What should the next step be??

[The Boss]

Hi guys

I need advice please.

Following on from the purchase of the w212 e350 cdi at xmas, i have had a few problems with the car.

1. the front windscreen was scratched
2. the NSF window was scratched
3. dashboard wood trim was scratched
4. ambient lighting on OSF door was faulty
5. Front passenger seat leather alignment and flow of leather over seat base was not clean or professional.
6. there is a random beeping noise from the car, prob linked to the air suspension valves/pumps.

numbers (1)(2)(3)(4) have been resolved.

(5) they are still awaiting technical from germany to authorise the replacement of the entire seat (its been near 3 weeks now)

(6) this is the most serious. the car has now been with colindale for 3 weeks + and today they replaced the valve pumps etc, and the irritating high pitched squeak noise still randomly comes on.. (they really though that the air suspension is the cause, they just dont know what it is exactly)

Mercedes Colindale seem to be at a dead end, and now have referred it back to Technical in Germany for more advice.

I have raised this with Head office customer service yesterday. I have complained that i have not received any courtesy car and the timescale to rectify the faults, and yet the major one, which could be serious if the air suspension was to give way on a motorway, is not even close to resolution.

QUESTIONS I HAVE TO YOU:

(a) what can i do about asking them to replace the car with a new car to same specification if this is not resolved in a certain time frame. is 3 weeks for a 6 week old car long enough

(b) compensation for depreciation and the waste it has had sitting at their garage being rectified. I might as well have saved £5k and bought a demo or second hand one, as the reason one buys a new car apart from being stress free and maintenance free is the pride of actually owning a new car.

(c) getting the consumer protection / or citizens advice involved that the car is not fit for purpose and to return it for a brand new car to my specification, as if it is suspension related, they can not specify if it could or could not be serious, if they themselves dont know what the fault is.

Any advice appreciated on this matter guys!

thanks

Dillan

 

[blondebier]

That's a lot to have gone wrong on a brand spankers new car.

Without wanting to sound nosey did you pay cash or was any finance involved?

I believe you may have additional rights/protection if you bought it on credit.

 

[The Boss]

That's a lot to have gone wrong on a brand spankers new car.

Without wanting to sound nosey did you pay cash or was any finance involved?

I believe you may have additional rights/protection if you bought it on credit.

yes it was financed through mercedes finance

 

[blondebier]

I've just been on to Which Legal Services and regardless of buying the thing on credit you benefit from the protection of certain statutory consumer rights as provided for under the Sale of Goods Act.

As you have bought the car from a dealer, the car must be of satisfactory quality. Satisfactory quality is defined as what a ‘reasonable person’ would regard as acceptable, taking into account factors such as price paid, fitness for purpose specified, appearance and finish, safety and durability. If it becomes apparent that the car was not of the quality you were led to expect, you are quite within your rights to go back to the dealer, even after some weeks or even months of use.

Based on the list you have written above I would agree that it is not of satisfactory quality.

In the event that you have to take a car back to the seller on the basis of a breach in one of your statutory rights, the seller cannot try to refer you to the manufacturer under the context of a guarantee or warranty – and particularly not when it involves additional cost to you. Any warranties or insurance policies offered by the seller are additional to these rights and cannot replace them.

If any of your statutory rights are breached you are within your rights to go back to the seller, who will then be legally required to remedy the situation in a number of different ways, depending on your situation and the nature of the complaint.

The law requires you to act reasonably too, so if the problem is minor and can be repaired easily, within reasonable time, at no additional cost to you and without causing any significant inconvenience, then the dealer can insist on a repair as a first option. But remember that this will not stop you from taking it back if the repair is unsatisfactory or there is something else wrong with the car.

If the car cannot be repaired, if the repair is unsatisfactory, or takes an unreasonable length of time, your next option would be to have it replaced. If this is undesirable or impossible, then you can request a refund, although if some time has passed, you should be aware that any refund given may well take account of any use you have had of the car since you took possession of it.

In situations where you would like to keep the car and undertake to carry out the repairs yourself, you have another option, which is to request a discount on the price paid.

Sounds like you have good grounds for a refund or replacement.

Put it all in writing and cc :
Michael Belk
Mercedes-Benz After-sales Director
Delaware Drive,
Tongwell,
Milton Keynes,
Buckinghamshire,
MK15 8BA

Good luck

 

[Charles Morgan]

Honest John's guide to rejecting a car under the Sale of Goods Act as amended.

Rejecting a car

 

[Deleted member 37751]

Or (d) get another one of those centre page spreads in Mercedes' promotional brochure, outlining your bad experience.....

 

[stumpy1]

Much as it goes against the grain, you need to stop discussing this on an open forum.

 

[davidjpowell]

A letter sent by fax direct to the directors. Not forgetting your brand loyalty etc.

Agree open forum posts not the best way to forward your point really.

 

[E CLASS]

Don't pussy foot around.

Return the car and the cancel the finance agreement.

Start all over again.

 

[Deleted member 6183]

Remember your guessing game when you were buying the car?

Well guess what to do next then.

 

[The Boss]

Remember your guessing game when you were buying the car?

Well guess what to do next then.

dont get me started lol.. please!

 

[The Boss]

Don't pussy foot around.

