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Mis-Sold a Car, What can i do?

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.

Yep, I totally agree with you.
I think it's also false advertisement. Full mercedes history isn't the same as a partial history.

He's not willing to fix the issues, so it gets escalated. I'll go to Citizens Advice / solicitors and take it from there.
 
In some ways it has a full history potentially. (I’m playing devils advocate here!) Everything that has been done is documented so that’s full. It may not be complete as per manufacturers recommendation but you could argue that’s different from full. I agree it’s misleading though.
But if the worst you’ve got is a loose wheel bearing and a worry about gearbox fluid changes on a car with 120,000 on it, you are not too badly off.
I’d ask to get the wheel bearing changed. The oil I’d get done myself elsewhere for peace of mind. But that’s just me
 
Hope you get a satisfactory outcome, but you should have done all the checks, and asked and seen all service documents prior to purchasing, and if they were not forthcoming or matching what was advertised, then should have walked away, rather then trusting what the dealer says, saves a lot of headaches and time.
 
Good luck with it, my daughter had a stand off with chelmsford range rover which would not fix her car, 12 weeks after with the same fault diagnosed by them for same issue, a 6 weeks stand off, she put it on social media stating the facts only, the next morning range rover got onto her and fixed it the next day!, If this is a big company you have a chance as they monitor any comments from anywhere, but this sounds like a small company, but if you start complaining about them all over social media they should get there butt in gear as its loosing them custom.
 
ok, just spoken to citizens advice. 100% he's in the wrong car is not as advertised - both in terms of the claim of servicing / maintenance, and the bearing
They've given me quotes and laws to throw at them. Good news.
 
In some ways it has a full history potentially. (I’m playing devils advocate here!) Everything that has been done is documented so that’s full. It may not be complete as per manufacturers recommendation but you could argue that’s different from full. I agree it’s misleading though.
But if the worst you’ve got is a loose wheel bearing and a worry about gearbox fluid changes on a car with 120,000 on it, you are not too badly off.
I’d ask to get the wheel bearing changed. The oil I’d get done myself elsewhere for peace of mind. But that’s just me

Yep, I think that's where I'll end up. I wouldn't take it to them for the gearbox oil. I think he'd chuck anything in there just to shut me up!
I think I'll be a bit out of pocket at the end of it, but peace of mind is a big thing.

Good luck with it, my daughter had a stand off with chelmsford range rover which would not fix her car, 12 weeks after with the same fault diagnosed by them for same issue, a 6 weeks stand off, she put it on social media stating the facts only, the next morning range rover got onto her and fixed it the next day!, If this is a big company you have a chance as they monitor any comments from anywhere, but this sounds like a small company, but if you start complaining about them all over social media they should get there butt in gear as its loosing them custom.

That's my plan. I won't do anything yet as it might jeopardise what CAB have told me. But once done and dusted, i'll be leaving an honest, factually correct review
 
As a 2014 car I assume it is a W204 , if that is the case I would strongly recommend you get the rear subframe closely inspected by someone who knows what he is looking for , NOT the local MOT guy , and in your case certainly not the guy who did the MOT the day before you picked the car up.

What is the rest of the car like ? Is it fully loaded with all the toys , gleaming rust free exterior and well appointed interior ? It might still be a keeper despite the seller being a nob.
 
As a 2014 car I assume it is a W204 , if that is the case I would strongly recommend you get the rear subframe closely inspected by someone who knows what he is looking for , NOT the local MOT guy , and in your case certainly not the guy who did the MOT the day before you picked the car up.

What is the rest of the car like ? Is it fully loaded with all the toys , gleaming rust free exterior and well appointed interior ? It might still be a keeper despite the seller being a nob.

Yes, it's the estate so S204 I've been told.
The car is lovely, really nice. No rust, no dents. A load of toys. It's fantastic.

I think it is a keeper. I just would like the mercedes garage to confirm it's not ruined or close to ruin with the neglect the engine has had.

I'll ask the local mercedes garage to look at the subframe. I assume there's issues with the S204 subframes?
 
Yes, it's the estate so S204 I've been told.
The car is lovely, really nice. No rust, no dents. A load of toys. It's fantastic.

