Mis-Sold a Car, What can i do?

[einriba]

Hi all,

Looking for a bit of advice. I bought a Mercedes C Class on the 31 August from a dealer. It came with a 3 month warranty.
In the welcome new members page i highlighted the car had a clunk noise. I took it to a mercedes specialist (on the 8th September), who looked up the car on the electronic service database. They confirmed, it only had 2 services with Mercedes in its lifetime. Once in 2015 and another in 2017. The gearbox fluids last done at 29k miles, it's now in 121k miles. It's a 2014 car. I've found 2 more receipts for services from independent garages for 2017 and 2019 - they just say "service" and look to be small amounts for engine oil changes. No sign of gearbox fluids. The dealer stated they serviced it before handing to me - I've no receipts to back this up, despite asking. The clunking appears to be coming from a wheel bearing as there's play in it. An amount that the mercedes garage said should fail an MOT. The MOT done by the dealer I bought it from came with no advisories. The MOT was done the day before I picked it up.

The car was advertised as having a "full mercedes history" (I've save the autotrader advert with this wording). When viewing the car, there were no documents in the car so I asked the dealer to confirm it was a full mercedes history, to which he said yes. On buying the car, I was given a folder with MOT history and on the top a few mercedes receipts. I naively, didn't go through them all. I flicked a couple of pages, saw the mercedes logo on the service print outs and thought it was ok. There seemed no reason not to trust him.

So, I've contacted the dealer I bought the car from about this as I need the gearbox fluids done immediately. It'll cost around £300, and I'll need the wheel bearing done as well. The response from the dealer has been quite aggressive, no apology and an insistence that the car has a full service history (note that he's no longer saying full mercedes history). I've been as polite as possible stating I'm hoping it's an administrative error and asking for further receipts, to which the response has been - "you have ell the receipts, it has a full history".

After much more of this, me pointing out the schedule in the booklet that came with the car, that mercedes themselves say it doesn't even have a full history never mind a full history, he simply replies "it has a full history".

So I've told him I'll seek further advice from trading standards to which he replied "that's fine. the car you traded in has issues, i'm awaiting a report from my mechanic and I'll come back to you and discuss how to proceed". He's suggesting I'll have to pay for repairs to the vehicle traded in! Now, when I traded in my car, i listed the issues i knew of - all electronical such as front parking sensors not working. I provided all receipts for the full service history of the car (done at main dealer or VW), he test drove the car, and i had a full major service done about 6 weeks prior with cambelt pump etc doing. The VW garage I use did not say anything about any other issues. I think he's using this as a scare tactic. As far as I'm aware, my car bears no part in his false advertisement, or warranty upon which I now need to utilise.

So, I have now sent a complaint to trading standards, but what else can / should I do? What are my rights?

I will have to pay for the gearbox and bearing myself and try to claim back. But I'm really disappointed. Had i known the history of the car, I'd have avoided it like the plague. I get I was naïve when buying, so I'll have to shoulder that.

 

[MikeInWimbledon]

"If you've bought a used car that turns out to be faulty, then you are covered by the Consumer Rights Act 2015. This means that you are entitled to a full refund if you take the car back to the dealer within 30 days of purchase if you can prove that the fault was already there when you purchased the car. However, there are strict legal definitions when it comes to describing a car with a fault, so you need to tread carefully if you are thinking of handing a car back."

Your rights when buying a used car | Auto Express

 

[optimusprime]

Small clasims court ..And let them know at the same time .

 

[Larkone]

Covered by the Consumer Rights Act 2015 - What is the Consumer Rights Act, and how does it affect my vehicle purchase?

If you bought your car after 01 October 2015, the Consumer Rights Act 2015 applies. This means that, when you buy the vehicle, it has to be of satisfactory quality, fit for purpose and as described.



Within the first 30 days, if there’s a problem that means your car doesn’t meet these standards, it develops a serious fault or you find that it isn’t what was advertised to you, you can raise this with the seller and ask for your money back. In this instance, you will be entitled to a full refund.

