New car - rights to reject
Discussion
My 1 month old SL400 has been in the dealers for two weeks solid now (after an initial day when it was a week old) to try and fix a gearbox problem, along with a rattle. They initially felt it was software issue but the problem came back after approximately 30 minutes of driving. They're now replacing the gearbox control box.
I'm keen to get your opinions on what I should do? The dealer are trying their best but I'm so upset this has happened to an £80k+ car...
Is Mercedes reliability this rubbish normally? Do I have grounds to reject?
I'm keen to get your opinions on what I should do? The dealer are trying their best but I'm so upset this has happened to an £80k+ car...
Is Mercedes reliability this rubbish normally? Do I have grounds to reject?
I successfully rejected my brand new SLK55 AMG, but it was after they had worked on the car for over 6 weeks. You have to give them "reasonable time" to fix it. Obviously "reasonable" is very subjective but once they had had the car for more time than I had driven it I decided enough was enough. I think the process was made a lot easier for me because I requested a new C63 instead. I imagine I would have had more of a battle if I had just demanded my money back. That's not to say that you shouldn't demand your money back, just giving you my story really.
Make sure you make a note of everything that goes on. Every phone call, everything they say they changed, everything that they said was wrong with it and obviously note down each day it is with them.
Good luck!
Make sure you make a note of everything that goes on. Every phone call, everything they say they changed, everything that they said was wrong with it and obviously note down each day it is with them.
Good luck!
As mentioned already , you should give them a reasonable timeframe to resolve the problem , on a one month old car I would say one more week ,however this is subjective .
I would be writing a letter to the DP copied to MBUK giving them a fixed date when you expect to get your vehicle back fully fixed , reserving the right to reject or replace with like for like if they (1) exceed the timeframe or (2)if the fault persists .
If this letter was to come from your solicitor then all the better as this approach tends to focus attention .
BTW , what is the problem with the transmission ?
I would be writing a letter to the DP copied to MBUK giving them a fixed date when you expect to get your vehicle back fully fixed , reserving the right to reject or replace with like for like if they (1) exceed the timeframe or (2)if the fault persists .
If this letter was to come from your solicitor then all the better as this approach tends to focus attention .
BTW , what is the problem with the transmission ?
Rejection is a contractual remedy. You have to be clear who you are dealing with.
In the case of a true sale, there is a contract of purchase and sale between customer and dealer. You may reject the car if it is not of satisfactory quality. You do this by communicating to the dealer an unequivocal election to reject, usually by delivering the car, the keys and the registration documents to the dealer together with a letter stating that you reject the car and require your money back. You may claim your money back.
If the car is leased or on HP, then there is no contract of purchase and sale with the dealer: your contract is with a finance company. You may reject the car and recover any moneys laid out under the lease/hire contract again if the car is not of satisfactory quality. You do this by communicating to the finance company an unequivocal election to reject. Delivering the car back to the finance company is more difficult, if only because they probably have no nearby or obvious facility at which you can leave the car, just an office somewhere. You would write to the finance company and tell them that you have rejected the car, enclosing the registration documents, telling them where the car is and offering to deliver it to them at any reasonable place of their choosing and at your own expense.
The fact that you have been attempting to resolve the defects over a period of four weeks is unlikely to mean you have lost the right to reject. There are no hard and fast rules, but I would not leave it any more than there months. You have to make your mind up. Rejection is high risk and not for the faint of heart or shallow of pocket. Usually for a period of many months you will have neither the car nor the money but only an expensive dispute.
In the case of a true sale, there is a contract of purchase and sale between customer and dealer. You may reject the car if it is not of satisfactory quality. You do this by communicating to the dealer an unequivocal election to reject, usually by delivering the car, the keys and the registration documents to the dealer together with a letter stating that you reject the car and require your money back. You may claim your money back.
If the car is leased or on HP, then there is no contract of purchase and sale with the dealer: your contract is with a finance company. You may reject the car and recover any moneys laid out under the lease/hire contract again if the car is not of satisfactory quality. You do this by communicating to the finance company an unequivocal election to reject. Delivering the car back to the finance company is more difficult, if only because they probably have no nearby or obvious facility at which you can leave the car, just an office somewhere. You would write to the finance company and tell them that you have rejected the car, enclosing the registration documents, telling them where the car is and offering to deliver it to them at any reasonable place of their choosing and at your own expense.
The fact that you have been attempting to resolve the defects over a period of four weeks is unlikely to mean you have lost the right to reject. There are no hard and fast rules, but I would not leave it any more than there months. You have to make your mind up. Rejection is high risk and not for the faint of heart or shallow of pocket. Usually for a period of many months you will have neither the car nor the money but only an expensive dispute.