Return the car and the cancel the finance agreement.

Start all over again.

i am near this point.

sales of goods act states

the supplying dealer must be given upto 3 chances to rectify the fault.

problem is, supplying dealer is mercedes benz of boston, and the dealer whom has been dealing with this is colindale in london.

now they have had the car in twice, once for 5 days, and second time now for 3 weeks.

now i do not know if this clause will have an implication, as mercedes benz as a brand should have competent staff which ever dealer i as the consumer should choose, and thus Boston not being my local dealer, could not have been given the option to remedy my car due to distance, hence i do not know if i must give boston 3 attempts to rectify the fault, or colindale and boston are as one.. representatives of daimler chrysler.. thus, i feel where ever i choose to rectify the fault, should not have an impact on the 3 remedy chances.

lets see what happens tomorrow eh!

 

[Mercy1]

This is all very sad and I hope it is resolved to everyone's satisfaction. On a wider note, can anyone comment on whether air suspension has a history of problems or is generally reliable? I have an ambition to own a car with air suspension but no point in having a super smooth ride if it's going to be more trouble than it's worth.

 

[The Boss]

This is all very sad and I hope it is resolved to everyone's satisfaction. On a wider note, can anyone comment on whether air suspension has a history of problems or is generally reliable? I have an ambition to own a car with air suspension but no point in having a super smooth ride if it's going to be more trouble than it's worth.

thanks.

it is defo worth it, my parents have it on their cars, and the s class is the smoothest moving thing, besides a jaaaagg... lol..

it should not be troublesome, only now it is causing grief!

i believe this to be a one off, not a common problem, but i feel the severity of it is not acceptable thus far!

 

[timskemp]

This is all very sad and I hope it is resolved to everyone's satisfaction. On a wider note, can anyone comment on whether air suspension has a history of problems or is generally reliable? I have an ambition to own a car with air suspension but no point in having a super smooth ride if it's going to be more trouble than it's worth.

Mercedes probably make more cars with air suspension than anyone else (think some E/CLS/ML/R and all S class cars) and you don't hear of many problems, though they can be expensive when they happen.

I wouldn't let it put me off.

Boss - speak to trading standards but I'd go with a letter of rejection, or at least giving a date to rectify prior to rejection.

I've just issued a strongly worded email to mine which sparked action over much more minor issues than yours!

Do everything in writing though, letter or email. Any phone calls follow up with a summary in writing / email too.

 

[Soltan]

sorry to hear about your troubles, hope it gets sorted, it's a wonderful car. As Timskemp says put everything in writting, be open and honest and consider putting in a reasonable time to respond/fix.

I agree the air suspension is worth it, if I had to replace my car I'd certainly want it in my new one. Only had one failure with a front strut (expensive) in the time I've had it, but the reduced fatigue after a long trip and reduced days off with a bad back has paid for that.

 

[Mr E]

i am near this point.

sales of goods act states

the supplying dealer must be given upto 3 chances to rectify the fault.

problem is, supplying dealer is mercedes benz of boston, and the dealer whom has been dealing with this is colindale in london.

now they have had the car in twice, once for 5 days, and second time now for 3 weeks.

now i do not know if this clause will have an implication, as mercedes benz as a brand should have competent staff which ever dealer i as the consumer should choose, and thus Boston not being my local dealer, could not have been given the option to remedy my car due to distance, hence i do not know if i must give boston 3 attempts to rectify the fault, or colindale and boston are as one.. representatives of daimler chrysler.. thus, i feel where ever i choose to rectify the fault, should not have an impact on the 3 remedy chances.

lets see what happens tomorrow eh!

I too am sorry to hear of your troubles, but...

Your contract would be with the company/dealer you purchased the car from, and not the dealer looking at the car at the moment. The OEM has nothing to do with this.

You need to be talking to the supplying dealer ASAP - you may end up (not saying you will, but worst case scenario) with the original dealer saying that the dealer currently working on the car is incompetent, they have not had a chance to repair the car, and you have made the situation worse.

The fact that they are not on your doorstep is not their problem - you could have bought from a nearer dealer but chose not to.

It matters not a jot what the brand is and whether there is a dealer / repair centre network - what counts is who you have a contract with.

 

[The Boss]

as sad as it is, i do agree with you on this!

I too am sorry to hear of your troubles, but...

Your contract would be with the company/dealer you purchased the car from, and not the dealer looking at the car at the moment. The OEM has nothing to do with this.

You need to be talking to the supplying dealer ASAP - you may end up (not saying you will, but worst case scenario) with the original dealer saying that the dealer currently working on the car is incompetent, they have not had a chance to repair the car, and you have made the situation worse.

The fact that they are not on your doorstep is not their problem - you could have bought from a nearer dealer but chose not to.

It matters not a jot what the brand is and whether there is a dealer / repair centre network - what counts is who you have a contract with.

 

[st4]

Dillan, I'd say MB Collindale are not working for you. I'd phone the supply dealer and take it from there. They sold you the dud car. Its under manafacturers and you should be issued with a decent courtesy car, so pile on the miles in their car, whilst the depreciation of heavy use stays off yours.

Push them for whole new airmatic suspension.

 

[LTD]

You must speak with the Dealer Principle in Boston and ask him how HE proposes to rectify the situation.