in Bath.

The dealer agreed to look at the problem when I firstly found out the sensors weren't working. Neither he or I mentioned who will pay for the cost. But they couldn't book me in sooner, I had a local garage checked the fault first. They took off the bummer and found extensive corrosion on the sensor's wiring and plug. They thought that's the cause. At that point, I asked the dealer in Bath whether RAC warranty (comes with the sales) would cover it. They asked me to contact the garage (which I took the car to) to find it out. At the end, I was told by RAC that the warranty doesn't cover wiring. After knowing not possible to have the warranty paid for the bill, I contacted the dealer again by a text, asking whether it will be free to fix it at their place. I never got a reply on that. So, I had my local garage fixed the problem for me. And, after having repaired the wiring, 3 sensors were still not working. They had to replaced them.

When I contacted the dealer in Bath again and asked them if they could reimburse me, they said they would fix the problem at their costs if I had taken the car to them. They said it is my fault not done that, therefore won't pay for the repair done by the third party.

Frankly, an honest and reputable dealer would have asked me to take the car back to them and told me they will fix it at their costs, because the car developed a fault within 30 days. From the beginning, this dealer was trying to deny their responsibility and avoided to ask me about who will pay for the cost. In fact, it is not huge amount, just £454 (diagnose and repair labour - £130, 3 sensors from MB - £249, plus VAT). If I let it go, they may treat other people the same again.