My rights buying used from a dealer

[GH421]

I purchased a W221 from a dealer and since the very first day the car had problems so I gave it back. The dealer got the issue fixed but another issue prevailed so it's back to the dealer in just over a month.

If the problem returns can I give the car back and get my money off him? I purchased a third party warranty off the dealer who uses a company called "warranty first" which cost me £800.

Would I be able to recoup this too?

 

[After Shock]

Someone might help more but as I understand it the dealer has to be offered the opportunity to correct the issues.

Just keep hassling them.

 

[MDC250]

Suspect your legal right to reject may have passed depending on timescale and as you have allowed the dealer to try and fix the issue. Reasonable period is not defined in the Sale of Goods Act and is case specific.

Without stating the obvious a second hand car will not be to the same standard as new but should at least work!

Within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them. Beyond that it's up to you.

If a decent dealer they'd let you have a full refund and walk away but how many of then are out there?! Hope you price my cynicism to be unfounded.

Good luck.

 

[jaymanek]

In short, the dealer does need to be given opportunity to fix. Used cars do go wrong I'm afraid.

If this is a new issue unrelated to the first then I'd say you don't have much of a case, problems can only be fixed as and when they arise.

 

[merc85]

I feel your pain i gave up buying cars from 2nd hand car dealer's 2 years ago, Few stick by there waranties and you pay more in the 1st place.

 

[GH421]

The dealer has said he took the car to herts merx (prestige) in letchworth. They've run tests, reset everything and can't find a fault with the car.

The car keeps going in limp mode and has done the first time and since I received it back when they changed the EGR at their expense.

He says they manually regenerated the DPF also...doesn't the car do this automatically?

It's like an occasional hiccup when driving then while driving on the M25 in traffic it went into limp mode, switched off and on the fault disappears for 2 mins then comes back again.

Only when I left the car off for 20 minutes it didn't go into limp mode.

I'm thinking of going back to the dealer and saying I will take it to MB at my own cost for a diagnostic and then you fix the issue because I am not satisfied with Herts Merx

 

[markjay]

The dealer has said he took the car to herts merx (prestige) in letchworth. They've run tests, reset everything and can't find a fault with the car.

The car keeps going in limp mode and has done the first time and since I received it back when they changed the EGR at their expense.

He says they manually regenerated the DPF also...doesn't the car do this automatically?

It's like an occasional hiccup when driving then while driving on the M25 in traffic it went into limp mode, switched off and on the fault disappears for 2 mins then comes back again.

Only when I left the car off for 20 minutes it didn't go into limp mode.

I'm thinking of going back to the dealer and saying I will take it to MB at my own cost for a diagnostic and then you fix the issue because I am not satisfied with Herts Merx

When the car goes into limp mode, it will register a fault in the ECU. An MB garage equipped with STAR diagnostics computer can access read this codes.

So the questions are:

1. Was the car connected to STAR, and the fault codes read? If not, then this should be the first step .

2. If it was connected to STAR, then is the garage saying there were no faults stored in the ECU? If so, then it is very unlikely that the car repeatedly goes into limp mode but no fault codes are stored in tbe ECU.

3. Or is the garage saying that they can see the fault codes on STAR, but can not work-out what is causing them or how to fix it? If so, then yes this can happen, but in this case it is still the delear's responsibility to find a garage who can properly diagnose the problem and affect a repair.

 

[GH421]

The dealer is saying that the are no fault codes stored on the ECU, a STAR machine was used to diagnose the issue but nothing could be found.

They drove the car 40 miles and there are no issues with the car. The garage will provide a full report of what was done to the vehicle to diagnose the phantom issue which only I seem to have. (I took a video of the car in limp mode when it happened which is date and time stamped)

Someone isn't being very transparent whether it's the dealer or the garage

 

[Sp!ke]

Do you use the car for short journeys much?

Also, how is your driving style - do you drive the car like Miss Daisy, or do you like to stretch the cars legs where possible?

Cars with DPF's need to be driven quite hard to regenerate the DPF and they also hate short journeys.

 

[GH421]

I haven't had the car a month and it's gone into limp mode twice.

I do 30 miles a day on B roads and on the weekends thrash it on the motorway.

When I first started to notice the hiccup I took it for a proper drive like the cops were behind me but this didn't fix anything.

 

[jaymanek]

Ask MB to do a health check and they will advise the problem.

Doesnt sound like its going to be anything sinister.

 

[nb_racing]

Sounds to me like the dealer got stitched up by buying it in the first place. I've seen cars like this before. An apparent simple problem that the owners chosen garage can't fix so they advise the owner to sell up and let some other poor bu99er deal with it.

 

[markjay]

Perhaps BlackC55 can advise, but to my knowledge it is not likely that the car actually went into limp mode and nothing was stored in the ECU.

 

[GH421]

Ok got a call back from dealer. he says the DPF was 98% full they've done whatever they did and it's at 15%

How the hell can you reduce the value by that much??

Olly is this possible?

 

[jaymanek]

Yes it is, they do a manual regeneration.

 

[GH421]

Jaymanek at 98% full does the ECU allow for a manual regen? Isn't there a potential risk you can blow the thing up?

 

[jaymanek]

Jaymanek at 98% full does the ECU allow for a manual regen? Isn't there a potential risk you can blow the thing up?

No it won't let you do it if it's too blocked, it works it out from pressure differentials.

 

[GH421]

Got the car back..same problem car is hiccuping after 40 mph. Took it on a private road )) and was doing it at 120

 

[mr. shr]

I wonder if the problem is with the people you've got looking at it.

Can you not get it to a decent indy? There are quite a few on here.

 

[GH421]

Well i've given him the opportunity to fix it. Looking back at all the correspondence I've had the following:

Purchased the car on 5th June.

Since I’ve had the car the car would jerk every now and then. I spoke to the dealer on the 6th of June and handed him the car back.

He diagnosed this being a fault with the EGR and took the car back to be repaired returning it to me on the 10th of June. Then we went on holiday on the 11th and returned on the 18th.

I drove it on the 19th and found the same fault. Gave the car back on the 20th to diagnose.

He gave it to the garage saying it was a DPF issue and gave the car back on the 25th

I spoke to him yesterday he says to take it back to the garage, I want my money back and for him to keep the car