BRM Select cars - Sold Mercedes not as advertised ***Resolved with Full refund***

[Catter]

Firstly, Hello to all fellow members, from me a new member but long time reader. nice to join the ranks.

 

On 22/11/21 i bought a Mercedes c250 from BRM specialist cars, Scunthorpe. 2014. 73700 mls. The car was advertised with a good spec. including the xenon lighting system, which was one of the specs. i required.

 

My  inspection/test drive was in daylight. A lot to take in with this car, thus i relied on the description/spec. being accurate.

 

Last week, during my first nightime drive, the lights proved to be woefully inadequate. On inspection it is now obvious that xenon lights are not fitted. Halogen bulbs are fitted. This is confirmed by an independent Mercedes specialist.

 

My telephone calls to BRM cars requesting a reject and full refund on the grounds of incorrect description, ended with a point blank refusal by the dealer.

I have now emailed my request to them and await the response.

 

I think this will be interesting .

Edited December 20, 2021 by dx100uk
formatting

[Catter]

Hi stu007. Yes that is the company. I got the name wrong on my post, sorry.

 

Hi BankFodder.

Thanks for your interest so far.

 

I would prefer to not put my emails up at this time. Briefly, i have outlined to them the problem i find with a mis-described car.     I have asked for a full refund and asked them to take the car back.

 

I have pointed out that, under the Consumer Rights Act(2015) i have the right to a full refund, if the goods are not as described, Within 30 days.

 

I have given them 7 days from the date of my email (20/12/21) to favourably respond. I have informed them that a failure to favourably respond will lead to legal action using the CRA.

 

Also i informed them, that to ignore the findings under the CRA will lead to a criminal conviction.

 

Today, i have sent a second confirmation email to them. Also informing them that the car is secure and in the same condition as when purchased, +500 miles.

 

The car is a Mercedes c250cdi  Premium plus. 2014. 73700 miles. Some service history. 3 owners. £13450          Good specification, apart from the lights being the wrong spec.

 

Unfortunately i paid a cash deposit and bank transfer for the balance. I now realise my error in not paying by card.

 

At this time, i have had no response from BRM cars.

 

 

BankFodder

 

I would be interested in the content of your Facebook message to BRM cars.

 

TIA

[Catter]

 

Hi all. These are the emails i have sent to BRM select cars.

 

emails1.pdf

[Catter]

Hi BankFoddder.

 

I have uploaded the emails i have sent to BRM select cars, just a little while ago.

 

The person i dealt with is called Harry Bing.

 

'IF' the lighting system was correct, as advertised, i would keep the car.

 

The cost to convert to the correct spec. Would involve changing the complete headlamps, adding motors for directional system, wiring the whole lot into the ecu and reprogramming. Who knows?, perhaps £5-6k.?

 

I know i read somewhere, perhaps on this forum,? that to ignore the findings under the CRA, would/may lead to a criminal conviction.

 

Thanks for the copy of your fb message.

[Catter]

Hi stu007

 

Yes, you have the correct details for the car. And yes, that is the lighting spec.that should be installed.

It is called 'intelligent lighting system' automatic levelling, directional following steering, oncoming vehicle sensors etc. That is why i bought the car, i had researched for that spec.

 

None of the above lighting system is fitted.

 

I have printed off and kept, a copy of the ebay advert on which i first saw the car advertised.

 

I did have a look at the mot history. That doesn't show any dubious information.

 

The HPI check i had done after discovering this light problem, shows that the car should be fitted with LED headlamps. This is also incorrect. Halogen bulbs are what the car is fitted with.

 

None of the documentation from the dealer mentions xenon lights. But their advertisement and verbal confirmation certainly do.

 

I will have a read of the AA links thankyou.

[Catter]

Hi BankFodder.

 

I am somewhat offended, that you imply, that i do not know what i am talking about, when i said, to ignore findings under the CRA is a crime. Surely those findings are legally enforced? then, to ignore that legal enorcement is to commit a crime.?

