What constitutes 'Service History' with a Mercedes?

[ToeKnee]

This all sounds very suspect to me......

 

[markjay]

They stopped talking to me and told me to speak with their 'lawyers', so I did via email. I tried Goods As Not Described, but they shot me down on a technicality. I also tried on another point but they stopped me in my tracks.

I checked with my home/car/work insurance, and don't have legal cover, so to pursue further alone would have put me very quickly more out of pocket than the loss in value from no service history



Yes. I put up reviews online outlining my experience, and the joy of finally receiving a brown envelope with what I thought may have finally been my V5 (after 6 weeks), turned out to be a County Court letter threatening to sue for a LOT of money, unless I took down the reviews.

If I name them, they will go after me AGAIN, and leave me even more out of pocket than just losing value from no Service History

Not sure how you got involved with these bunch, they sound like an OCG.... and I'm sorry that it happened to you.

What was the technicality that they used in order to stop you from pursuing the 'not as described' route?

 

[Spider10]

I agree with the above about being cowboys I can't understand how or why they would try to sue you ref a review id repost it evertwhere and tell them to stick it where the sun dont shine

 

[markjay]

I agree with the above about being cowboys I can't understand how or why they would try to sue you ref a review id repost it evertwhere and tell them to stick it where the sun dont shine

You need to be careful though and simply post your experience, and then add to everything you write a disclaimer that says that it's 'personal opinion'.

 

[Bobby Dazzler]

What on Earth did you say? To result in the threat of legal action it must have been very edgy! What sort of trader was it?

I suspect they went in heavy to scare you. In practice, the odds are stacked against the consumer when such matters go legal, as long as the facts are presented correctly.

 

[Smiley]

Wow. It seems to me that their heavy handed approach means that there is something to hide.
As long as the review that you left was factually correct then there is nothing that they can sue you for. They can launch a claim against you but they would not win it.
If you can prove that the car was advertised as having a full sh and that is now not true then you can either reject the car for a refund - or if they have made this too difficult for you then you could launch an online money claim for the reduction in market value of the car without a service history. It will not cost too much to launch the claim and you do not have to pay their defence costs even if you lose.
Bit of a hard lesson I'm afraid.
I learned many years ago (the hard way) to spend time qualifying the seller of a car before even looking at the car - is it someone I want to deal with or not; if not then move on and find another car.
Not to make things any worse but have you checked the VIN number against the V5 and run a HPI check on it?

 

[ErrorInConnection]

Not sure how you got involved with these bunch, they sound like an OCG.... and I'm sorry that it happened to you.

What was the technicality that they used in order to stop you from pursuing the 'not as described' route?

They just used their legal knowledge to counteract it, and me with a weekend of google research could not ever trump them.

I agree with the above about being cowboys I can't understand how or why they would try to sue you ref a review id repost it evertwhere and tell them to stick it where the sun dont shine

I thought it was unfair of them, I did not say anything defamatory about them, just highlighting what prospective buyers should do and not do so they don't have the same experience as me

You need to be careful though and simply post your experience, and then add to everything you write a disclaimer that says that it's 'personal opinion'.

What on Earth did you say? To result in the threat of legal action it must have been very edgy! What sort of trader was it?

As above, I was careful to not say anything defamatory. I didn't say DONT buy, more what to check before you buy based on my experience if you decide to buy

I suspect they went in heavy to scare you. In practice, the odds are stacked against the consumer when such matters go legal, as long as the facts are presented correctly.

Yes that's my opinion too, that they just wanted to shut me up

Wow. It seems to me that their heavy handed approach means that there is something to hide.
As long as the review that you left was factually correct then there is nothing that they can sue you for. They can launch a claim against you but they would not win it.
If you can prove that the car was advertised as having a full sh and that is now not true then you can either reject the car for a refund - or if they have made this too difficult for you then you could launch an online money claim for the reduction in market value of the car without a service history. It will not cost too much to launch the claim and you do not have to pay their defence costs even if you lose.
Bit of a hard lesson I'm afraid.
I learned many years ago (the hard way) to spend time qualifying the seller of a car before even looking at the car - is it someone I want to deal with or not; if not then move on and find another car.
Not to make things any worse but have you checked the VIN number against the V5 and run a HPI check on it?

