Fault with used car purchased from chain dealership

[Cmartino]

Hi everyone,

 

Thanks for your time.

 

on 26th May 2018 I purchased a 2014 Mercedes-Benz E220 from V12 Sports & Classics Hinckley. A large dealership with multiple branches.

 

I’ve owned the car now for just over two and a half months, and it has began to develop a loud metalic rattle on startup when the engine is cold. Initially I wasn’t too concerned as the car had a 128 point check from the AA prior to being sold and came with 3 months warranty.

 

after calling around a few Mercedes specialists, they all concluded the same point... the timing chain was failing.

 

I booked the car in to a warranty approved workshop I’ve used in the past and they diagnostic the issue as being the timing chain, they accordingly contacted the AA warranty or “Motorway Direct” seeking authorisation to repair the fault.

 

They responded with “ask the customer to give authorisation for a strip down and send us the findings”.

I obviously had no choice at this point, and to get to the point whereby they could supply the evidence the warranty company wanted, it was a complete engine removal and strip.

 

they send off all the relevant pics and videos to the warranty, whom come back to say we are sending and independent inspector to have a look at the car.

 

The inspector comes out and then submits a report to the warranty company suggesting it’s “Wear and Tear”.

The car has 92,000 miles, a full Mercedes-Benz service history and has never been late for a service.

 

I contested the decision since I’d now be forced to pay the £1650 bill to complete the job given the engine is now already out of the vehicle, but they said their decision was set.

 

Not feeling too concerned I contacted the selling dealership V12Sports and Classics feeling confident after reading they are liable for the first 6 months according to the consumer code, they came back after a few hours of deliberation to say they sided with the AA warranty and weren’t going to contribute or pay for the work and advised I seek assistance from my finance HP provider.

 

I’m at a total loss, I feel somewhat that my rights have been violated and have had wrong done to me here.

How can they class timing chain failure as wear and tear, if it’s stretched it’s failed... even then it doesn’t happen in the 2,000 miles or 2 1/2 months I’ve owned the car... what’s my rights here guys?

 

Thanks!

[king12345]

It depends what service schedule the chain is subjected to.

 

As far as I know, cars with chain instead of cambelt don't need replacing, but i might be wrong.

 

In any case you're right as the fault appeared within 6 months it is assumed it was present at time of purchase, but the dealer would argue that there was no noise and hence no problem at the time.

 

Of course nobody can predict what will happen inside an engine until it happens, so I think the AA is not at fault either.

 

Check with Mercedes about the chain and if it's not a serviceable part, then you might have a claim.

Edited August 24, 2018 by dx100uk
spacing

[Cmartino]

Just spoke to Mercedes customer service, lady on the phone said she’s going to write an email stating it’s a none service item.. let’s see how it goes!

Thanks for the advice

[BankFodder]

Under the Consumer Rights Act and in respect of any item you purchase which develops a defect within the first 6 months you are obliged to give one opportunity to repair the item after which it must be replaced or refunded at your option

write formal letter pointed this out and telling them that you are researching your consumer rights under the act

you should do this even if you think that they are agreeing to help you because you need to reserve your position

[mch1991]

The retailer (the car dealership) is responsible to fix any faults within the first 6 months (the first 30 days afford the consumer the right to reject the vehicle if a fault occurs).

 

Stop messing around with other companies, you should simply be going after the dealership. Personally I'd give them one chance to make payment, then I'd issue a letter before claim affording them the opportunity to pay the invoice, failure to do so should lead to proceedings being issued.

 

I retail higher end vehicles for my own business, the law is very clear on the obligations dealers have to their customers. I'd say a majority in the motor trade will issue a pointless, worthless warranty to try to divert their obligations to customers, these ADR schemes are utterly pointless and biased towards the dealerships.

 

When I get the odd fault on a vehicle I've retailed, I'll ensure its repaired asap at no cost to the customer and as quickly as possible.

[Cmartino]

Update on this, thanks for everyone’s comments.

 

AA came back saying they won’t cover it under the ground of the vehicles “service life”, car has never missed a service all by the main dealer and 92,000 miles.

 

I contacted the selling dealership who said they agree with the AA’s decision and won’t be paying for the repair and I quote “because no part has actually failed and it was in fact just a noise, we won’t be covering it... at the end of the day they are used vehicles”.

 

I’ve raised the dispute with the finance company who I bought the vehicle via.

 

The garage the vehicle is being repaired at is also sending me an email stating they believe the fault to have been present at the point of purchase.

 

Any help on this id appreciate, here is an email I got from Mercedes-Benz regarding the timing chain

 

“Thank you for contacting Mercedes-Benz Customer Service regarding the change cycle of your timing chain. One of the main reason Mercedes-Benz use a timing chain is due to its physical properties that make it superior to the belt, as a manufacture we have done excessive testing of the chains and there is a possibility of the chain lasing the life of the engine this is why the is no set service schedule. We do advised that the is a possibility of the surrounding chain guids to wear creating noises and other characteristics that would indicate the timing chain need to be checked.

 

 

 

Should you have any further requirements please do not hesitate to contact me or any of my colleagues.“

[mch1991]

Why aren't you listening? Stop messing around with worthless warranty companies that have no interest in paying out, send the invoice to the dealership attached to a letter before claim, allowing them 30 days to pay it, if they fail, then issue a County Court claim against them.

 

The Consumer Rights Act 2015 is abundantly clear in that it sets out a retailer has to repair any defects within the first 6 months, the dealership cannot "opt out", that's the law.

 

Report them to trading standards also.

[buyer-beware]

Don’t mislead this gentleman, you neglect to state the CRA proctects sellers and buyers equally. The CRA states very clearly faults which occur due to the age and mileage / fair wear and tear are excluded. End of.

 

If the retailer inspected the car thoroughly prior to sale and the customer has signed the PDI then he’s put a nail in his own coffin. The best chance he has is to ask for a contribution as a gesture of goodwill from the dealer.

 

Buyers of older, higher mileage used vehicles need to understand maintaining their car is their responsibility, not the retailers.

[Cmartino]

Why aren't you listening? Stop messing around with worthless warranty companies that have no interest in paying out, send the invoice to the dealership attached to a letter before claim, allowing them 30 days to pay it, if they fail, then issue a County Court claim against them.

 

The Consumer Rights Act 2015 is abundantly clear in that it sets out a retailer has to repair any defects within the first 6 months, the dealership cannot "opt out", that's the law.

 

Report them to trading standards also.

 

Sorry I am listening, just completely new to chasing this through the appropriate legal channels, never been "done over" by a dealer before since I'd previously bought all my cars brand new from Vauxhall who've always bent over backwards in terms of customer support and warranty.

 

I've raised the issue with the finance company, who are presently chasing it on my behalf. Should I also send a letter or email to the dealer with a copy of the invoice or something?

 

Thanks.

[Cmartino]

Sorry I am listening, just completely new to chasing this through the appropriate legal channels, never been "done over" by a dealer before since I'd previously bought all my cars brand new from Vauxhall who've always bent over backwards in terms of customer support and warranty.

 

I've raised the issue with the finance company, who are presently chasing it on my behalf. Should I also send a letter or email to the dealer with a copy of the invoice or something?

 

Thanks.

 

 

Update - dealer principle rang they’re paying for the work. Seems a coincidence he calls just hours after I went around leaving bad reviews on ever site they use.

 

Thanks for the advice everyone.

[buyer-beware]

I’m glad it’s sorted. Can’t see any bad reviews left? Did you remove them ?