Faulty car, where do I stand?

[hellblazer32]

Hi everyone wanted some advice on my issues.
I bought a brand new Mercedes beginning of november 2021, couple weeks later I started to get electrical faults(safety features no longer working etc)
Contacted dealership about it just before my first 30 days and they said it might be a dirty sensor and didn't offer any help.
Went down the route of getting the car fixed, the dealership I bought it from took my car in and "fixed" it.
Picked the car up Monday and the same issue has returned, I have photo proof of when it happened.
My issue is, spoke to finance company as my car is on PCP and they said they're unaware of consumer act allowing me to return it(??) and to speak to dealership.
Was on phone to them all day yesterday and last conversation I had was someone saying my sensors showing me an error is because it was raining which sounds like they're trying to dismiss the issue.
Am I able to refuse the car since i have given them a chance to fix already and the issue has returned? Or does the car have to be broken to allow this?
Thanks

[echat11]

Hi HR32

You are covered by the Consumer Rights Act 2015.

https://www.which.co.uk/consumer-rig...s-aAnMC5b0ZzJb

Providing you reported the fault within 30 days, they've attempted to repair, same fault, you can reject the car, expect them to play 'hardball'.

When you communicate with them, only do it in writing rather then phoning (email them).

How did you pay the deposit for the finance? (PCP)

[hellblazer32]

Hi HR32

You are covered by the Consumer Rights Act 2015.

https://www.which.co.uk/consumer-rig...s-aAnMC5b0ZzJb

Providing you reported the fault within 30 days, they've attempted to repair, same fault, you can reject the car, expect them to play 'hardball'.

When you communicate with them, only do it in writing rather then phoning (email them).

How did you pay the deposit for the finance? (PCP)

Hi,
So I reported it originally on the 28th day, I didn't properly report it until after 30 days and I gave them a chance to repair and the error has already come back.
So I put a deposit down and then yeah a PCP contract. The finance company(which is owned by mercedes) had no idea I could even do this so sums them up!
I will email them and get everything in writing.
Thank you.

[echat11]

I haven't asked you to do anything yet. Difficult to put a plan of action in place.

You still haven't answered the following:

How did you pay the deposit for the finance? (PCP) The answers can be cash, cheque, debit card, credit card and bank transfer.

[hellblazer32]

I haven't asked you to do anything yet. Difficult to put a plan of action in place.

You still haven't answered the following:

How did you pay the deposit for the finance? (PCP) The answers can be cash, cheque, debit card, credit card and bank transfer.

So the PCP deposit, most was bank transfer but put £1000 on a credit card.

[echat11]

O.K. Make a Section 75 claim against your Credit Card provider.Call them, but back it up in writing, make sure get Proof of Postage.

You are making a claim for the whole amount (purchase of the car). Send a copy to the dealer / finance company to, again make sure you get Proof of Postage.

https://www.citizensadvice.org.uk/co...edit-provider/

You can still try to resolve it with the dealer, but at least you've got the Section 75 started.

[hellblazer32]

O.K. Make a Section 75 claim against your Credit Card provider.Call them, but back it up in writing, make sure get Proof of Postage.

You are making a claim for the whole amount (purchase of the car). Send a copy to the dealer / finance company to, again make sure you get Proof of Postage.

https://www.citizensadvice.org.uk/co...edit-provider/

You can still try to resolve it with the dealer, but at least you've got the Section 75 started.

Thanks for the response again and the link.
It says up to £30k, the car is almost £100k so surely I can't do it that way with my credit card?

[echat11]

Thanks for the response again and the link.
It says up to £30k, the car is almost £100k so surely I can't do it that way with my credit card?

No, in that case it won't help. Follow the advice in post 2.

Update the thread with their responses. There are further actions you can take.

[hellblazer32]

No, in that case it won't help. Follow the advice in post 2.

Update the thread with their responses. There are further actions you can take.

So I sent an email to them this afternoon explaining myself quite clearly.
They responded saying they were unaware of what is currently wrong and when i visited etc so will explain it to him again and then at the end said
"At this time I would not be in a position to move forward with a refund until I can review these items and worked with the manufacturer to find a resolution."

[echat11]

Have you sent the template? To both the dealer and finance company.

[hellblazer32]

Have you sent the template? To both the dealer and finance company.

Hi,
Am I being stupid on where this template is?
Thanks

[echat11]

Hi,
Am I being stupid on where this template is?
Thanks

Amended correctly, to reflect that you seek a refund.

https://www.which.co.uk/consumer-rig...s-aAnMC5b0ZzJb

Explain that they've attempted a repair which hasn't resolved the issue.

[des8]

You should also be keeping the finance company informed.
At the end of the day they own the car!