Advice With Issue - Possible Rejection?
Discussion
I need some advice with regards to moving forwards with an issue. I'm a fairly laid back chap and I hate to cause fuss, so unfortunately it's in my nature to simply accept and move on. I would only reject a car as a last resort. It's not something I've ever done before and ideally, I'd prefer to keep my car!
I bought a 2012 SLK55 AMG with 36K miles on October 1st 2021 (over the phone/unseen) from a specialist second hand sports car dealer. The dealer in question has a good reputation, advertises on Pistonheads, and sells a wide variety of sports cars ranging from Abarth to Ferrari. Payment was transferred on October 1st 2021, the car was delivered on October 7th 2021 and I first raised the issue on October 13th, whereby the car was collected the following day by the dealer in order to carry out repairs.
It took approximately one month for the repair to be carried out, as the dealer was waiting on parts. I was very understanding throughout, what with COVID issues, global supply issues and the fact I do have access to other cars. I did not receive many updates during the repair period, but then again, I didn't push for updates. The car would be ready when it was ready. When the car was returned, the delivery chap had no idea what component was replaced. I never received any information as to what was indeed replaced. That said, now the car was repaired, I wasn't too fussed!
However last week the problem returned. During the last few days it's been doing the same. The issue is, the folding metal roof leaks. A lot. I've owned several Lotus cars, so I'm used to the odd drip! However it appears as though rainwater is collecting within the roof structure itself, which then results in 1-2 mugs worth of water being dumped over a passenger (or interior!) when I brake for the first time. It's pouring down the A-pillar, as well as an area behind the passenger's shoulder. A small amount falls onto my shoulder too, but nowhere near as bad. See photos below!
I posted on the SLK Owners group on Facebook, who suggest it could be anything from lack of gummi-pfledge, to roof trim seals leaking, to a delaminated roof. I have the panoramic roof fitted. It seems - worst case scenario - that the roof (or part of it) needs replacing at a cost of multiple thousands. I contacted the dealer via email this Wednesday (with the pictures below), but I'm yet to receive a call or a reply. I'm concerned that if they do contact me and recommend recovering the car again, the second 'fix' will also be temporary and as time will have passed, I could legally be stuck with a large bill.
On the basis of other people's suggestions:
1. Get Mercedes Benz to diagnose the fault and resolve the issue, at cost to the original dealer.
2. Get a convertible repair specialist to disassemble the roof and reseal with plenty of sealant. Cheaper, but not a guaranteed fix.
3. Apparently, I can reject the car? I've owned it 5 months and one fix has already been attempted by the supplying dealer.
What would you choose to do?
I bought a 2012 SLK55 AMG with 36K miles on October 1st 2021 (over the phone/unseen) from a specialist second hand sports car dealer. The dealer in question has a good reputation, advertises on Pistonheads, and sells a wide variety of sports cars ranging from Abarth to Ferrari. Payment was transferred on October 1st 2021, the car was delivered on October 7th 2021 and I first raised the issue on October 13th, whereby the car was collected the following day by the dealer in order to carry out repairs.
It took approximately one month for the repair to be carried out, as the dealer was waiting on parts. I was very understanding throughout, what with COVID issues, global supply issues and the fact I do have access to other cars. I did not receive many updates during the repair period, but then again, I didn't push for updates. The car would be ready when it was ready. When the car was returned, the delivery chap had no idea what component was replaced. I never received any information as to what was indeed replaced. That said, now the car was repaired, I wasn't too fussed!
However last week the problem returned. During the last few days it's been doing the same. The issue is, the folding metal roof leaks. A lot. I've owned several Lotus cars, so I'm used to the odd drip! However it appears as though rainwater is collecting within the roof structure itself, which then results in 1-2 mugs worth of water being dumped over a passenger (or interior!) when I brake for the first time. It's pouring down the A-pillar, as well as an area behind the passenger's shoulder. A small amount falls onto my shoulder too, but nowhere near as bad. See photos below!
I posted on the SLK Owners group on Facebook, who suggest it could be anything from lack of gummi-pfledge, to roof trim seals leaking, to a delaminated roof. I have the panoramic roof fitted. It seems - worst case scenario - that the roof (or part of it) needs replacing at a cost of multiple thousands. I contacted the dealer via email this Wednesday (with the pictures below), but I'm yet to receive a call or a reply. I'm concerned that if they do contact me and recommend recovering the car again, the second 'fix' will also be temporary and as time will have passed, I could legally be stuck with a large bill.
