Mercedes Issue - what would you do?

[MeanRedSpider]

I’ve posted quite extensively about the story of the fault with my 2019 E400d All-Terrain.

For those that haven’t seen this, since I bought the car as Approved Used in 2022 from Mercedes-Benz of Edinburgh, it has had a fault which ranges from juddering gear change to engine warning lights. They’ve spent 6 months with the car and fitted a factory modification. The cause seems to be that the plastic turbo pipe runs too close to the DPF, melts and collapses. After all of this time, the original symptoms still exist.

2 months ago I rejected the car. The dealership is effectively telling me that they can’t afford to give me my money back (with a fair mileage deduction) and they are negotiating with MBUK for a contribution given that this is a design fault. I’ve pushed MBUK too (as a 20-year MB customer) but their position is that it’s just the retailer’s issue.

I’ve contacted Citizen’s Advice (2-week waiting list) to get to Trading Standards. I’ve contacted The Motor Ombudsman but they are saying there’s typically a 6-month wait for them to start to investigate. A friend has proposed I contact the press which I’ve warned the dealer and MBUK I’m planning to do this week (it has jolted a little more focus).

Does anybody have any other ideas? I can go legal but this always only seems to make lawyers richer and takes forever.

Thanks

 

[ALFAitalia]

Nothing to do with the manufacturer....100% the dealers responsibility. If they cant afford it thats their problem....not yours. Your contract is with them ....not MB. Drop it back.....demand payment.

 

[st13phil]

If they cant afford it thats their problem....not yours. Your contract is with them ....not MB. Drop it back.....demand payment.

Harsh but fair.

While I have a degree of sympathy with the retailer, your remedy for faulty goods in the UK is always with the company that sold you them, not the manufacturer.

 

[Steveml63]

Hi,
You need to take dealer to small claims court. That way, once you win your case you can engage High Court Enforcement officers to collect the amount owing - if the dealer ignores the court.
From the trouble you are having - it seems court will be the only way to get this resolved.
Cheers
Steve

 

[ALFAitalia]

I'm on the receiving end of this stuff....my customers know their rights more than ever before. Many come in spouting their rights before we even knew that they had a problem!!! That's not the way to get stuff sorted and we have a good rep for looking after ours and going above and beyond.....but if dealers try to mess you around, having given them a chance, you sometimes, unfortunately, have to get a bit "firmer"!

 

[st13phil]

You need to take dealer to small claims court.

There is a £10k limit on the value of Small Claims Court actions (the clue is in the name ) so unfortunately that's not the route to take for something high-value.

On the face of it, the OP seems to have strong grounds for a settlement in his favour but it would be easier (and less costly for everyone) to reach an accommodation with the dealer.

Personally, I'd be minded to give it one last shot with the Dealer Principal and be very clear that if an amicable settlement is not reached within a defined period - say 28 days - then the OP will have no alternative but to take legal action for recovery.

One last thought: If the OP used a credit card to pay any of the cost of the car, even just a deposit, they may wish to explore a S75 claim against the card provider but only if the car cost less than £30k when they bought it (perhaps unlikely bearing in mind the model).