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Hi all,
Just seeking some input/thoughts or pointers if anyone else been in this situation. Am out of my depth from a legal point, but have read various threads to try and get my head round this. Have read through a few posts on here, but i guess in a round-about way, just looking for an extra bit of input....
Wife saw a 4yr old car with 22k miles on a non-franchise dealer website. Seemed reputable based on the vehicles they sell (high value).
Had video file sent to us showing the car and a walk-round, and includes the words "immaculate" in the video, it is a Mercedes E220d convertible in Red.
Wife did a PCP deal for the car over 4yrs, and signed and collected the car **17 Days** ago. When collecting, it was raining, so from a view perspective, it looked OK.
Below is what i am looking to add to a letter to indicate why we want to reject the car in Less than 30 days.
Day 1 - Collect car in Rain and drive home - 195 mile trip
Day 2 - Its Sunny, and after a car wash, can see 'micro-blisters' on the boot... At the time, i was un-sure what these marks were...
Day 4 - I take it to a Bodyshop, who confirm the micro-blisters, and then take a look at the whole paintwork. They point out the blisters are all over the car, but not as noticeable as the panels that face the sun.....
They also point out the front wings have had a paint job done, as 1 side looks slightly different in colour, and the other looks like a poor finish has been done, along with indications that some work has been done on the front bumper......
Day 6 - Went to MB Dealer, as i read some alarming stories about MB paintwork. Local Dealer advised to contact another MB dealer who had a bodyshop
Day 9 - Went to other MB dealer, who confirm the red paintwork was flawed, a known issue by Mercedes. Mercedes would correct the paintwork where the blistering occurs under there warranty, but the wait at that dealer is around 18-22 months to get done!
Day 13 - EML (Engine Management Light) has come on, and has now stayed on. Car drives OK, and is not in Limp mode. There is a cost to get the fault + cost to repair (whatever the issue is).
Day 15 - Emailed the Dealer indicating poor quality paintwork and asking for direction of the issue relating to the EML.
As it is, the paintwork is enough to make the car "not of satisfactory quality" ,as well as "fit for purpose", and with the uncertanty of possible damage at the front (poor repair ?) + this EML warning, we want to Reject the car under the Short Term Rejection.
If i have read correctly, we have to start the process to the Finance company, rather than the dealer. If right, we are to give the finance company 14 days to wrap this up, and if no resolution reached, we can commence legal proceedings to get the ball rolling (i get confused with the "you can reject the car within 30 days, but supposedly the finance company can put things on hold for an additional 8 weeks ???)
Is it a case of writing the letter to the finance company indicating the above (date view), and letting them deal with the dealer ?
Once the letter is sent, the vehicle will be parked and Not used, as my letter will state the car is ready for collection.
The 1st finance payment is not due until the 12th May, so ideally we dont want any payments being taken, but unsure if to cancel direct debit ?
Questions are:
Do i write my letter quoting the CRA 2015 and notice regarding the Short Term Rejection ?
Indicate the issues as noted above.
Wait until its reached 14 days atfer they receive the letter, then issue "letter before action" or can i skip that, and just start action ? (wife cant be without a car, so ideally want to get this resolved so she can purchase another one, just not read, and have a dam good look this time!
)
I used the which.co.uk website for a template with regards to rejecting the car, but before i use that, just looking at more info.
Cheers
Just seeking some input/thoughts or pointers if anyone else been in this situation. Am out of my depth from a legal point, but have read various threads to try and get my head round this. Have read through a few posts on here, but i guess in a round-about way, just looking for an extra bit of input....
Wife saw a 4yr old car with 22k miles on a non-franchise dealer website. Seemed reputable based on the vehicles they sell (high value).
Had video file sent to us showing the car and a walk-round, and includes the words "immaculate" in the video, it is a Mercedes E220d convertible in Red.
Wife did a PCP deal for the car over 4yrs, and signed and collected the car **17 Days** ago. When collecting, it was raining, so from a view perspective, it looked OK.
Below is what i am looking to add to a letter to indicate why we want to reject the car in Less than 30 days.
Day 1 - Collect car in Rain and drive home - 195 mile trip
Day 2 - Its Sunny, and after a car wash, can see 'micro-blisters' on the boot... At the time, i was un-sure what these marks were...
Day 4 - I take it to a Bodyshop, who confirm the micro-blisters, and then take a look at the whole paintwork. They point out the blisters are all over the car, but not as noticeable as the panels that face the sun.....
They also point out the front wings have had a paint job done, as 1 side looks slightly different in colour, and the other looks like a poor finish has been done, along with indications that some work has been done on the front bumper......
Day 6 - Went to MB Dealer, as i read some alarming stories about MB paintwork. Local Dealer advised to contact another MB dealer who had a bodyshop
Day 9 - Went to other MB dealer, who confirm the red paintwork was flawed, a known issue by Mercedes. Mercedes would correct the paintwork where the blistering occurs under there warranty, but the wait at that dealer is around 18-22 months to get done!
Day 13 - EML (Engine Management Light) has come on, and has now stayed on. Car drives OK, and is not in Limp mode. There is a cost to get the fault + cost to repair (whatever the issue is).
Day 15 - Emailed the Dealer indicating poor quality paintwork and asking for direction of the issue relating to the EML.
As it is, the paintwork is enough to make the car "not of satisfactory quality" ,as well as "fit for purpose", and with the uncertanty of possible damage at the front (poor repair ?) + this EML warning, we want to Reject the car under the Short Term Rejection.
If i have read correctly, we have to start the process to the Finance company, rather than the dealer. If right, we are to give the finance company 14 days to wrap this up, and if no resolution reached, we can commence legal proceedings to get the ball rolling (i get confused with the "you can reject the car within 30 days, but supposedly the finance company can put things on hold for an additional 8 weeks ???)
Is it a case of writing the letter to the finance company indicating the above (date view), and letting them deal with the dealer ?
Once the letter is sent, the vehicle will be parked and Not used, as my letter will state the car is ready for collection.
The 1st finance payment is not due until the 12th May, so ideally we dont want any payments being taken, but unsure if to cancel direct debit ?
Questions are:
Do i write my letter quoting the CRA 2015 and notice regarding the Short Term Rejection ?
Indicate the issues as noted above.
Wait until its reached 14 days atfer they receive the letter, then issue "letter before action" or can i skip that, and just start action ? (wife cant be without a car, so ideally want to get this resolved so she can purchase another one, just not read, and have a dam good look this time!
)I used the which.co.uk website for a template with regards to rejecting the car, but before i use that, just looking at more info.
Cheers
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