Mercedes Approved Used issues

[Pampos]

Hello guys,


I am a customer of Mercedes Approved Used in Cyprus. I had bought an approved car and had it exported directly to Cyprus. The car was receive by me in a very poor condition both internally and externally, damages and scratches in many parts and rusting as well.
Furthermore the car was delivered with 2 mechanical issues. The coolant pump is leaking water (!) and needs to be replaces and also there is a strange noise coming off the engine which requires a lot of cost to be investigated and fixed. Do you think this is normal?
The seller is hiding behind the fact I am not a UK resident, however as far as I know I haven't paid anything less than the the cost of the vehicle. Can someone help and explain if this is a normal situation and if there is something i could do or demand?

 

[Deleted member 6183]

Hello guys,


I am a customer of Mercedes Approved Used in Cyprus. I had bought an approved car and had it exported directly to Cyprus. The car was receive by me in a very poor condition both internally and externally, damages and scratches in many parts and rusting as well.
Furthermore the car was delivered with 2 mechanical issues. The coolant pump is leaking water (!) and needs to be replaces and also there is a strange noise coming off the engine which requires a lot of cost to be investigated and fixed. Do you think this is normal?
The seller is hiding behind the fact I am not a UK resident, however as far as I know I haven't paid anything less than the the cost of the vehicle. Can someone help and explain if this is a normal situation and if there is something i could do or demand?

Have you had a good look at the AUC warranty T&Cs?

 

[Pampos]

No what exactly is this?

 

[Deleted member 6183]

No what exactly is this?

Sorry too many acronyms.

There is a PDF version of the approved used warranty terms and conditions available online which will document Mercedes' stance on your situation. You will find it via Google no doubt.

 

[Pampos]

Look. I accepted the fact that they cannot cover warranty as I am located in Cyprus but, but this is not something that should be covered by warranty but should be fixed before delivery! Otherwise what is a manufacturer - approved???

 

[Doodle]

Therein lies the problem, who did they deliver it to? Did they organise export, or did you?

 

[Pampos]

They delivered it to a warehouse outside Southampton port, and I got the car from the port in Cyprus myself.

 

[Doodle]

Assuming that means that you organised the export, then unfortunately much of their liabilities ended the moment they delivered it to the port and signed it over to the shipping agent.

They can legitimately argue that the problems were caused by the agent, especially in the absence of suitable handover documents.

 

[Pampos]

If we are talking about exterior damage then I can understand that. However we are talking about a leaking water pump and a noise inside the engine... How on earth can something like that happen on the ship?? If we are to be reasonable then we all agree that those 2 issues were existing from before and the car was delivered like this... How can I escalate this matter or request any kind of refund so I can fix those issues?
But yet the question is: Is it justified for a Mercedes approved car to has those problems?

 

[clk320x]

Is it justified for a Mercedes approved car to has those problems?

No

 

[whitenemesis]

But yet the question is: Is it justified for a Mercedes approved car to has those problems?

It's a sad fact the many dealers will leave problems uncorrected in their used cars, hoping the buyer will not notice/care. Only fixing them should the buyer request it.
I'm guessing you purchased sight unseen?

 

[Pampos]

Yes I had bought it remotely, trusted the manufacturer approved 'banner'. However I want to escalate this matter. It just doesnt sound right to me.

 

[st13phil]

I suspect the scenario you describe is outwith the experience of anyone on this forum in terms of getting a remedy.

As the selling dealer seems unwilling to resolve the matter to your satisfaction, all I can suggest is that you contact a Consumer Advice organisation who has knowledge of both EU and UK law.

 

[Pampos]

Can I have any documents regarding the delivery condition of the car of Mercedes-Approved? How can i contact this organisation?

 

[whitenemesis]

I'm sure any document from the dealer will show the car passed all the checks required of an MB Approved Used car...

 

[Pampos]

So you are suggesting me to raise no complain? Any idea how can I contact a member of the Mercedes UK company to share my issues?

 

[GeeJayW]

Good luck getting anything out of MBUK. Not saying you shouldn't try, just that I would expect them to wriggle out of providing any warranty support outside of the UK. I hope I'm wrong.

 

[Doodle]

Is it justified? No.

But it comes down to what you can prove. As stated above, doubtless MB will be able to produce documentation to say the car met the necessary standards at the time they signed it over to the shipping agent, and it's down to you to prove otherwise. Given the gap between their possession of the car ending and yours beginning, that is going to be rather difficult.

The other issue would be the terms and conditions of the AUC warranty. It may not cover repair in Cyprus, which means your only recourse within the bounds of the warranty would be to return the car to the UK for them to inspect and repair.

 

[st13phil]

I think you're labouring under a misapprehension that somehow Mercedes-Benz have direct responsibility for your issues. They don't.

Under UK law, your contract is with the dealer from who you purchased the car. It is they who are responsible for executing the contract - in other words, supplying you a car of suitable quality, bearing in mind that it is a used car. If you, and the car, were in the UK then you could definitely enforce your rights against the selling dealer or, more likely you would simply take the car back to them and they would fix it under the warranty with no cost to you.

However, you have exported the car. I (and I suspect this will be the same for everyone else on this forum) have no knowledge about how you might enforce the rights you would have had under UK consumer law remotely, from Cyprus, if indeed those rights didn't evaporate the moment you exported the car.

The most Mercedes-Benz may do is to "lean" on the dealer to pay to have the car fixed in Cyprus, but they have no responsibility.

Which comes back to my previous comment that you need to take advice from someone who has knowledge of both EU and UK law.

 

[markjay]

1. Firstly, just to say that you have my deepest sympathy. You bought an Approved Used car 'blindly' from an MB dealer in the UK, rightly assuming it will be in perfect condition, only to discover what many here already know, i.e. that more often than not MB Approved Used cars are delivered in poor condition in UK.

2. I think that if they delivered the car to you (or to your agent) in the UK, then they can legally insist that the car is presented back to them in the UK for inspection (and remedial action if appropriate).

3. In spite of the above, there may be a remedy in law for you. If you specifically told them that the car will be exported to Cyprus, then you may have a case under UK consumer protection laws, because if you tell the seller what how you intend to use the product then they become liable if the product is 'not fit for purpose'. But this might mean bringing a law suit against the dealer in the UK.

4. A more parctical solution might be if you paid for an inspection and formal report by an MB dealer in Cyprus, detailing all the faults you mentioned. Then contact the selling dealer in the UK with the report, and see if you can get them to meet you half-way and make a goodwill gesture (i.e. financial contribution) that will save you the hassle of either shipping the car back to the UK or suing them through the courts.

5. As a last resort you could try sending an email to the CEO of MB UK, possibly followed by a social media campaign (publishing both the Cyprus dealer report and the email to the CEO). I am not a fan of social media campaigns and Daily Mail articles, but if you feel you have exhausted all other avenues then this might be a viabld option.