Rejecting a car from Mercedes Benz

[Kate19751]

Hi wondering if anyone is able to offer some guidance. As a very nervous driver who does not drive on certain motorways. It is in relation to a car accident from years ago that I have recently still received therapy for. I have an issue with buying what I believe to be a safe reliable car and therefore have purchased brand new Mercedes cars for the last 10 years. For some reason it gives me piece of mind and makes me have less anxiety driving in one of these cars, that is until recently. I have Mercedes for several years never had an issue until I bought a brand new car in sept this year for a sum of £30000. I collected the car on the 20 sept 2019 to find the car brakes on its own mid drive while driving the car home when it got on my drive it was leaking a yellow greasy substance. I contacted Mercedes and advised them in writing I was rejecting the car. Mercedes collected the car on a loader the cardboard I placed under the car showed significant leakage of a yellow substance clearly shown on a video I took, the car went in for inspection on 23 sep 2019. This inspection video was sent to me showing my brand new car stripped down and showing the container showing brake fluid as yellow the same that was on the cardboard but it was still full. They went to the coolant container and this was pink and it was leaking although they said they were putting the car under pressure. The liquid leaking was pink. They have had the car under inspection for a full day and still unable to find a fault but they will continue to strip the car further. I do not want this car returned to me it has 38 miles on the clock and clearly leaking a fluid that they are not acknowledging but continue to maintain the car is only leaking coolant. Understandably I do not trust this garage and I do not want the car as I personally know I will not drive it as I will be apprehensive causing me further anxiety. I have Mercedes finance on the car including a large deposit. The garage ignore my requests to reject the car and continue to inform me of its progress as through I am going to take the car back. I feel I will be forced to take legal action. The ombudsman said I have to give them an opportunity to fix the car. If this had been an issue with a light or sensor I would happily accept a repair but engine issues will frighten me and I know I won’t get in the car. Any help would be appreciated. I would also be happy to take legal action but as a litigant if anyone has any advice.

[des8]

Hi and welcome.


Firstly the ombudsman is incorrect.
If you rejected the vehicle as unsatisfactory within the first thirty days after delivery the dealer does not have the right to repair.

However it is for you to prove the vehicle was unsatisfactory, because of the alleged fault.
If the dealer cannot identify a fault they will probably not accept the rejection, especially as they seem to be diligently searching for the fault.
This may cause problems as you will then have a difficulty proving its existence in court,
As you purchased the vehicle on finance, you must keep the finance house informed as they are owners of the car, and you should send them notice of rejection

I believe Merc brake fluid is pale clear amber colour