 

Briefly,The Legal Aid Sentencing and Punishment of Offenders Act (2012) Commencement No11 order 2015   (s1 2015.504) became law. Thus bringing into effect s85(1)(2)and (4) of the above. Magistrates can now issue unlimited fines for breaches of Public Law. Which includes the Consumer Rights Bill 2015.

 

It is certainly not my plan to, consider converting the lighting system, thus, i have not looked at any costings.  I would guess those costs, could be 1/2 again of what i paid for the car. Therefore a guess, so, who knows?

 

[Catter]

BankFodder,

Manxman in exile.

 

My interpretation of the legallities of the CRA is, that to ignore the findings and any directives, can lead to a criminal conviction.

 

Any Court hearing, concerning the CRA, is conducted by a Judge eg. Disrict Judge. County Court Judge.Therefore, to ignore that Courts findings/rulings is a criminal offence.

 

 

The amended rules in 2015 have huge implications concerning all aspects of trade and public laws.

The House of Commons Library is a good source to start your own research.

[Catter]

BankFodder

 

Thanks for the suggestion of getting quotes for a lighting upgrade. I had not thought of that in the manner you present. I will get some quotes for the job.

 

The dealer BRM select cars is about 50 miles from me. They were the closect i could find that had a car with the spec. i required. Which turned to be incorrect, as i have discovered.

 

[Catter]

dx100uk.

 

I stated that ignoring findings under the CRA. is a criminal offence.

 

I am using the scenario that a trader totally ignores any findings/directives. Then Trading Standards could/should become involved and assuming continued ignoring/non compliance, TSO can take criminal court action. Penalties can imposed and convictions.

 

Ref. Business Companion (Trading Standards Laws explained)

 

I know the above would be the extreme, but it could happen.

[Catter]

BankFodder

dx100uk

Manxman in exile

stu007

 

I have re read all my posts on this subject and realise that i have been coming across as a complete T*T. I humbly apologise to you all for that.

 

I recieved an email attachment from this dealers solicitor this morning.

 

As it is the Christmas nothing can be done at the moment, so i will post further in a couple of days.

 

I wish you all a Merry Christmas.

[Catter]

Hi all. 

 

I hope you all had a nice peaceful Christmas.

 

Thankyou all for your kind replies.

 

Manxman in exile.

 

Bit off topic. The MV is a very good replica of Giacomo Agostinis bike from the late 1960s. The small group also have a Mike Hailwood Honda 6 replica, from the same period. Man, you should hear that Honda running, wow.!

 

I was there on the IOM when that epic duel between those 2 for the senior race took place. 1969 i think.

 

Sorry, back to business .

 

I will post up the following. A letter i sent to BRM select cars. 

 

Email from BRMs Solicitor received on the same date.

[Catter]

Letter sent and email received

 

 

docs1.pdf

Edited December 27, 2021 by dx100uk
pdf's merged and properly redacted you left reg on every page

[Catter]

Yes, that's what i think. Had a phone conversation on Thurs 2312/2012 with Harry Bing of BRM cars.

To check if they received my emails.

 

He was pretending to be just the salesman.' Out of my hands, with my bosses' and all that.

He is actually the proprietor, i was told when i visited.

 

Their Solicitor has taken my 'choosing a particular spec of car' completely out of context. Oh dear!

 

I have not got quotes for fitting the correct lights yet, everywhere has been closed for Christmas.

Calling on the local Mercedes dealer tomorrow(if their open) to get a quote and ask if they can call

up the build spec.

 

Will also get on the Mercedes website to see if i can find a build list.

 

Second hand light units of the correct spec are £450/500 on ebay. Thats without all the other bits

plus labour.

 

Manxman in exile.

 

Sorry that TT i refer to was 1967. I'm getting old. haha

 

[Catter]

Hi all.

 

I have not yet obtained a quote for upgrading the light system. Awkward with the Christmas hols.

 

Their 'Solicitor' office is closed until 04/01/2022. I will be following advise to check their qualifications etc.

 

stu007 thanks for the links to the company house data. Most enlightening and very useful.

 

pdf of

the original ebay advert which i relied on.

And the part spec list for the car from HPI database.

 

 

 

docs2.pdf

Edited December 30, 2021 by dx100uk
pdf's merged

[Catter]

Hi all. Happy New Year.

 

As advised, i contacted Lawgistics to clarify their qualifications. To date i have had no reply.

 

The person i dealt with at BRM Select cars calls himself Harry Bing. His real name is Sukhvinder Singh. He is listed on Companies House as Director with 3/4 control.

 

I find it impossible to get a quote to upgrade the light system. My local Mercedes dealer called up the build spec. today. The car was built with the halogen light system from new.

 

I was advised that an upgrade to zenon or led is totally unviable. The wiring and control systems would be incompatable. Also there would possibly be a problem with fitting upgraded lights to the existing bodywork.

 

Therefore I do not think upgrading the lights and sueing for the cost is an avenue that i can use.

 

My intention now is to send a Letter of Claim to BRM Select cars Ltd. as soon as possible, basing my claim on my rights under the CRA 2015.

 

In the meantime i will have to read up on the method for issuing a claim with the Court  under the fast track procedure.

 

When i have it complete i will post it up here for any advice before sending.

 

 

[Catter]

Thanks for that, i will visit the Mercedes dealer again  and see if they would write that up for me.

 

This is the pdf of my letter of claim, what do you think?

File0025.pdf

[Catter]

Sorry can't figure out how to post as text

[Catter]

Will figure out how to post up the text of my letter before action, when next on the desktop comp.

 

Have posted my letter before action to BRM Select cars yesterday. 06/01/22. I have amended the date to that.

 

I have given them 14 days before i issue a County Court claim.

 

I will try to obtain a doc. from the Mercedes dealer that shows this car was built with the halogen lights as opposed

to xenons that i was expecting.

 

My next move is to gen. up on how to issue a Court claim. Any advice would be welcome.

 

done it for you..dx

 

BRM Select cars Ltd
Burringham Road
Scunthorpe
Lincs
DN172AA
0510112022
Ref.
Dear Sirs
Letter of Claim
I refer you to the complaints regarding the above vehicle, as detailed in my previous communications with yourselves. That is, the incorrect and, falsely advertised, lighting system fitted to this vehicle. 

As you have not complied with the rules in the Consumer Rights Act (2015) In issuing a full refund of the sum paid for the vehicle and taking the vehicle
back. I have no alternative, but to issue a claim, in the County Court, against yourselves, This claim will be issued after14 days from the date of your calculated receipt of this letter.

I would prefer to not take the above action. A favourable response from yourselves would avoid you incurring inevitable extra expense.
Yours faithfully
 

Edited January 7, 2022 by dx100uk
pdf text added

[Catter]

Hi all.

 

I have now received a response from the dealers solicitor. Copy posted in pdf.

 

Although i sent BRM Select cars a 'letter before action' on 06/01/22, i am now considering communicating with their solicitor.

That will include a copy of the advert i relied on and a copy of the build spec. i have now obtained from Mercedes, which shows that the car was built with halogen lights, not xenons.

 

That communication will also point out that my terminology of 'particularly choosing' has been used totally out of context in their initial contact email.

 

I feel that if i do not communicate as above, if and when the matter goes to Court, it may count against me as not following procedure.

 

What is your opinion on this course of action please.

File0027.pdf

[Catter]

Update. After sending the dealers 'solicitor' a copy of the advert and a copy of the Mercedes build list, i received a call

from a 'legal eagle'.

 

He said not to go ahead with my planned Court action, he will sort it out. After 1/2hour i had a call from the 

dealer to arrange collection of the car and refund.

 

This matter was concluded last week to my satisfaction, full refund.

 

Thanks all for your advice and time.

 

Regards Catter