 

[Larkone]

As a follow up - make sure you put everything in writing (date & timed) and try and get everything in writing - difficult to prove or argue verbal agreements

 

[einriba]

"If you've bought a used car that turns out to be faulty, then you are covered by the Consumer Rights Act 2015. This means that you are entitled to a full refund if you take the car back to the dealer within 30 days of purchase if you can prove that the fault was already there when you purchased the car. However, there are strict legal definitions when it comes to describing a car with a fault, so you need to tread carefully if you are thinking of handing a car back."

Your rights when buying a used car | Auto Express

I read that earlier. The thing that worries me, is he'll give my old car back. I don't trust him. Will he do something to wreck it?

Small clasims court ..And let them know at the same time .

Yep, that's what I'm thinking. How much am I taking him to court for?
The cost of the repairs, a full service and inspection, or a % cost of the car?

Covered by the Consumer Rights Act 2015 - What is the Consumer Rights Act, and how does it affect my vehicle purchase?

If you bought your car after 01 October 2015, the Consumer Rights Act 2015 applies. This means that, when you buy the vehicle, it has to be of satisfactory quality, fit for purpose and as described.



Within the first 30 days, if there’s a problem that means your car doesn’t meet these standards, it develops a serious fault or you find that it isn’t what was advertised to you, you can raise this with the seller and ask for your money back. In this instance, you will be entitled to a full refund.

Yeah, as above. I'd be really worried about taking my old car back now. I think he's the kind of person that will tamper with it and cause an issue in a few weeks time.

 

[einriba]

As a follow up - make sure you put everything in writing (date & timed) and try and get everything in writing - difficult to prove or argue verbal agreements

Yep, all conversations have been on text. I wanted to keep a record if he refused to honour the warranty.

 

[Larkone]

If you do not reject the car the issue will be is that you will need to give the garage the opportunity to repair this. If you get it repaired they will argue you did not give them the opportunity to put things right and that could count against you in any claim. However they can also use this to drag things out and make life difficult.

 

[einriba]

If you do not reject the car the issue will be is that you will need to give the garage the opportunity to repair this. If you get it repaired they will argue you did not give them the opportunity to put things right and that could count against you in any claim. However they can also use this to drag things out and make life difficult.

I've given him the opportunity to fix it. I said i can get it done locally for £300 or return to him. He said the car was fine. He states it has a fresh MOT that he supplied, and a full service history which means the gearbox is fine.
Which is total b***sh**.

 

[Larkone]

This might be useful as it details what car traders should do to be legal

Car traders and consumer law | Business Companion

Guidance for dealerships

www.businesscompanion.info

 

[Larkone]

I would get a solicitor on the case and get them to write a letter detailing everything you want - at least that will show the garage you are not going away and will not be fobbed off.

 

[einriba]

I would get a solicitor on the case and get them to write a letter detailing everything you want - at least that will show the garage you are not going away and will not be fobbed off.

Yep, that's a good idea. I'll get in touch with citizens advice today and see if they can help.

 

[W1ghty]

Yep, that's a good idea. I'll get in touch with citizens advice today and see if they can help.

Does the dealer have lots of poor reviews by other buyers ?

 

[einriba]

Does the dealer have lots of poor reviews by other buyers ?

12 reviews, all 5 stars

 

[MikeInWimbledon]

I read that earlier. The thing that worries me, is he'll give my old car back. I don't trust him. Will he do something to wreck it?

Don't worry about it. If he's upset he'll come round to your house, burn it down and run off with your daughter.

Life's too short. Get your money back and buy another car. Don't waste nervous energy.

Dealer's won't be malevolent unless you've been malevolent to them.

 

[Bobby Dazzler]

I've given him the opportunity to fix it. I said i can get it done locally for £300 or return to him. He said the car was fine. He states it has a fresh MOT that he supplied, and a full service history which means the gearbox is fine.
Which is total b***sh**.

The dealer doesn’t sound like someone I would want to do business with based upon what you have written. Did you have any concerns before commuting to buy?

To be fair to the dealer, not changing the transmission fluids for 90k miles doesn’t mean there’s an issue with it, nor does it mean that it should have been serviced..

You should also check the service schedule for your specific car as it varies significantly. Some are “sealed for life” and there is no service in the manufacturers schedule.

Some require servicing once in the cars lifetime, and some require servicing periodically but the frequency may vary between every 3 years and every 5 years.

The reality is that “full service history” has a very loose definition these days and there are very very few cars true full manufacturer service history at any price point.

It sounds like there is some reason to belief that the car has been serviced 4-5 times in 7-8 years. I wouldn’t want that either but it’s not the worst I’ve heard either.

I think you have a strong case for the bearing, and a goodwill gesture regarding the misleading description, but I don’t think you have a strong case on transmission service.

Covering the cost of the bearing and say a 50% contribution towards the cost of the transmission service (a goodwill gesture) seems like a reasonable request to me.

If that’s not enough just reject it and take your part exchange back. You’ll have to trust that he won’t deliberately damage your old car I’m afraid.

 

[MikeInWimbledon]

Does the dealer have lots of poor reviews by other buyers ?

Reviews are worthless.

Unless you need some - I'll write you a dozen for a gallon of oil and some screnwash.

 

[MikeInWimbledon]

The reality is that “full service history” has a very loose definition these days and there are very very few cars true full manufacturer service history at any price point. It sounds like there is some reason to belief that the car has been serviced 4-5 times in 7-8 years. I wouldn’t want that either but it’s not the worst I’ve heard either.

I think you have a strong case for the bearing, and a goodwill gesture regarding the misleading description, but I don’t think you have a strong case on transmission service.

I support BD on this. You bought the car with the limited history, and "most" cars of this vintage and mileage do NOT have what enthusiasts and manufacturers would call a full service history with an ATF change at the right point. (I've bought several ten year old cars on 20-50k miles which haven't had ATF refreshed because of the cost. I just get it done as soon as I buy each car)

The only basis for challenge is for the fault on that bearing, which "ideally" makes it a case for return, or as a compromise makes a case for either getting it done, or doing a cost share.

 

[einriba]

The dealer doesn’t sound like someone I would want to do business with based upon what you have written. Did you have any concerns before commuting to buy?

To be fair to the dealer, not changing the transmission fluids for 90k miles doesn’t mean there’s an issue with it, nor does it mean that it should have been serviced..

You should also check the service schedule for your specific car as it varies significantly. Some are “sealed for life” and there is no service in the manufacturers schedule.

Some require servicing once in the cars lifetime, and some require servicing periodically but the frequency may vary between every 3 years and every 5 years.

The reality is that “full service history” has a very loose definition these days and there are very very few cars true full manufacturer service history at any price point.

It sounds like there is some reason to belief that the car has been serviced 4-5 times in 7-8 years. I wouldn’t want that either but it’s not the worst I’ve heard either.

I think you have a strong case for the bearing, and a goodwill gesture regarding the misleading description, but I don’t think you have a strong case on transmission service.

Covering the cost of the bearing and say a 50% contribution towards the cost of the transmission service (a goodwill gesture) seems like a reasonable request to me.

If that’s not enough just reject it and take your part exchange back. You’ll have to trust that he won’t deliberately damage your old car I’m afraid.

I spoke to him on the phone and he seemed really friendly. Met him for the test drive and again, seemed absolutely fine. Chatting to our kids, telling us about his kids. Seemed a really nice family man.

I think the issue is he's advertised at as a full mercedes history. That just is not true. It had 2 mercedes services, the rest (all 3) aren't. Looking at the schedule in the handbook, it's not even a full history. It's a partial history. For me, buying a car at 121k miles, there's a huge difference between a full dealer service history, and a partial service history.

The gearbox on this one should be every 40k miles. It was last done at 29k, the car is now on 121k. Loooooong overdue.

 

[DSM10000]

Stop over thinking this.

The car has faults that should be the responsibility of the dealer to rectify.

The MOT is based on the opion of a Tester, what passes with one would fail when tested by another. If you want to query the validity of the MOT complain to the DVSA.

As to the car you traded in needing repairs, this is just the dealer trying to make you go away. He is deemed to have expertise in assessing vehicles and he valued your trade in accordingly. Any faults he missed are his problem not yours.