need advice with unusual rejection

[dazzasparks]

so i have a bit of a unique situation with my 2021 amg a35,
i bought the car new in july 2021,, its currently done 14000 miles and is apprrox 2 yeats old on pcp
after the first 10 months of owner ship, it had the common, cracked head, which also took the crank out by pressuring the crank case.
I was without the car for about 2 months, took that 1 on the chin
now this may it developed an odd fault, , only in sport + in 6th gear at about 3000rpm ( stuck behind a lorry ) when you floor it, the car feels like a cross between valve bounce and clutch judder, from the days of old,
Mercedes have had the car since the 1st June, they can physically feel the fault but there are no fault codes, Mercedes uk have done everything they can to no avail, and have up scaled the fault to mercedes Germany, as they are lost.
so we are going into the 3rd month of not having the car, with no time scale or idea of when it will be fixed.
so although its 2 years old and mercedes have had it at least 6 months in total, ive started a rejection,

can any body give me some advice please,, on if i stand a chance, of being successful, or what does the group think i should do
thanks in advance dazzasparks

 

[Red C220]

I'm not sure "Reject" is the right word for what you're doing. There is a specific timescale in consumer law under which rejection is outlined, the first 30 days as I understand it. This may be longer due to manufacturing failure though.

If a manufacturer cannot repair your vehicle and it is still within warranty they have the right to replace also. I'd assume like for like rather than with new as that would be considered "betterment".

Obviously it's a huge help that this is within warranty period, so the manufacturer is on the hook. It's also a big help that they've identified the issue and acknowledge they're puzzled, The ball is in their court.

The issue being how long is reasonable? I assume they have provided a loaner?

Before I considered anything legal I'd have a reasonable/friendly chat with a decision maker at the dealer and ask the following.

1. What is a reasonable time for you to be without your car due to their inability to repair it? Is there an internal precedent for this within MB.

2. What is the process in the circumstances that MB is unable to diagnose and repair your car?

Take it from there.

EDIT:- Be prepared that they may simply offer to buy you out of the car. It's then a case of what's reasonable.

You should have not suffered loss and you should also not have gained (unless by way of goodwill). Your idea of "loss" may not align with the law, especially if you have a loan car.

 

[markjay]

If the car is on PCP, your first port of call should be the finance provider. They will be able to advise you and also support the action you take. They are obliged to do so under the Consumer Credit Act.

 

[dazzasparks]

I'm not sure "Reject" is the right word for what you're doing. There is a specific timescale in consumer law under which rejection is outlined, the first 30 days as I understand it. This may be longer due to manufacturing failure though.

If a manufacturer cannot repair your vehicle and it is still within warranty they have the right to replace also. I'd assume like for like rather than with new as that would be considered "betterment".

Obviously it's a huge help that this is within warranty period, so the manufacturer is on the hook. It's also a big help that they've identified the issue and acknowledge they're puzzled, The ball is in their court.

The issue being how long is reasonable? I assume they have provided a loaner?

Before I considered anything legal I'd have a reasonable/friendly chat with a decision maker at the dealer and ask the following.

1. What is a reasonable time for you to be without your car due to their inability to repair it? Is there an internal precedent for this within MB.

2. What is the process in the circumstances that MB is unable to diagnose and repair your car?

Take it from there.

EDIT:- Be prepared that they may simply offer to buy you out of the car. It's then a case of what's reasonable.

You should have not suffered loss and you should also not have gained (unless by way of goodwill). Your idea of "loss" may not align with the law, especially if you have a loan car.

thanks for the advise, im trying to sort it with Mercedes finance, a better description would be " not fit for purpose" as i have a 200 mile round trip commute, but Mercedes finance, said go down the rejection path, which at worst case scenario would lead to compensation, but id sooner they just get me out of it, im not bothered about getting anything back for it, ive lost faith, i just want out, to me its like i bought a second hand car not new one as the engine has been replaced, and probably the gear box now
cheers dazza

 

[markjay]

thanks for the advise, im trying to sort it with Mercedes finance, a better description would be " not fit for purpose" as i have a 200 mile round trip commute, but Mercedes finance, said go down the rejection path, which at worst case scenario would lead to compensation, but id sooner they just get me out of it, im not bothered about getting anything back for it, ive lost faith, i just want out, to me its like i bought a second hand car not new one as the engine has been replaced, and probably the gear box now
cheers dazza

The best advise I can give you is to stick with Mercedes Benz finance, they will sort it out for you, they have to by law, as they provided the credit.