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  1. Long story sorry, I bought a car on Monday 200 miles from where I live, test drove ok around town country lanes. 50 miles into my journey home I discovered it had a fault which only showed up on the motorway, causing it to shake violently. They have been fairly responsive to emails but I feel I'm banging my head against a wall, here is the email conversation below. I'm wondering what happens if I drive 200 miles on Thursday and they don't refund me, any advice on the whole situation appreciated. Thanks Ben Hello, I recently bought an S-Class from you, registration XXXXXXX. On the drive home it shook violently when accelerating from 60-70 on the motorway and the air conditioning doesn’t work. I have just been to my local Mercedes specialist for a brief diagnosis, they have said the torque converter is causing the large vibration and the gearbox is juddering also. They estimate this will cost £1600+vat to repair the torque converter and gearbox, plus approximately £200 if glycol is found in the radiator, which is common and contributory to the symptoms. The warranty you put on the car seems to insist on a service history, which I have not yet received, and I am aware that within 30 days you must repair the car free of charge or offer a full refund as obviously the fault was present at the time of purchase. I await your prompt response. ----------------------------------------------------------- Hi Ben, I have spoken to J regarding the issues you are having with the car. He has asked for you to bring the car into us on the 6th of October when he returns from his holiday and will get the car repaired for you. Thank you. Have a good afternoon. Kindest regards, E ------------------------------------------- Hello E Thank you for your prompt response. A month to repair the car is not within a reasonable timescale, also that coincides with my annual holiday. You will need to collect the car as it shakes violently at motorway speeds, it is not reasonable to expect me to drive it 200 miles under such dangerous conditions. I think at this stage it would be best to just return the car for a full refund and I will disregard my costs already incurred. Alternatively, you agree to get the car repaired at my local Mercedes specialist at your cost. I feel returning is the best option, you can repair at your own timescale and resell it for more money to recoup your losses. Regards Ben -------------------------------------- Hi Ben, As J is going away and we have no courtesy vehicles until the first week of October I would ask for you to bring the car in then. We are more than happy to supply you with a courtesy vehicle so you are not without a car whilst yours is with us. We are not able to inspect the car and diagnose it without seeing the vehicle or any proof of the issues your are experiencing. I understand this may be of inconvenience for you to bring the car back for repair, however we are happy to repair the car for you instead of you having to get it done locally to you and being out of pocket. Kindest regards E ------------------------- Hello E You seem to have disregarded what I have said. The car shakes violently at motorway speeds, it is your responsibility to collect the car, I will not risk my life with something that shakes violently at motorway speeds for 200 miles. Again, a month to repair a car is not reasonable. That is the time of my own holiday. If I do not get a satisfactory response today, my next calls are to trading standards and VOSA. By satisfactory I mean 1 of 3 things. 1. You collect the car promptly, leave me a courtesy car, then fix the car to a suitable standard. This doesn't mean in a month's time. Or 2. You agree for it to be repaired locally to me and you pay the bill, if you chose this I will forfeit my right to a courtesy car to save you some money. Or 3. Collect and refund the car in full. If this is agreed today and refunded and collected within a week then I will take it no further and pursue non of my already incurred costs. I am trying to be reasonable despite you gaining my mistrust. If you do not agree to a reasonable outcome, I will be forced to have the car repaired locally and claim from you through the small claims court. I trust you understand I am seriously not happy with the car or your service. In 24 hours I will book the car to be repaired locally and pursue you for ALL of my costs. Regards Ben --------------------------------- Hi Ben, Apologies if you feel I have disregarded what you have said but my hands are tied of you cannot get the car into us for further inspection. As I am sure you will agree when you and I took the car out for a test drive the car drove very smoothly without any issues. As you are refusing to bring the car back to us I will forward this matter to our legal time who will be in touch with you very soon. Kindest regards, E ------------------------------ Hello E You leave me no choice but to return the car under my short term right to reject. Under the consumer rights at 2015, I do not have to give you the opportunity to repair the vehicle within 30 days. I will be returning the car for a full refund. I have spoken to trading standards and they have taken your details. I will be returning it on Thursday the 22nd of September and you will refund me in full. Regards Ben ------------------------------ Hi Ben, Would you be able to please send me diagnostics that you have from your specialist you took the car to? This would help us to determine whether or not we could cover the cost for your repairs to save you having to bring the car back to us in London. I would like to do all I can to help, so I would like to know a breakdown of the cost that I can put to J. Thank you E ---------------------------- Hello E, I refer you back to my original email. On the drive home it shook violently when accelerating from 60-70 on the motorway and the air conditioning doesn’t work. I have just been to my local Mercedes specialist for a brief diagnosis, they have said the torque converter is causing the large vibration and the gearbox is juddering also. They estimate this will cost £1600+vat to repair the torque converter and gearbox, plus approximately £200 if glycol is found in the radiator, which is common and contributory to the symptoms. This doesn’t take into account the air conditioning not working, there are also a few other faults I have not mentioned, whilst less severe, which should be fixed, the coil light comes on which possibly means 1 or more glow plugs have gone. There is also a knocking noise from what I suspect is the rear suspension. As I said before, at this stage I insist (as is my legal right) that the car is returned for a full refund, I feel this is best as the repair bill is going to end up over £2000+vat, I’m quite sure you likely don’t have £2000 mark up on it, so best it is returned, sorted in your own time and you can resell it with a fresh gearbox for an increased value. As per my previous email, I will be returning it on Thursday the 22nd of September and you will refund me in full. Regards Ben --------------------------------- Please send the reports from the professionals you have taken it to so I can forward these onto our legal team. As I stated James is not in the country until 5th August so I will not be able to do anything until he is back in the country. The vehicle cannot be taken out of your possession without the logbook that was sent off to the dvla on the day you purchased the vehicle as it will be sent to you over the next 3-6weeks. Thank you for this. Good evening E --------------------------- Hello E, Never did I mention reports or diagnostics which you request, I said: I have just been to my local Mercedes specialist for a brief diagnosis, they have said the torque converter is causing the large vibration and the gearbox is juddering also. They estimate this will cost £1600+vat to repair the torque converter and gearbox, plus approximately £200 if glycol is found in the radiator, which is common and contributory to the symptoms. You are welcome to call them and discuss the car http://www.broadleyandholmes.co.uk/ I’m sure they’ll remember as it was only 2 days ago. If you wish them to do a full inspection and diagnosis of the entire vehicle then please arrange it and I will take it there, but it will be at your cost. Under the Consumer Rights Act 2015 the law considers a fault to be what a reasonable person considers a fault. It doesn’t take an engineer to see there is a serious and dangerous fault with the car, along with several minor faults. I have no interest whether J is in the country or not, I dealt with you for 90% of the sale acting on behalf of xxxxxxxxx Ltd, issuing a refund is as simple as taking a payment. The V5 is of no consequence, it is not proof of ownership, I can forward it when it arrives or you can request it from DVLA. Now please stop trying to delay, avoid and deflect your legal duty, you are bound by law to accept this car, whether you like it or not I will get a refund and return the car, if I have to involve trading standards further then I will do so, but I’d much rather it just be a smooth return and refund. I will be returning it on Thursday the 22nd of September and you will refund me in full. Regards Ben ----------------------------- Hi Ben, Apologies for the late response. Our legal team will respond to you by close of play Monday . Thank you Have a good weekend. E
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