Rather than buy private like I always have done, I stupidly thought that buying via a known and forum-recommended Specialist would mean that I would get a near-ish Merc dealer experience. But the experience I received is worse than if I bought private.

I just can't risk this car costing me any more money than it has already, so don't wanna go any more down the legal route

 

[markjay]

...I stupidly thought that buying via a known and forum-recommended Specialist...

 

[Spider10]

I think I know who he's talking about as someone else has mentioned a few issue's with there stock

 

[ToeKnee]

If you genuinely think the dealer is dodgy then mentioning them might help someone else not make your mistakes

 

[Smiley]

Rather than buy private like I always have done, I stupidly thought that buying via a known and forum-recommended Specialist would mean that I would get a near-ish Merc dealer experience. But the experience I received is worse than if I bought private.

This is why I prefer to buy privately. Much more honest and easy to deal with - if you check out the seller properly. It's not hard ime but you do have to be prepared to wait for the right car and seller to come along.

 

[Smiley]

Is the seller linked to this forum or a different forum?

 

[Smiley]

If I name them, they will go after me AGAIN, and leave me even more out of pocket than just losing value from no Service History

If all you have written is true and you can prove it then they can try to sue you but they will not win any damages from you. It is just scare tactics and it is a shame that it has worked.
Clearly they want to silence you so that means that they are worried. On that basis I would tell them that you have taken legal advice and there is nothing to stop you sharing the facts online so that is what you will do if they do not refund you.

 

[markjay]

Is the seller linked to this forum or a different forum?

I assume that he meant that the seller was recommended by other users on this forum (and obviously not that the seller is a forum sponsor).

 

[Smiley]

I assume that he meant that the seller was recommended by other users on this forum (and obviously not that the seller is a forum sponsor).

you'd certainly hope so

 

[ALFAitalia]

How long have you had it?.....if its less than thirty days you have the right to return it for any reason at all.....them refusing does not enter into it.....its the law.

 

[markjay]

How long have you had it?.....if its less than thirty days you have the right to return it for any reason at all.....them refusing does not enter into it.....its the law.

MB Approved Cars T&C gives the customer the option of replacing the car with another within 30 days of purchase.

But under the Consumer Rights Act 2015, a car can only be returned for full refund within the initial 30 day period if it developed a major fault (but not for other reasons).

 

[ALFAitalia]

No quite......from the act...
"it develops a serious fault or you find that it isn't what was advertised to you"

Surely its not as advertised......

 

[TC350]

I'm intrigued by the seller's threat of legal action against the OP for giving out their details. I've seen a number of complaints against named Mercedes dealerships within this forum, but not seen anything about legal action against those posters.

Mercedes are very protective of their image and don't take kindly to criticism. More importantly they are very much against misrepresentation. If they feel the need to take action against you, they have the wherewithal to put the best legal team onto the case. I've dealt with solicitors from the Mercedes-Benz Group AG from a business perspective; they're both efficient and persuasive.

So if Mercedes aren't wielding the big stick against those who denounce their products or representatives in forums such as this, I can't see a so-called specialist getting far.

In the wider interests of all the clubs' members, I think that the OP should name the seller. It's fair warning to any of the rest of us who may consider buying from them.

 

[markjay]

I'm intrigued by the seller's threat of legal action against the OP for giving out their details. I've seen a number of complaints against named Mercedes dealerships within this forum, but not seen anything about legal action against those posters.

Mercedes are very protective of their image and don't take kindly to criticism. More importantly they are very much against misrepresentation. If they feel the need to take action against you, they have the wherewithal to put the best legal team onto the case. I've dealt with solicitors from the Mercedes-Benz Group AG from a business perspective; they're both efficient and persuasive.

So if Mercedes aren't wielding the big stick against those who denounce their products or representatives in forums such as this, I can't see a so-called specialist getting far.

In the wider interests of all the clubs' members, I think that the OP should name the seller. It's fair warning to any of the rest of us who may consider buying from them.

Did the OP confirm if this was a franchised Mercedes Benz dealer, or an independent trader?