MB Finance, Faulty car, and VT

[Craig_F]

My wife obtained a Smart FourFor on finance from MB in March 2015.

In the first year and last year it has gone back numerous times for the same fault which MB seem to be unable to resolve.
Faults include: Creaking steering, stop/start failing to work, cruise control running out of control.

In December 2015 we advised them in branch we were rejecting the car as it was of unmerchantable quality under SOG. We have the emails to confirm this.
By September 2016 we were advised by the dealer princple that he would take care of it. Nothing happened except a token meeting.
It was also escalted to MB as a complaint, who referred us back to the dealer.

My wife has now paid more than 50% and I understand she is allowed to excercise VT which she wants to do.
She does not have a contract (it was not provided when collecting the car or before) but believes she agreed to a 10,000 annual milage.
She has curerntly covered 32000 miles.

I feel she may be charged excess milage, but I loath to pay MB any further money could the faults with the car and the resultant complaint be used to mitigate any charges?

Any opinions or advice welcome.
Thank you.

[R0b]

Re: MB Finance, Faulty car, and VT

Hi Craig,

As far as using the complaint against MBFS against any excess mileage, it is possible to do but I'm not so sure it will stick. This is because you said you rejected the car but have subsequently carried on using it and therefore given the lapse of time it is likely to be deemed that you have now waived your right to reject the car and/or terminate the agreement without liability. If you are going to do something like a rejection of the car because it was not fit for purpose or of satisfactory quality, then you really need to follow through with it.

I am going to speculate that you will be in the same boat as every other MBFS customer though your liability is probably going to be small so they may not find it commercially viable to pursue you. For example if we assume your wife has exceeded the mileage by 4,000 pro-rata and taking into account the common charge for excess mileage being around 8p per mile, it would come to around £320.

Whether you want to defend any claim MBFS might pursue against you is up to you.