Edited by r129sl on Saturday 28th February 21:59
Thanks for your feedback. The issue is with clunky gears, mostly downshifts. The technician has acknowledged the issue but MB DE have been scratching their heads which is what has taken so long. I'm hoping this control box sorts it. I know rejection sounds messy so I would just wish they sort it once and for all 
A member on one of the Merc forums is in the process of having his C Class replaced after the engine blew up at 300 miles. They did at first try and say he's mis-fueled it, until he pointed out it was still running on the initial fuel the car came with.
MB aren't going to volunteer to replace it - you're going to have to write to them and formally reject the car.
IANAL but don't think the advice about giving them chance to fix the car is correct, however the more clear cut the issue is, the better. The engine blowing up is pretty black and white - the car ceases to function as a car so it's not fit for purpose. But clunky gears and a rattle?
MB aren't going to volunteer to replace it - you're going to have to write to them and formally reject the car.
IANAL but don't think the advice about giving them chance to fix the car is correct, however the more clear cut the issue is, the better. The engine blowing up is pretty black and white - the car ceases to function as a car so it's not fit for purpose. But clunky gears and a rattle?
The dealer offered to replace the vehicle and then went back on their word because apparently rattles don't detract from driving pleasure. The issue is clear cut and at no point has anyone denied they are present!
Do you have the link re: the C class so I can get some idea on the process?
Do you have the link re: the C class so I can get some idea on the process?
AR101 said:
The dealer offered to replace the vehicle and then went back on their word because apparently rattles don't detract from driving pleasure. The issue is clear cut and at no point has anyone denied they are present!
Nothing that might involve the law is clear cut! There is an often referred to case of a guy with an Audi that veered to the left (just like all MB's do!) that Audi fought (and won) all the way and it cost the guy £100K+.AR101 said:
Do you have the link re: the C class so I can get some idea on the process?
http://forums.mercedesclub.org.uk/showthread.php?t...He doesn't seem to have had a lot of hassle to get the car replaced. I would urge caution though - a failure that renders the car un-driveable isn't the same as one which just makes the car a bit less pleasurable to drive.
I would think the time your car has spent at the dealer should work in your favour though.
AR101 said:
The dealer offered to replace the vehicle and then went back on their word because apparently rattles don't detract from driving pleasure. The issue is clear cut and at no point has anyone denied they are present!
Do you have the link re: the C class so I can get some idea on the process?
The process is easy: you take the car back to the person you bought/hired it from, hand over the keys and the registration document and tell him you are rejecting it because it is not of satisfactory quality. Then you leave in a taxi. It is best to do this in writing (the communication, not the departure by taxi).Do you have the link re: the C class so I can get some idea on the process?
The difficult bit is whether you are entitled to reject or not. Brand new car, bad gearbox, not too much time passed since taking delivery: better. Brand new car, faint rattle, weeks and months passing by: worse.
If it's a brand new C-Class, then presumably it is a £35,000 to £40,000 expense. Why not do yourself a favour and spend £500 plus VAT on some professional advice instead of messing about on the internet? It is peanuts in the scheme of things.
If it is any consolation I had a similar experience with my 2014 SL 350 in fact again with the gearbox mainly but with other small issues that drove me crazy
Persistence paid off in my case as I successfully rejected the car and was given another car that didn't have the issues , they never managed to solve the issue with my original car ( that I assume has the same gearbox as your one as it would even now be less than a year old )
It wasn't a ' nice ' experience as obviously they didn't want to give me another car but the choice was clear , either a new car or I wanted all of my money back , they wisely chose the new car and I am actually now very happy with the new one , at the end of the day despite all of the barriers that are put up you have the right to reject something that doesn't work especially when it is so expensive
I would suggest that you leave them in no doubt at all that you will follow this through , I cant see you will need any legal assistance as they don't really have a leg to stand on .... at least I can say that it does work
Ian
Persistence paid off in my case as I successfully rejected the car and was given another car that didn't have the issues , they never managed to solve the issue with my original car ( that I assume has the same gearbox as your one as it would even now be less than a year old )
It wasn't a ' nice ' experience as obviously they didn't want to give me another car but the choice was clear , either a new car or I wanted all of my money back , they wisely chose the new car and I am actually now very happy with the new one , at the end of the day despite all of the barriers that are put up you have the right to reject something that doesn't work especially when it is so expensive
I would suggest that you leave them in no doubt at all that you will follow this through , I cant see you will need any legal assistance as they don't really have a leg to stand on .... at least I can say that it does work
Ian
I know and they know that there is no leg for them to stand on.
I gave them a final attempt to fix. 9 days after the final attempt deadline, rattles still present upon giving it back to me.
FYI, the rattles are not faint - they are loud - their words, not mine!
I'm not backing down here and I want a refund.
I gave them a final attempt to fix. 9 days after the final attempt deadline, rattles still present upon giving it back to me.
FYI, the rattles are not faint - they are loud - their words, not mine!
I'm not backing down here and I want a refund.
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