Newbie - Large repair bill as 1st time Mercedes customer

ernie

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What did the window wiper have to do with the problem? i think you need to take this further ..unreal .
I wondered that as well; looks like they hadn't a clue where the problem was and as the customer was paying it didn't matter. Seems that they went through the entire electrical system looking for a fault that had to be present when the customer bought the car.

Ernie
 

oldguy57

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I think you have a case against the supplying dealer under the Consumer Rights Act 2015 (see raspy's post), rather than a warranty claim against MBUK.
Yep- most dealers conveniently or deliberately forget their responsibilities under UK legislation.
 

E55BOF

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Warranties are in addition to your normal legal rights under the Consumer Rights Act 2015. They protect the vendor, not the buyer. If the fault developed within six months of the sale, which it did, to escape liability the vendor has to prove that the fault was not present or developing when the car was sold. Sanjdhar, unless you're happy to take Small Claims legal action yourself you should seek legal advice, from a solicitor or the CAB, and take it from there.
 

markjay

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Warranties are in addition to your normal legal rights under the Consumer Rights Act 2015. They protect the vendor, not the buyer. If the fault developed within six months of the sale, which it did, to escape liability the vendor has to prove that the fault was not present or developing when the car was sold. Sanjdhar, unless you're happy to take Small Claims legal action yourself you should seek legal advice, from a solicitor or the CAB, and take it from there.

As above.

In the first instance, contact the supplying dealer and ask them in writing if they are willing to meet their liabilities under the Consumer Rights Act and foot the repair bill, then pending the response you get from them (or lack of), take the matter to small claims court.

(If they are anything like MB UK, then they will likely clam-up, saying that you have taken the 'legal route', and that they can't comment any further because the matter is now being dealt-with by their 'legal department')
 

E55BOF

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A formal Notice Before Action, drafted by a solicitor, might do the trick, though I wouldn't count on it. They're selling used cars, and by and large (though there are honourable exceptions; I met one, once...) it's a dishonest trade.
 

Athey

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if you bought the car on finance, then contact them asap. for the first 6 months, they can either force the dealer to repair the car, or you can reject it.
I had a problem with mine not long after i bought it, and found out about the 6 month period from the finance company. the dealer who sold me the car paid for the repair.
 

markjay

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I am getting the feeling that the OP is well-off (not meant in a bad way), and is willing to just take it on the chin and get on with his life.

I think the main reason he posted here was because he is (rightly) p****d-off with how he was treated by MB and both dealers, but he has no intention of going on a crusade over this.

I may be wrong, of course....
 

E55BOF

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Being able to take it on the chin, and being willing to do so, aren't the same thing. I'm still waiting for my case against the lying git who sold me the E500 to be heard.
 

oldguy57

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Being able to take it on the chin, and being willing to do so, aren't the same thing. I'm still waiting for my case against the lying git who sold me the E500 to be heard.
And of course the more people take it on the chin, the more the problem is likely to continue.
 

zipdip

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Well i hope the op does take this further,it needs sorting,MB dealers are trying it on ,let them turn up in the small claims court,make sure the press are there,
 

geoffus

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I have always thought that any warranty with a second hand vehicle is the responsibility of the seller, so the vehicle would have to go back to the dealer who sold the car ie Essex.
As it was repaired by Solihull they would not be able to recoup their expenses back from Mercedes as any work should have been done by Essex.
Although they are both Mercedes dealers they are still different companies so any work would have to be authorised by Mercedes themselves before commencing.
Or am I wrong ?
 

markjay

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I have always thought that any warranty with a second hand vehicle is the responsibility of the seller, so the vehicle would have to go back to the dealer who sold the car ie Essex.
As it was repaired by Solihull they would not be able to recoup their expenses back from Mercedes as any work should have been done by Essex.
Although they are both Mercedes dealers they are still different companies so any work would have to be authorised by Mercedes themselves before commencing.
Or am I wrong ?

This is my understanding as well.

The problem with these things is that when there's a fault you have no way of knowing where this will lead to, and taking the car to the nearest dealer to have it looked at under warranty seems like the reasonable thing to do. You are then stuck with a broken down car in one garage and an argument with another.

In theory, once his request to have the supplying dealer cover the repair cost was denied, the OP should have taken the car on a transporter back to the supplying dealer and dump it there, threatening rejection if the fault is not fixed.

But the OP needed the car back so decided to pay-up and vent here.
 

Atavus

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The Mercedes used car warranty is an insurance product in its own right and any Mercedes dealer can do the work.

