The New E55k Estate

[Druk]

Of course the chance of getting caught and then prosecuted would be pretty slight. But it would be a possible get-out for an insurance company if the car was inspected after an accident. I guess it could void any warranty too.

Well, I've said to Harry that the wee milk churn trailer is probably OK but I would be cautious with the double horsebox. It might be just over the GTW with a Clydesdale aboard never mind two.



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[Red C220]

Have you given the car back to the original selling dealer with a list of problems for them to address?

 

[BTB 500]

It might be just over the GTW with a Clydesdale aboard never mind two.

If it had a GTW?

AFAIK the only AMGs you can legally tow with are the SUVs.

 

[nick mercedes]

"What will I pick on to try to chisel the price down when I see the car?" He did mention the mass of poorly touched-in stone chips on the bonnet, but the bonnet isn't rusty, so that may be why; perhaps rust doesn't count. He didn't mention the well-worn and cracking front discs, or the almost worn-out, and wearing unevenly, pads on the OSF brakes either. The wheels will require refurbishment in the not too far distant future too, but not within six months, so that will be down to me.

Why did you buy it????

 

[E55BOF]

'Cos it's Tanzanite blue, Nick; I've been waiting two years for one in that colour. The mechanical problems were not apparent when I picked it up, and I was prepared for the cosmetic stuff, and the brakes, so no surprises there.

RedC220, no, I haven't offered to take the car back, nor will I do so if I can avoid it; where will I find another Tanzanite blue one? I have of course made the dealer aware of the situation, and I'm awaiting quotes from Terry at Wayne Gates for all the work except the bodywork, then will speak to the dealer again and see what he wants to do. He's happy to leave it there for the moment.

He's being pretty reasonable so far, and I live in hopes he will remain so. From my point of view, being brutally honest, it would probably be best if he just told me to get stuffed, then I could go straight to law, but I don't think he will do that. As I said, I'm not looking to screw him into the ground; nor, I hope, is he looking to do that to me.

 

[Red C220]

RedC220, no, I haven't offered to take the car back, nor will I do so if I can avoid it; where will I find another Tanzanite blue one? I have of course made the dealer aware of the situation, and I'm awaiting quotes from Terry at Wayne Gates for all the work except the bodywork, then will speak to the dealer again and see what he wants to do. He's happy to leave it there for the moment.

He's being pretty reasonable so far, and I live in hopes he will remain so. From my point of view, being brutally honest, it would probably be best if he just told me to get stuffed, then I could go straight to law, but I don't think he will do that. As I said, I'm not looking to screw him into the ground; nor, I hope, is he looking to do that to me.

I think the issue you have if you do choose to go a legal route is as the law stands (as I understand it) you first have to return the vehicle to the supplying dealer and give them a reasonable opportunity to rectify any issues you raise. His geographical position relative to your own is irrelevant as you chose to buy the vehicle from him, so the "he's too far away to take it back to" is actually not a reasonable argument (legally).

If you choose to take the car elsewhere and get it inspected, then present the information to the original supplying dealer for his offer, I guess that's fine. However if you instruct any repairs before these discussions have completed to both parties mutual benefit you're on a sticky wicket.

Just bear this in mind.

It sounds like the dealer is being reasonable, but then he would be if you paid on a credit card as he only has to appear to reasonable to possibly avoid any chance of a charge back under section 75 of the consumer credit act.

The issue in all of this from any form of legal perspective is what is and isn't "reasonable" condition or wear and tear on a 12 year old vehicle.

Legals and charge backs are perfect for non responsive "F off" type traders, someone reasonable, who responds and you could well be seen as a malicious litigant.

He sounds pretty reasonable so far, I'd continue with that and forget about small claims or credit card charge backs, either of those tends to stop any degree of reasonable behavior stone dead.

Alternative I think you get on to Judge Rinder, I'd like to see how he handles this one

 

[nick mercedes]

'Cos it's Tanzanite blue, Nick; I've been waiting two years for one in that colour. The mechanical problems were not apparent when I picked it up, and I was prepared for the cosmetic stuff, and the brakes, so no surprises there.

Fair enough.

being brutally honest, it would probably be best if he just told me to get stuffed, then I could go straight to law, but I don't think he will do that. As I said, I'm not looking to screw him into the ground; nor, I hope, is he looking to do that to me.

Law may not deliver what you hope for, at least dealer is trying to sort things out.

 

[E55BOF]

I think the issue you have if you do choose to go a legal route is as the law stands (as I understand it) you first have to return the vehicle to the supplying dealer and give them a reasonable opportunity to rectify any issues you raise.

That is my understanding too.

[/QUOTE]If you choose to take the car elsewhere and get it inspected, then present the information to the original supplying dealer for his offer, I guess that's fine.[/QUOTE]

That is the action I am taking.

[/QUOTE]However if you instruct any repairs before these discussions have completed to both parties mutual benefit you're on a sticky wicket.[/QUOTE]

Agreed; I'm not doing that.

[/QUOTE] Legals and charge backs are perfect for non responsive "F off" type traders, but, someone reasonable, who responds and you could well be seen as a malicious litigant.
[/QUOTE]

Not could be; would be, I think. As I already said, "From my point of view, being brutally honest, it would probably be best if he just told me to get stuffed...". He hasn't, and I think won't.


