Rejected My 2012 C350 CDI- It just turned ugly

[@MARK]

So as many of you will be aware my car has suffered from various build quality issues since the day I drove it off the forecourt.

This is my first Mercedes Benz. Previously I have run BMW, Ford and Volvo.

Whilst I was somewhat disappointed with these issues on a "premium product" my dealer (Mercedes Benz of Boston part of the Lister group of companies) have always been fine.

But by the time we got to visit number TEN to the dealers with my car having spent FIVE WEEKS out of the last 10 months in the workshop it was becoming clear that we were not going to fix the issues.

So in July the dealer had my car for 2 weeks. They totally stripped it down and put it back together (again). Within 15 miles of leaving the dealer the rattles had returned.

Now these rattles are numerous and varied.

First there is the buzzing from the drivers seatbelt mechanism. Right next to my right ear. The dealer claims this is a known problem with a known fix. The problem is that the fix doesn't work.

Then we have a ticking noise from behind the sat nav screen. Sounds like a wire catching on plastic to me.

Then there are various other creaks and cracks from all over the top area of the dash especially when the sun is shining. Every time the car flexes (round a bend for example), the dashboard creaks

And then there is a noise that appears to come from where the 2 parts of the centre console meet.

There are also a bunch of noises coming from the rear of the car but I haven't even started on them.

So after not fixing the car after having it for 2 weeks in July it went into the dealer "one more time". This time after I had spoken to Listers head office and Mercedes Benz UK.

I made it very clear that if it wasn't fixed this time, I would be rejecting the car under the rights afforded me by the sale of goods act on the grounds that the product is not of "satisfactory quality" and that even though i had given the supplying dealer ample opportunity to rectify things, they had failed.

I told them that I did not care if they had to put the car back in it's box, send it back to Germany and rebuild it from scratch. Just fix it.

The car came back after 3 days with rattles.

So last Monday I visited the dealership and formally rejected the car.

The Dealer Principle accepted my rejection and explained that there was a formal process that he needed to follow but that he would look to replace the car.

Today after going through the Mercedes Benz process to do this he has changed his tune.

Mercedes Benz UK have told me that in their opinion, ALL vehicles have various rattles and noises from the cabin area and in their view, as the car hasn't actually failed me, it perfectly fit for purpose.

I have asked them to put this in writing. After all, a letter from Mercedes Benz stating that rattles in brand new cars is "acceptable" is going to make quite some reading and I am sure is something their competitors would love to get hold of!

They declined to put this in writing.

So it looks like things are about to get ugly.

Legal action is an option but because we are talking about a £40k car, the small claims court it not an option so will be expensive. This will be my last resort.

But I have started a blog which can be found at My New Mercedes Benz Rattles documenting everything.

I have ordered up the sign writing for the side of the car to "spread the word" and I am posting this here asking you to spread the word.

If Mercedes Benz will not take me seriously then perhaps they have under estimated the damage something like this can do to their brand.

I will quite happily shout about the sub standard materials they are using from the roof tops if it prevents somebody from throwing good money away.

Thanks for reading

 

[Dieselman]

You should call your blog Rattles and Rust.

Why not get Autoexpress involved...and the Daily Wail too...

 

[Dieselman]

Mercedes Benz UK have told me that in their opinion, ALL vehicles have various rattles and noises from the cabin area

Hmm. Mine doesn't, nor does Mrs Dm's...

Perhaps they are faulty.

 

[bes1110]

Hmm. Mine doesn't, nor does Mrs Dm's...

Perhaps they are faulty.

Nor does my 8 year old 211

 

[Dieselman]

We need Mercedes to explain why our cars have been made faulty.

 

[C240Sport97]

make it the dealer's problem, they sold you the car.

if they have problems with MBUK, that is their problem.

go there every weekend with your banners until they sort you out.

 

[LTD]

Ask BMW and Audi if they would be willing to make a donation to a fund for your legal costs.

 

[Dieselman]

Keep taking it back until they either accept the rejection or let you know in writing that the car isn't faulty and creaks and rattles are to be expected.

Maybe a Solicitors letter requesting that information by a set date might stir some action.

 

[Red C220]

IMO you'll get nowhere with guerilla techniques. Signwriting etc. You'll end up alienating any chance of help from Mercedes and also run the risk of making yourself look like a c0ck in the process.

I would contact Mercedes Enthusiast, maybe What Car, may Auto Express.

I'd probably spend 30 minutes cost on some proper legal advice.

Did you formally reject the car in writing? I would have through a written response to a written rejection was basic contractural requirment?

Hmm the more I think about it the more I'd spend 30 minutes solicitor time having documented the events clearly before approaching him. Just so I knew the lie of the land before I got stuck in to anything.

 

[crockers]

make it the dealer's problem, they sold you the car.

if they have problems with MBUK, that is their problem.

go there every weekend with your banners until they sort you out.

Agree - your contract is with the supplier not the manufacturer.

 

[st13phil]

@Dieselman: Mine too. Quite clearly defective.

I will quite happily shout about the sub standard materials they are using from the roof tops if it prevents somebody from throwing good money away.

