Problems with Mercedes

[ajb57]

Hello

I have an ongoing problem with a car I have on PCP with MB Finance and would be interested on anyone's thoughts/ suggestions as to how I approach this with Mercedes.

As background, this car was purchased from Mercedes Benz Blackburn in Jan 2016 within the first month the car had an engine management fault that was traced to a faulty NOX sensor. This was cleaned by MB Blackburn but the fault returned within weeks and was changed. I raised a complaint at the time and this eventually resulted in them offering the next service free of charge.

However, on a regular basis since then the same fault has occurred generally twice each year with the sensor either being replaced or cleaned. This meant that the car was off the road for a day at least and I had the inconvenience of having to take the car to garage which generally meant changing my work meetings. The fault appeared in March this year and MB Blackburn advised I call Mobilo recovery service and get the car recovered as they felt it was the only way Mercedes would take this issue seriously.

The car was taken to MB Whitefield this time and a replacement car was provided, the faulty sensor replaced and they agreed to take the car in for a week in an effort to diagnose the issue. This was booked for week commencing the 16^th April 2018, no fault was found during this time. However the fault has now occurred again, 14^th May 2018 and it back at the MB Whitefield for repair who have involved a Mercedes engineer.

I have written to the supplying dealer and the only response I have had was from a sales manager offering to do me a deal on a replacement car. Do I have any grounds after this length of time to reject the car as not fit for purpose, would I be better doing a voluntary termination when I get to 50% or is there another avenue I can explore?

Thanks in advance for any advice you can offer.

[Laticsforlife]

Yes, at 50% of the cost there are no issues over why you are cancelling, only that it is within your rights to do so.

So it is far easier than any argument over this repair issue. You are far to into this to reject the car and the dealer is trying to do what he can, but it looks like you just have a lemon, get rid asap.

You've had it over 2 years now, how long is the PCP.

Remember that 50% is 50% of the total cost, not 50% of the time. When are you at 50%?

[ajb57]

Thanks for taking the time to reply.

The PCP contract is four years so I have approximately 19 months left, I have calculated that I will be at 50% around the end of the year.

I hoping that the as the fault occurred within weeks and it was the same fault reoccurring I could make a claim as not fit or purpose, looks like I will have to wait now until I get to that 50% point.

The car has now been off for the road for two weeks will they try and fix this, its shocking how poor the level of support and service is from a so called prestige Manufacturer.

[Laticsforlife]

others may comment that you CAN reject, as this is the same issue from the start, but I'm no expert.

[Tone69]

I would agree that you can return this vehicle due to this fault re occurrng frequently ever since you've had the vehicle. If I'm correct they are allowed to make 1 repair to try and fix the problem, but if the problem re occurs then you as the customer has the legal right to reject it as being 'unfit for purpose'. Look into this in greater depth and I think you'l find I'm right. Fingers crossed

[des8]

You actually have 6 years in which to reject goods which are unsatisfactory or not fit for purpose.
Your difficulty though is proving that the fault was present at the time of purchase.
Also if you were successful the finance company could make a usage deduction

Probably not worth the hassle, 'cos the finance co will make it as difficult as possible and it will end in court in about 6 months time

[ajb57]

Thanks everyone for the responses, I have raised a complaint with MBFS but not sure how far this will get without a long legal battle.

My less stressful option would be to VT the car once I hit the 50% mark.

[ajb57]

Update on this, after a number of discussions with MBFS, they agreed that the car was faulty since new and took the car back towards the end of the year and returned my deposit.

Unfortunately, they didn't agree to any return of my monthly payments.