[/QUOTE]He sounds pretty reasonable so far, I'd continue with that and forget about small claims or credit card charge backs, either of those tends to stop any degree of reasonable behavior stone dead.
[/QUOTE]

Of course I will; if you have formed any other opinion, yopu misread my intentions.

[/QUOTE]
Alternative I think you get on to Judge Rinder, I'd like to see how he handles this one[/QUOTE]

Now there's a thought... Apparently ITV pay the awards if the losing side won't, because Rinder has no legal power to compel any payment to be made.

Edit: Oh S**t! What a mess. I'll get this multi-quote right one day...

 

[Mrhanky]

When doing charge back your claim is against the Cc company. In my experience with large sums to get your money back you will need to formally complain as the Cc company will pretend you don't have the rights you do.

In my case I ended up getting a mechanical engineer report done which listed and proved what was and what was not normal wear and tear. It was a slam dunk afterwards as the trader was offered by me the chance to get his own similar report done. Needless to say did not get one done and I got my 3k back.

However, I will warn you it involved many letters and complaints over a six month period to ensure I got the outcome that was fair.

 

[E55BOF]

If I got anything like £3k back I'd feel the dealer had been royally shafted. I'm pretty reasonable too...

 

[Mrhanky]

If I got anything like £3k back I'd feel the dealer had been royally shafted. I'm pretty reasonable too...

I mentioned 3k in relation to my past experience. Yours will what ever is reasonable to your individual circumstances.

So exactly how much are we talking? As anything less than 1k and I would just put it down to me buying a bit of a dog.

 

[E55BOF]

Until I get the quotations, I won't know for sure, but when it's all done, including the bodywork, I'm expecting to have forked out at least £2k, probably nearer £3k, from my own pocket. I think it may be realistic (I wouldn't want to be any more definite than that...) to expect about £1k from the dealer - £500 from the warranty, £500 from his profit. So, £14k to end up with a decent '04, 135K mile, E55K estate? Hmmm.... Not a bargain basement price, is it? Could have had SPX's for less than that.

Did I mention it's Tanzanite blue, though?

 

[Mrhanky]

When you put it like that, yes it's not the deal of the century. But that also depends on how much an estate in tanzinite blue is worth to you. No one can deny it's a pretty rare beast!

Don't be too hard on yourself for over paying in hind sight. I once purchased am e39 m5 in blue that was pre facelift but with facelift parts. I did so as I really wanted a facelift and I thought it was a good deal.

Couple weeks later a mint late 02 facelift in Oxford green came up. It was very much my dream car and I realised two things, one I had over paid on my Blue car and two I did not have the funds available to get a car that was never to come up for sale again.

 

[E55BOF]

Thank you for the kind thought. I went into this with my eyes open, and took a chance on what I could not see; as it turned out, even with a pretty complete service history quite a lot more needs doing than I expected...

I'm not too bothered about the cost - if the dealer said "bring it back, I'm paying nothing" I'd still keep the car. If I had known everything that would need doing, would I have bought it? Yes, I would, but I'd have wanted to pay a price much lower than the dealer would take, so I'd still have paid over the odds.

It's not all about money; I love the 55K engine, and I really, REALLY do like Tanzanite blue on the 211 estate...

 

[Deleted member 37751]

Hmmm.... Not a bargain basement price, is it? Could have had SPX's for less than that.

Mine wasn't Tansanite though...

I was pretty surprised that it wasn't bought by a forum member but there you go!

 

[merc85]

If the dealer offered u a full refund on the car you could get the 2003 resprayed in the Same blue couldn't you?

Just a idea

 

[E55BOF]

The blue one has more toys, but an AMG is all about the engine, and I could live with the old one. I'd have to have the wheels refurbished, in silver, as well. I've spent nothing on the new one so far, except for the inspection, a spare key, and front discs and pads which I'd keep for when the old one needed them, so there really IS a thought. I'll sleep on that. Hmmmm......

 

[E55BOF]

Sorted, I think/hope. The cost of the mechanical work comes in at £2k, and in the interests of a quick resolution, the dealer has agreed to my offer that he cover £1k of that - £500 warranty, £500 by refund cheque; from his reaction I suspect he'd have paid more, but I think the deal is reasonable for both sides. The car is booked in at Wayne Gates for 19 October, and while it's there I'll have a gearbox service done as well.

Terry at WG thinks the gearchange problem is very unlikely to be the ECU, and I'll take the hit on whatever it turns out to need - I hope just a software reflash.

There's still the bodywork, but that's not urgent. Now to keep fingers crossed for the SBC (1994 manufacture date on the unit), and the Airmatic, but apart from that, just enjoy...

 

[merc85]

Congrats on a fairly quick resolution

 

[John Jones Jr]

So, £14k to end up with a decent '04, 135K mile, E55K estate? Hmmm.... Not a bargain basement price, is it? Could have had SPX's for less than that.

Did I mention it's Tanzanite blue, though?

Admittedly, I don't know anything about E55K's but that seems a very expensive motor to me. The other thing that strikes me is the cost of ongoing repairs (excluding maintenance). Don't misunderstand me I'm not in the slightest knocking E55K's, I'm just taken aback by the above figures and possibly the ongoing costs.

Anyway, great to hear you got the issue resolved with the dealer.