I'm in no way defending MBUK, but if this is going to go legal, I'd be careful about making public statements such as that unless you have something to back it up. Stick to the facts: "my car rattles" is a factual statement; "my car is built using sub standard materials" may a factual statement, but you may turn out to be the one being put to proving it. All just imo, of course.

Good luck with the rejection, BTW.

Edited to add:

I take it you've stopped using the car? If you've formally rejected it on the grounds that the faults are serious enough to warrant that rejection, continued use without the agreement of the dealer will undermine your case (I know this, as I have rejected a car in the past).

 

[ucr]

This seems like a small issue which a dealer should be able to fix

Let them have the car and loan you an SLS for two weeks until the issue is sorted

I am sure you will be happy then

 

[JonnyFitz]

It just goes to show that different dealers give vastly different "service"

I picked up my C220 125 ed 61 plate just before new year which had a problem with the rear drivers side indicator. Upon collecting the car after its fix a few days later the problem maifested itself again within a few days and I promptly returned the vehicle. After 8/9 weeks of driving in a replacement hire car i rang Mercedes Bolton and told them I wanted it resolved once and for all. A new 12 plate vehicle was sourced with no quibbles from the dealer which I picked up a week or so later. Mercedes finance even returned my 3 months PCP payments that I had made on the faulty car.

 

[st4]

My C class doesn't rattle, and its not something bar this car we read about.

Its a dud.

Red right, a lawyer is what you need to consult, and you need to also explore the whatcar/autoexpress route

 

[Red C220]

Mercedes finance even returned my 3 months PCP payments that I had made on the faulty car.

Ahh this gives me another thought.

Check the legals of rejection for a product under finance. There are added requirements there mostly from the FSA. However, under no circumstance stop any payments - that creates all sort of breach of contract issues.


The issue you have with the sale of goods act is proving the item is not of merchantable quality.

It is clearly fit for purpose as you're driving around in it.

If a fault was present that prevent the driving around it's clear cut.

Rattling isn't so clear cut, it's an opinion (rightly or wrongly) on what degree of rattle (if any) is acceptable.

This is why you need some proper legal advice. I would also be inclined to remove the blog until you've got that advice. Mercedes are very litigious and very aggressive in defense of litigation. Don't give them any ammunition.

 

[Deleted member 37751]

@Dieselman: Mine too. Quite clearly defective.
I'm in no way defending MBUK, but if this is going to go legal, I'd be careful about making public statements such as that unless you have something to back it up. Stick to the facts: "my car rattles" is a factual statement; "my car is built using sub standard materials" may a factual statement, but you may turn out to be the one being put to proving it. All just imo, of course.

I wouldn't worry too much about that, Mercedes conscience for customer care is zero.

People might stand a chance if they liked getting reamed on servicing costs, they might help you along then, but make no mistake about it; they will **** you at some point.

 

[Red C220]

It just goes to show that different dealers give vastly different "service"

I picked up my C220 125 ed 61 plate just before new year which had a problem with the rear drivers side indicator. Upon collecting the car after its fix a few days later the problem maifested itself again within a few days and I promptly returned the vehicle. After 8/9 weeks of driving in a replacement hire car i rang Mercedes Bolton and told them I wanted it resolved once and for all. A new 12 plate vehicle was sourced with no quibbles from the dealer which I picked up a week or so later. Mercedes finance even returned my 3 months PCP payments that I had made on the faulty car.

The difference between your rejection and the OP's is yours is a clear component malfunction that relates directly to the operation of the vehicle.

The indicator malfunction was not repaired, the vehicle was not fit for purpose as (legally) it doesn't comply with current road legislation for function lighting.

You can see how that's a very different set of circumstance than a rattling interior problem (which is still a very irritating problem nontheless).

 

[@MARK]

The issue you have with the sale of goods act is proving the item is not of merchantable quality.

The exact wording here is of "satisfactory quality"

It is clearly fit for purpose as you're driving around in it.

I have made no claim that it isn't fit for purpose

on what degree of rattle (if any) is acceptable.

Fine. So if MB want to put in writing that they believe that the level of rattle I have in my car is acceptable then so be it. I am sure the competition will then jump on the fact that their cars don't rattle AT ALL!

This is why you need some proper legal advice. I would also be inclined to remove the blog until you've got that advice. Mercedes are very litigious and very aggressive in defense of litigation. Don't give them any ammunition.

Done that.

The blog is a statement of facts. What happened, what I observed and what in my opinion is the problem.

You cannot be successfully sued for setting out the facts and the facts alone.

 

[st4]

Remember RobertRJ or whatever his name was.

The S500L chap with with £6k bill and the £30k bill for lawyers etc, and the perjury in court he alleged he was subjected to my MBs legal team....

 

[JonnyFitz]

The difference between your rejection and the OP's is yours is a clear component malfunction that relates directly to the operation of the vehicle.

The indicator malfunction was not repaired, the vehicle was not fit for purpose as (legally) it doesn't comply with current road legislation for function lighting.

You can see how that's a very different set of circumstance than a rattling interior problem (which is still a very irritating problem nontheless).

The point I was making was the different attitude of the dealers. I suspect that if I had purchased my vehicle from the same dealer as the OP and had got the same faulty indicator that I would have got a different experience from the one I did.