There is a murky area with poorly prepared/checked cars that basically need attention due to that. What was once the Sale of Goods Act, not fit for sale. Dealers tend to hit the warranty product, to save spending their own money.
 

markjay

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The Mercedes used car warranty is an insurance product in its own right and any Mercedes dealer can do the work.

There is a murky area with poorly prepared/checked cars that basically need attention due to that. What was once the Sale of Goods Act, not fit for sale. Dealers tend to hit the warranty product, to save spending their own money.

There's also the issue of items that fail after purchase and are not covered by the Approved Used warranty (it has its own T&Cs and not everything is covered), but should still be fixed by the supplying dealer under the Consumer Rights Act. This was the case here.
 

jdrrco

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I did send Mercedes Benz Cardiff an e-mail, saying my car was repaired in 15 minutes!

Surprisingly...they never replied ?!
Welcome to the forum and to Mercedes ownership.

We live just outside Cardiff and I'm on my 10th Mercedes. I wouldn't touch Mercedes Cardiff with a bargepole. I won't bore you with all the details, but your experience is far from unique, I'm afraid.

Personally, I use Continental Cars in Cardiff, but Stuttgart Motors in Pontypridd also have an excellent reputation.

Enjoy your car!
 

marleyfan

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thanks for that!.

To say I was shocked...would be a massive understatement!

Stuttgart Motors is just down road from me...So thats ideal....May well have a look at Continental Cars as well though.

I was going to send Mercedes "H.Q!" an e-mail, telling them of what had happened...Very much doubt anything would have come out of it though. Seeing as there is no way on gods green earth! that I would use Mercedes Cardiff anyway!

Thinking about it? When I was looking (online it was during lockdown), for a Mercedes, I also sent Mercedes Bridgend a few messages, enquiring about cars...not a dicky bird heard from them! Mercedes Bristol, did answer my queries. the best car ( for me anyway!) was in Mercedes Stoke....the guy dealing with my enquiries was great (only doing his job though at the end of the day!) in answering all my questions fully and quickly.
 

jdrrco

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thanks for that!.

To say I was shocked...would be a massive understatement!

Stuttgart Motors is just down road from me...So thats ideal....May well have a look at Continental Cars as well though.

I was going to send Mercedes "H.Q!" an e-mail, telling them of what had happened...Very much doubt anything would have come out of it though. Seeing as there is no way on gods green earth! that I would use Mercedes Cardiff anyway!

Thinking about it? When I was looking (online it was during lockdown), for a Mercedes, I also sent Mercedes Bridgend a few messages, enquiring about cars...not a dicky bird heard from them! Mercedes Bristol, did answer my queries. the best car ( for me anyway!) was in Mercedes Stoke....the guy dealing with my enquiries was great (only doing his job though at the end of the day!) in answering all my questions fully and quickly.
Mercedes Cardiff and Bridgend are the same company, so no surprises there!

I think Stoke is Drayton. They do have a decent reputation.
 
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sanjdhar

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Hi All, apologies for the radio silence, but been busy!..Once again, many thanks to all the helpful responses on this thread. To give an update, I have now gone down the legal route via a small claims court through the HMG Money Tribunals & Claims website and have issued this now to Mercedes Essex. Since I issued this on 18.05.21, they have since come back asking for an extension to the 21st June 2021 now. Attached is a "copy (and reformatted)" of the claim itself which I completed online. For me this is just the 1st stages, and I will be more than happy to take this all the way to the courts, even if I don't succeed at the 1st hurdle through the small claims court
 

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sanjdhar

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Believe also someone asked for some pics..have to say, I didn't think anything could ever match my previous BMW M4, but this more than matches it and in many ways surpasses it..luv it..
 

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markjay

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Hi All, apologies for the radio silence, but been busy!..Once again, many thanks to all the helpful responses on this thread. To give an update, I have now gone down the legal route via a small claims court through the HMG Money Tribunals & Claims website and have issued this now to Mercedes Essex. Since I issued this on 18.05.21, they have since come back asking for an extension to the 21st June 2021 now. Attached is a "copy (and reformatted)" of the claim itself which I completed online. For me this is just the 1st stages, and I will be more than happy to take this all the way to the courts, even if I don't succeed at the 1st hurdle through the small claims court

"...I have found no suggestion that the wiring was faulty at the point of sale..."

He's clearly unfamiliar with the Consumer Rights Act 2015.... :doh:

During the first 6 months, it's they who need to prove that the wiring was NOT faulty at the point of sale. Not the other way around...

Presumably they do not have a technician's report dated prior to the sale and saying that the particular area of cabling was checked and found to be in good condition.
 
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