Consumer Rights advice please, used car.
Discussion
A question if I may in relation to Consumer Rights. Bought a used Mercedes in April from dealer in South of England, delivered to North of Scotland. 3 years old, 38000 miles.
In August car developed intermittent fault, would not go into gear (It’s a manual). Gearstick moves side to side but will not move into any gear. In to local franchise but fault would not replicate. This has happened on many occasions, and been in workshop 4 times now. Have video evidence, supplied, and recovered by Mercedes (RAC) on last occasion who confirmed would not go into gear.
Switch car on-off-on-off, play about and it will eventually work again as normal. Mercedes on test drive say nothing wrong with car when they have it. They have said it may be the clutch, they don’t know, doesn’t feel like it, but that’s not covered because it’s a wear and tear item. But it’s not worn in traditional sense, as they insist car is fine whenever they drive it. £2300 for new clutch is their answer, to see. Last time they adjusted gear linkage and changed gearbox oil but fault still there.
So the question now is who is responsible. Local dealer just say they cant replicate so can’t go any further. Dealer that sold us car says they sold the car “without any apparent issues at that time.” “Mercedes Approved Used Car Program, is to provide a warranty that is the same coverage at any dealership in the Country which is a big benefit of buying a car in the Mercedes network” They won’t take responsibility as they are 500 miles away. Mercedes HQ say as it may be clutch, so they will not help.
Car was under 6 months old when first the problem was identified and went in. Under consumer rights its not clear to me as ‘could’ involve a clutch not covered under warranty as wear and tear, but Mercedes themselves saying nothing wrong with clutch when it is in, albeit sitting in a corner of their workshop as they don’t drive it long enough to replicate the gear selection fault and it is always fine by the time they get to looking at it. Anyone with the needed wisdom able to make a suggestion.
Best, John
In August car developed intermittent fault, would not go into gear (It’s a manual). Gearstick moves side to side but will not move into any gear. In to local franchise but fault would not replicate. This has happened on many occasions, and been in workshop 4 times now. Have video evidence, supplied, and recovered by Mercedes (RAC) on last occasion who confirmed would not go into gear.
Switch car on-off-on-off, play about and it will eventually work again as normal. Mercedes on test drive say nothing wrong with car when they have it. They have said it may be the clutch, they don’t know, doesn’t feel like it, but that’s not covered because it’s a wear and tear item. But it’s not worn in traditional sense, as they insist car is fine whenever they drive it. £2300 for new clutch is their answer, to see. Last time they adjusted gear linkage and changed gearbox oil but fault still there.
So the question now is who is responsible. Local dealer just say they cant replicate so can’t go any further. Dealer that sold us car says they sold the car “without any apparent issues at that time.” “Mercedes Approved Used Car Program, is to provide a warranty that is the same coverage at any dealership in the Country which is a big benefit of buying a car in the Mercedes network” They won’t take responsibility as they are 500 miles away. Mercedes HQ say as it may be clutch, so they will not help.
Car was under 6 months old when first the problem was identified and went in. Under consumer rights its not clear to me as ‘could’ involve a clutch not covered under warranty as wear and tear, but Mercedes themselves saying nothing wrong with clutch when it is in, albeit sitting in a corner of their workshop as they don’t drive it long enough to replicate the gear selection fault and it is always fine by the time they get to looking at it. Anyone with the needed wisdom able to make a suggestion.
Best, John
mgv8 said:
Do they agree that there is a problem "Mercedes (RAC) on last occasion who confirmed would not go into gear."?
Could to agree with them in writing that if the clutch does not fit the fault they will pay?
They will not commit as they have not witnessed the fault. By the time they went to the car the next day all was well again. RAC gave them a report to say it would not go in to gear, they just cannot replicate. Possibly, although annoyed at £2.3k bill when they are saying all is OK.Could to agree with them in writing that if the clutch does not fit the fault they will pay?
hutchst said:
When did you first report the alleged fault to the dealer that you bought the car from?
Not until after 6 months, following 2 months of in and out of local dealer who we assumed would deal with it. Local Mercedes took car in at 5 months, dealer notified at 7 months when getting nowhere with them.Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff