What should I do?

[Guest]

Feel very stupid but think I’ve bought a wrong’un!
Even though the advert didn’t mention service history, I purchased a 4 year old very low mileage Mercedes car (formerly a fleet lease car) from a dealer at end of November who claimed that the service records were online but had to wait til I got V5 to prove ownership before requesting details from manufacturer...... but surprise surprise they claim there is nothing on their database.
Assumed therefore that vehicle serviced independently so asked dealer to investigate and find service details but now being given the runaround!
Spoke with a Mercedes dealership who cannot give previous owner details due to Data Protection Act but they alarmingly informed me that there are 2 safety recalls outstanding which is worrying!
Gone past the 30 days so asking you legal eagles .....what should or can I do please!?
Thanks in advance

[MIKE770]

ploddertom Des

[des8]

Depends on what you want as an outcome as to how you approach the situation.

There could be offences under the Misrepresentation Act 1967, the Consumer Protection from Unfair Trading Regulations 2008 and Consumer Rights Act 2015

Are you looking to unwind the contract or obtain damages/refund some of the price but retain the vehicle?

[ploddertom]

Sorry but not my field.

[Dogbolter60]

ploddertom Des

Depends on what you want as an outcome as to how you approach the situation.

There could be offences under the Misrepresentation Act 1967, the Consumer Protection from Unfair Trading Regulations 2008 and Consumer Rights Act 2015

Are you looking to unwind the contract or obtain damages/refund some of the price but retain the vehicle?

Thanks for your reply Des8.
I like the car but I’m now not sure what to do so I’m asking my legal position before proceeding further as it seems to me that all is not what it seems as I’m also now experiencing coolant level loss!
I know I’ve been hoodwinked and realise that ultimately the buck stops with me as I bought the car knowing there were issues regarding mileage and service history and expect the fleet company decided to service in-house to keep costs down but why would they choose to ignore the safety recall issues, the first of which was 9 months after registration and the second one after 18 months!? Then the dealer having purchased the vehicle, is it legal to market a vehicle with outstanding safety recalls on?
Before I decide to keep the car, obviously these safety issues need to be addressed but for peace of mind, I would need a full service/ check over to ensure there are no demons and possibly a partial refund if there are no service records as promised since I understand that I possibly stand to lose up to 25% if and when I try to resell in the future.
What what you do in my position as I’m in a quandary?
Thanks

[Scot22]

Do you belong to a motoring organisation that might give you advice ?

[Dogbolter60]

Do you belong to a motoring organisation that might give you advice ?

We have AA cover which was offered free and we upgraded it so depending on advice here I may try that too. Thanks

[des8]

Just tell the dealer (in writing) what you want.
Remind him he has broken the law by selling a vehicle with a safety recall outstanding.

How did you pay for this vehicle/ Finance/credit card/cash?
If on finance keep finance house informed as it is their car and the people you should be dealing with.
If credit card, depending on price, you could make a section 75 claim.

What I would do is neither here nor there.
It is your decision to make.
All we can do is give you pointers on how to resolve the matter when you have decided


interesting read for you: https://assets.publishing.service.go...ed-vehicle-ind

[Dogbolter60]

Thanks for your reply Des8.
I like the car but I’m now not sure what to do so I’m asking my legal position before proceeding further as it seems to me that all is not what it seems as I’m also now experiencing coolant level loss!
I know I’ve been hoodwinked and realise that ultimately the buck stops with me as I bought the car knowing there were issues regarding mileage and service history and expect the fleet company decided to service in-house to keep costs down but why would they choose to ignore the safety recall issues, the first of which was 9 months after registration and the second one after 18 months!? Then the dealer having purchased the vehicle, is it legal to market a vehicle with outstanding safety recalls on?
Before I decide to keep the car, obviously these safety issues need to be addressed but for peace of mind, I would need a full service/ check over to ensure there are no demons and possibly a partial refund if there are no service records as promised since I understand that I possibly stand to lose up to 25% if and when I try to resell in the future.
What what you do in my position as I’m in a quandary?
Thanks

On reflection after posting this last message, I think I should also fill you in on the mileage issue and why I’m in a quandary.

My partners car was burning quite a lot of oil so we needed a replacement quickly so that forced my hand but I still can’t believe that I was so naive trading in at a very low price and proceed with the purchase!

The Mercedes had its first MOT in December 2019 which initially failed on a brake issue but also had an advisory issue on slight damage to a tyre wall but I can live with that and rectify in near future ! However the vehicle was then next MOT’d in September last year supposedly by the dealership in order to sell on but between the two dates it had only done less than 250 miles!!! I obviously queried this and was told that this was most likely down to Covid which I took with a pinch of salt but still proceeded like a fool. The promise that the service history online made it more plausible but in hindsight I should have walked away!

Therefore the very low mileage coupled with the absence of the service history made me very suspicious and as I said previously, I contacted Mercedes who told me of outstanding safety recalls and the subject of clocking was discussed and I know that the past crude methods have been advanced.

[ostell]

Look up the MOT records and see what mileage was recorded.

[Dogbolter60]

Just tell the dealer (in writing) what you want.
Remind him he has broken the law by selling a vehicle with a safety recall outstanding.

How did you pay for this vehicle/ Finance/credit card/cash?
If on finance keep finance house informed as it is their car and the people you should be dealing with.
If credit card, depending on price, you could make a section 75 claim.

What I would do is neither here nor there.
It is your decision to make.
All we can do is give you pointers on how to resolve the matter when you have decided


interesting read for you: https://assets.publishing.service.go...ed-vehicle-ind

Sorry..... just saw your reply after I posted mine!
I appreciate you can’t tell me exactly what to do but only give me pointers but I don’t know what to do for the best not knowing the laws.
Ok to your advicevand maybe my last info tells you why I’m confused as well as stupid !
In answer to your question, we paid on 2 debit cards

[Dogbolter60]

Look up the MOT records and see what mileage was recorded.

First MOT at end of 2019 after 3 years was 20,000 which for a fleet car is suspiciously low I’d say!

[des8]

So you have options of rejecting vehicle completely and recovering the full purchase price ( if necessary via court action or using debit card chargeback system)
or obtaining a price reduction.(if necessary via court action)
or getting the dealer to put things right,

[Dogbolter60]

So you have options of rejecting vehicle completely and recovering the full purchase price ( if necessary via court action or using debit card chargeback system)
or obtaining a price reduction.(if necessary via court action)
or getting the dealer to put things right,

Appreciate your advice .....and yes I’ve yet to decide what to do.
From what I’ve learnt, I have a case that cannot be dismissed by the dealer as I was told that their liability basically ended once we parted with our money!
I now feel more confident to move forward
Thanks