On the basis of other people's suggestions:
1. Get Mercedes Benz to diagnose the fault and resolve the issue, at cost to the original dealer.
2. Get a convertible repair specialist to disassemble the roof and reseal with plenty of sealant. Cheaper, but not a guaranteed fix.
3. Apparently, I can reject the car? I've owned it 5 months and one fix has already been attempted by the supplying dealer.
What would you choose to do?
OP I suggest that the options you list as 1) and 2) are both fraught with difficulty.
Having the work done and then re-charging the vendor is trappy - they won't want to pay and you'll almost certainly have to go to court to recover your costs which adds no end of agg and possibly cost.
That leaves option 3 which seems best to me.
It had a fault within the first month. You decided to give them a chance to fix it, but they have failed. Rejection is your right.
Having the work done and then re-charging the vendor is trappy - they won't want to pay and you'll almost certainly have to go to court to recover your costs which adds no end of agg and possibly cost.
That leaves option 3 which seems best to me.
It had a fault within the first month. You decided to give them a chance to fix it, but they have failed. Rejection is your right.
How much would it cost to get MB/specialist etc. to properly diagnose the fault?
Sounds to me like the dealer bodged it hoping it would last for 6 months+ leaving you with little in the way of comeback, but if you are happy with the car otherwise it could be a worth confirming properly if it's a relatively cheap fix or not?
Also, with the state of used prices how much would it cost you to replace today like for like if you do reject it?
Sounds to me like the dealer bodged it hoping it would last for 6 months+ leaving you with little in the way of comeback, but if you are happy with the car otherwise it could be a worth confirming properly if it's a relatively cheap fix or not?
Also, with the state of used prices how much would it cost you to replace today like for like if you do reject it?
Canon_Fodder said:
OP I suggest that the options you list as 1) and 2) are both fraught with difficulty.
Having the work done and then re-charging the vendor is trappy - they won't want to pay and you'll almost certainly have to go to court to recover your costs which adds no end of agg and possibly cost.
That leaves option 3 which seems best to me.
It had a fault within the first month. You decided to give them a chance to fix it, but they have failed. Rejection is your right.
Do you think there is a chance the dealer may agree to option 1 and pay for the work to be carried out by MB - or am I being naïve? I guess they could potentially save themselves cash/hassle by accepting a rejection and then selling the car to BCA. It would be a real shame to reject, as it's a fantastic spec. It has the P30 pack fitted, so LSD etc ...Having the work done and then re-charging the vendor is trappy - they won't want to pay and you'll almost certainly have to go to court to recover your costs which adds no end of agg and possibly cost.
That leaves option 3 which seems best to me.
It had a fault within the first month. You decided to give them a chance to fix it, but they have failed. Rejection is your right.
Ikemi said:
Do you think there is a chance the dealer may agree to option 1 and pay for the work to be carried out by MB - or am I being naïve? I guess they could potentially save themselves cash/hassle by accepting a rejection and then selling the car to BCA. It would be a real shame to reject, as it's a fantastic spec. It has the P30 pack fitted, so LSD etc ...
As suggested above, if you get an actual quote for the works from MB then *perhaps* the dealer *might* pay.... But I doubt it. On a matter of general principle, no trader really wants to pay MB labour & OEM parts rates (+VAT I suppose) to fix a punter's car...But if you do get that quote, at least then you'll know the potential 'suck-it-up' price of keeping the car you otherwise love. A few £££, might be OK. A few ££££ then probably not, but of course only you can decide.
Canon_Fodder said:
CarCrazyDad said:
Is it not something simple like a blocked drainage channel?
OP said:
It took approximately one month for the repair to be carried out, as the dealer was waiting on parts.[quote]
Look on some MB owners forum? I'm sure there are cheaper DIY fixes available - specific marque forums are great for this
Edited by CarCrazyDad on Friday 4th March 13:34
1. Find out what the original fix was.
You have no idea what parts they replaced or why.
2. Find out what is wrong now.
The original dealer can do this - give them a chance.
3. Assess from there.
No point talking rejection, etc now if the roof can be fixed painlessly.
Is the roof not under warranty?
You have no idea what parts they replaced or why.
2. Find out what is wrong now.
The original dealer can do this - give them a chance.
3. Assess from there.
No point talking rejection, etc now if the roof can be fixed painlessly.
Is the roof not under warranty?
SWoll said:
How much would it cost to get MB/specialist etc. to properly diagnose the fault?
Sounds to me like the dealer bodged it hoping it would last for 6 months+ leaving you with little in the way of comeback, but if you are happy with the car otherwise it could be a worth confirming properly if it's a relatively cheap fix or not?
Also, with the state of used prices how much would it cost you to replace today like for like if you do reject it?
I've sent an email to my local Mercedes Benz dealership, along with the photos above, to see how much diagnosis would be and whether they've seen similar before. As you say, I have no idea as to whether this is a cheap fix or not. Another member on the SLK group has recommended going through with a MB diagnosis - and if the roof is damaged/the issue, it's £5K for the replacement panel.Sounds to me like the dealer bodged it hoping it would last for 6 months+ leaving you with little in the way of comeback, but if you are happy with the car otherwise it could be a worth confirming properly if it's a relatively cheap fix or not?
Also, with the state of used prices how much would it cost you to replace today like for like if you do reject it?
CarCrazyDad said:
Right, well you can sassily quote a post but it was also said he wasn't aware what parts were replaced and whatever parts were replaced clearly didn't resolve the problem
Look on some MB owners forum? I'm sure there are cheaper DIY fixes available - specific marque forums are great for this
Thanks for the suggestion! Apparently, all drainage holes were cleared before the sale of the car. The dealer mentioned this several times before I bought the car. Perhaps he knew something? Look on some MB owners forum? I'm sure there are cheaper DIY fixes available - specific marque forums are great for this
Edited by CarCrazyDad on Friday 4th March 13:34
I'll check them, but that's as far as I'll go with regards to DIY. Any further measures could run the risk of impeding on the rejection process, especially as said DIY usually requires exterior trim/headlining removal! 
Muzzer79 said:
1. Find out what the original fix was.
You have no idea what parts they replaced or why.
2. Find out what is wrong now.
The original dealer can do this - give them a chance.
3. Assess from there.
No point talking rejection, etc now if the roof can be fixed painlessly.
Is the roof not under warranty?
I'll email them again now to find out what part was replaced. I've somewhat lost confidence in the dealer to resolve this, as they could temporarily fix the issue (as before), return the car and the same thing happens in 4-5 months time. I'd then be in a weaker position legally, to the point where it'll more than likely be my problem, and if the roof panel does need replacing it's apparently £5K. You have no idea what parts they replaced or why.
2. Find out what is wrong now.
The original dealer can do this - give them a chance.
3. Assess from there.
No point talking rejection, etc now if the roof can be fixed painlessly.
Is the roof not under warranty?
If this was a private sale, or I had owned the car more than 6 months, I'd probably go down the specialist repair (with sealant) route. It's not a guaranteed fix and costs around £800.
The car did come with 2 years Handler Protect warranty. It doesn't look as though it's worth the paper it's written on. Lots of 'must breakdown', 'not covered due to wear and tear' etc. It's a route possibly worth pursuing, but I am likely to obtain a result/acceptance before the end of the month? I'm not so sure ...
I doubt the original dealer will pay for MB to replace the roof. Sealant is an option, but the leak could happen again, and I couldn't sell the car (in the future) to someone else with such a leak. I do have a car port - or could buy a car cover - but it doesn't help if it's parked at work, or elsewhere. My head says reject; buy something else. Maybe a Porsche?
Anyway, I'll see what MB says and update.
Dan W. said:
option 3
also if it was a distance sale eg you never went on the site, you dont need a reason to hand it back you can as its a distance sale.
Yeah, I saw the car on their website and bought it over the phone - mainly due to COVID restrictions! Not something I'd usually do ...also if it was a distance sale eg you never went on the site, you dont need a reason to hand it back you can as its a distance sale.
Ikemi said:
CarCrazyDad said:
Right, well you can sassily quote a post but it was also said he wasn't aware what parts were replaced and whatever parts were replaced clearly didn't resolve the problem
Look on some MB owners forum? I'm sure there are cheaper DIY fixes available - specific marque forums are great for this
Thanks for the suggestion! Apparently, all drainage holes were cleared before the sale of the car. The dealer mentioned this several times before I bought the car. Perhaps he knew something? Look on some MB owners forum? I'm sure there are cheaper DIY fixes available - specific marque forums are great for this
Edited by CarCrazyDad on Friday 4th March 13:34
I'll check them, but that's as far as I'll go with regards to DIY. Any further measures could run the risk of impeding on the rejection process, especially as said DIY usually requires exterior trim/headlining removal! If you wish to reject then you should be able to as the fault was initially present and reported in the first 30 days , outside of 30 days the dealer gets 1 chance to repair which they appear to have used in any event !
Ikemi said:
Another member on the SLK group has recommended going through with a MB diagnosis - and if the roof is damaged/the issue, it's £5K for the replacement panel.
It seems a distinct possibility that the vendor examined the car and, on realising that a £5k replacement panel was needed, bodged a repair in the hopes that it would last long enough for them to dodge their CRA obligations.Canon_Fodder said:
Ikemi said:
Another member on the SLK group has recommended going through with a MB diagnosis - and if the roof is damaged/the issue, it's £5K for the replacement panel.
It seems a distinct possibility that the vendor examined the car and, on realising that a £5k replacement panel was needed, bodged a repair in the hopes that it would last long enough for them to dodge their CRA obligations.A quick update! Mercedes Benz have diagnosed an issue with the roof, whereby water is collecting within. According to the technician in the video inspection, replacement seals will not resolve the issue. As such, a new roof is the recommended course of action - £3250 inc. VAT & fitting.
I've been dealing with the owner of the dealership and I've forwarded the quotation and inspection video from MB. Essentially, I've given them the option of paying for the replacement roof, or I reject the car. I've stated to them that, ideally, I'd rather opt for the replacement roof. However if push comes to shove, I'll expect a full refund if rejected.
I've given them 7 days to come to a decision, so I'll let you know how I get on!
I've been dealing with the owner of the dealership and I've forwarded the quotation and inspection video from MB. Essentially, I've given them the option of paying for the replacement roof, or I reject the car. I've stated to them that, ideally, I'd rather opt for the replacement roof. However if push comes to shove, I'll expect a full refund if rejected.
I've given them 7 days to come to a decision, so I'll let you know how I get on!
Fastest reply ever from said dealer! Even though the supplying dealership asked me to take it to MB for diagnosis (I just paid £99), the reply stated that they weren’t surprised by the evaluation and still do not believe the roof is at fault. As such, they won’t repair and will accept rejection.
But …
What do you think? I thought they had to collect the car upon rejection? I’ve paid £99 for diagnosis and £280 for new (c.1000 miles old) Michelin Pilot Sports …
But …
Dealer said:
We will action a full refund minus as the law states (please see below) a reduction on mileage covered, the general industry standard is 45p per mile, as a compromise on the 2 occasions I have done buy back in the 8 years I have worked on 30p, based on the MOT when prepared and the current mileage this equates to £839. As a gesture we will also collect the car for you at no cost
trader accepts a final right to reject in accordance with s24 of the Consumer Rights Act 2015 following a failed repair, the trader is permitted under s8)(10)(a) CRA 2015 to make a deduction for the use the customer has had of that vehicle.
Is this fair? Considering the car was sold with the fault? A fault that was highlighted 6 days after delivery? I’m being punished for using my car? I’ve done less than 3000 miles.trader accepts a final right to reject in accordance with s24 of the Consumer Rights Act 2015 following a failed repair, the trader is permitted under s8)(10)(a) CRA 2015 to make a deduction for the use the customer has had of that vehicle.
What do you think? I thought they had to collect the car upon rejection? I’ve paid £99 for diagnosis and £280 for new (c.1000 miles old) Michelin Pilot Sports …
you've had 3000 miles of use, in reality for rejection you should have stopped the using the car.
Its not brilliant, If it matters that much you might be able to find a local tyre fitter who would take the tyres off and fit some part worns so you can keep the good ones.
I dont believe the Dealer has to collect the car, they could have asked you to return it or to pay for transport costs.
You will have paid £1200 for 6 months in an SLK55.....I dont think thats unreasonable, its less than the government advisory fuel rate of 45p/m for mileage claims.
The issue was rasied within 30 days but I'd say take the offer it's probably not worth the grief
Its not brilliant, If it matters that much you might be able to find a local tyre fitter who would take the tyres off and fit some part worns so you can keep the good ones.
I dont believe the Dealer has to collect the car, they could have asked you to return it or to pay for transport costs.
You will have paid £1200 for 6 months in an SLK55.....I dont think thats unreasonable, its less than the government advisory fuel rate of 45p/m for mileage claims.
The issue was rasied within 30 days but I'd say take the offer it's probably not worth the grief
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