I think it is a keeper. I just would like the mercedes garage to confirm it's not ruined or close to ruin with the neglect the engine has had.

I'll ask the local mercedes garage to look at the subframe. I assume there's issues with the S204 subframes?
Google & search on here ' W204 subframe issues' . Best to be sitting down when you do it. (W & S subframes affected)
 
Google & search on here ' W204 subframe issues' . Best to be sitting down when you do it. (W & S subframes affected)

wow. that wasn't pleasant reading!
I'll take a look at that this afternoon. It had a fresh MOT the day before i picked it up.....surely they wouldn't pass it if it was bad under there?
 
wow. that wasn't pleasant reading!
I'll take a look at that this afternoon. It had a fresh MOT the day before i picked it up.....surely they wouldn't pass it if it was bad under there?
An MoT is a relatively cheap routine safety test of the car's safety for the next twelve months.

it doesn't try to assess costs and risks for the longer term
 
Yes, it's the estate so S204 I've been told.
The car is lovely, really nice. No rust, no dents. A load of toys. It's fantastic.

I think it is a keeper. I just would like the mercedes garage to confirm it's not ruined or close to ruin with the neglect the engine has had.

I'll ask the local mercedes garage to look at the subframe. I assume there's issues with the S204 subframes?
Unfortunately the main dealer won’t be able to tell what the internals are like without stripping it down, and that will get very expensive quickly. Ultimately it may have been maintained well, you just don’t have the history.

My Dad keeps his cars years. He’s old school and maintains them himself after the warranty period ends. They get serviced twice every year even though they do no more than maybe three or four thousand miles each year.

When my Dad eventually sells his cars there will be no service history after the first three years but I would say that they’re equally well maintained as my cars which are spoiled rotten by the main dealer. I paid for the stamps he didn’t.

If you’re worried reject it. If you’re otherwise happy with the car try to reach a fair agreement on a goodwill gesture. But whatever you do, don’t drag it out as the longer you stew on it, the more frustrating it will be.
 
Without wishing to overload you with loads of post purchase advice ;) Ask for recommendation for a good Merc Indy down your neck of the woods. They would be able to do your gearbox fluids and assess your rear subframe. Taking a 2014 121k Merc to a main dealer is a waste of money in my opinion.
 
Hi all,

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.
There is a statement in the above paragraph that is not quite right - He's suggesting I'll have to pay for repairs to the vehicle traded in!. He as a professional dealer had the opportunity to assess the car in which ever way he wanted before making you a part exchange offer. And a professional he has no come back on you. His statement was made just purely to put you off pursuing your claim against him. DO NOT allow this to deter you in your actions against him !
 
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.
Gearbox service is a one off at 40k miles buddy , MB doesn’t have a schedule for future gearbox services
 
wow. that wasn't pleasant reading!
I'll take a look at that this afternoon. It had a fresh MOT the day before i picked it up.....surely they wouldn't pass it if it was bad under there?
Yes they would pass it if they did not know what they were looing for. Obvious big holes and cracks in the subframe would be an instant fail. But not all (potential) failures are that obvious.

For what it's worth I believe Daimler Benz is 100% aware of this issue - why else would they be replacing subframes on old cars with sketchy service history (in some cases) FOC ??
 
You have had some very good advice from others on here.
Compared with some car purchases, the car that you have bought is not a complete disaster by the sounds of it. The SH is not as complete as you were led to believe and there is a wheel bearing fault.
As others have said there are not many eight yr old cars that have a "proper" service history - after yr 3 or 4 most cars are neglected to one degree or another and the older the car / the more owners / the more miles the worse the neglect becomes. It does not mean that the car is about to blow up, it just means that the probability of future repairs is increased.
An 8 yr old car with 120k miles and a full proper SH is a rare find; so if buying cars of this age it is worth checking carefully. Most sellers don't have a clue what the SH really is - even most dealers fumble through paperwork and stamps that they have clearly not looked at properly themselves.
To keep things simple with the seller and to avoid getting into a discussion about having your old car back from him, you could ask for a reduction in price based upon the reduced value of a car without full MBSH and the repair needed.
And you have learned something - most car dealers are not completely honest. Shock horror. To be fair the second hand car market is awash with wannabe car dealers with skinny margins and no scope for offering a real service - and the genuine dealers have to try and compete with these wannabes. So it is tough. Which means that as a buyer you have to check everything before you buy and dont assume anything or take anyone's word for anything.
 
But most long term owners who are particularly interested in cars and care enough to find out that or already understand that spending more on maintenance than you can get away with is good for the longevity of mechanical components would have the fluid changed again at around 40k intervals.
Fixed that for you.

Most owners don’t follow the manufacturers schedule for relatively simple, frequent and inexpensive servicing like changing the oil, nevermind go over and above the manufacturers schedule for relatively less-frequent, less-simple and expensive service items like a transmission service.
 
Unfortunately the main dealer won’t be able to tell what the internals are like without stripping it down, and that will get very expensive quickly. Ultimately it may have been maintained well, you just don’t have the history.

My Dad keeps his cars years. He’s old school and maintains them himself after the warranty period ends. They get serviced twice every year even though they do no more than maybe three or four thousand miles each year.

When my Dad eventually sells his cars there will be no service history after the first three years but I would say that they’re equally well maintained as my cars which are spoiled rotten by the main dealer. I paid for the stamps he didn’t.

If you’re worried reject it. If you’re otherwise happy with the car try to reach a fair agreement on a goodwill gesture. But whatever you do, don’t drag it out as the longer you stew on it, the more frustrating it will be.

Thanks, some good advice there. Particularly around not dragging it out.

Without wishing to overload you with loads of post purchase advice ;) Ask for recommendation for a good Merc Indy down your neck of the woods. They would be able to do your gearbox fluids and assess your rear subframe. Taking a 2014 121k Merc to a main dealer is a waste of money in my opinion.

Yep, have a really good one near me - merc service SW.

There is a statement in the above paragraph that is not quite right - He's suggesting I'll have to pay for repairs to the vehicle traded in!. He as a professional dealer had the opportunity to assess the car in which ever way he wanted before making you a part exchange offer. And a professional he has no come back on you. His statement was made just purely to put you off pursuing your claim against him. DO NOT allow this to deter you in your actions against him !

I asked citizens advice about this. They laughed and said exactly what you've said. He saw the car, test drove it, and priced it accordingly. He's the motor trade expert, not me. Once it is in his possession, any issues uncovered are his responsibility without cost or impact on service to me.
Like me (and you), they don't believe him and think it's just a tactic to scare me and stop me from proceeding. A lovely character.

Gearbox service is a one off at 40k miles buddy , MB doesn’t have a schedule for future gearbox services

In the service book I have for the car it says every 31,000 miles.

You have had some very good advice from others on here.
Compared with some car purchases, the car that you have bought is not a complete disaster by the sounds of it. The SH is not as complete as you were led to believe and there is a wheel bearing fault.
As others have said there are not many eight yr old cars that have a "proper" service history - after yr 3 or 4 most cars are neglected to one degree or another and the older the car / the more owners / the more miles the worse the neglect becomes. It does not mean that the car is about to blow up, it just means that the probability of future repairs is increased.
An 8 yr old car with 120k miles and a full proper SH is a rare find; so if buying cars of this age it is worth checking carefully. Most sellers don't have a clue what the SH really is - even most dealers fumble through paperwork and stamps that they have clearly not looked at properly themselves.
To keep things simple with the seller and to avoid getting into a discussion about having your old car back from him, you could ask for a reduction in price based upon the reduced value of a car without full MBSH and the repair needed.
And you have learned something - most car dealers are not completely honest. Shock horror. To be fair the second hand car market is awash with wannabe car dealers with skinny margins and no scope for offering a real service - and the genuine dealers have to try and compete with these wannabes. So it is tough. Which means that as a buyer you have to check everything before you buy and dont assume anything or take anyone's word for anything.

Agree, this has been a great forum and some great advice, so thank you all for taking time to reply and help me out.

Having had time to think, it isn't a complete disaster. I've written a letter to him the citizens advice helped to formulate asking for that. They've said if that fails, I get the repair done, and bill him and demand a reduction in price. If he refuses we go to court. They've said if we do a small claim, 9 / 10 don't end up in court. I hope it doesn't come to that. I just want an easy, stress free life.
 

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