Trade seller Car finance- steering fault- return to sender?

[Mrbenz]

This is my first post. Hope everyone is doing alright.

My vehicle w213- E63S is on finance which I bought in march. The car is 3 years old and has done 17k miles.
I needed the car to be towed to the local garage because of a steering malfunction.

After inspection the workshop advised that my steering rack is faulty.

The trade seller where I have purchased the car says that their maximum claim limit is £1000 and I should have taken our extended warranty. ( I took gap insurance some protection for the rims and paint.)

Last month I took the car to Germany and drove on the autobahn. (luckliy nothing happened, but after all it made me really consider what could've happen...)

The workshop quoted me £4.5k for the repair.

What are my options?

What would you do?

Ideally I want the trade seller to cover the entire repair bill or return the vehicle to the finance company.

---
Other details
The part is on backorder. Estimated repair date is end of September. Until then or later I will have no car
3 previous owners
1 mandatory service done
Seller assured me that nothing was ever wrong with the car at the time of purchase

[mmm-five]

If it's 3 years old, why aren't you speaking to the Mercedes dealer about it?

[Whatapex]

The sellers claim limit has nothing to do with you. If the repair is £4.500 and their limit is £1000 it just means that the seller has to pay the £3500 himself.
Just mention sale of goods act to the seller.

[Mrbenz]

mmm-five said:

If it's 3 years old, why aren't you speaking to the Mercedes dealer about it?

Well its registered January 2020 so its 3 years and 5 months. not covered by Mercedes standard warranty anymore.

[Dracoro]

I think it's the Consumer Rights Act now...

[sutts]

Get a second opinion on the fault at a decent independent Mercedes specialist before you go too much further. Repair rather than replacement may be possible.

[paintman]

Was this a business-to-business sale or are you a retail consumer who bought the car from a garage/car sales site/car dealer?

If the latter then for sales post 1/10/2015 it's the Consumer Rights Act 2015 and this applies:
www.theaa.com/car-buying/legal-rights

[mmm-five]

Mrbenz said:

Well its registered January 2020 so its 3 years and 5 months. not covered by Mercedes standard warranty anymore.

Okay, so not within the standard new car warranty period, but they may cover some of it under goodwill...and may even know if it's a known fault with a tech 'recall' on it.

[Fady]

Mrbenz said:

This is my first post. Hope everyone is doing alright.

My vehicle w213- E63S is on finance which I bought in march. The car is 3 years old and has done 17k miles.
I needed the car to be towed to the local garage because of a steering malfunction.

After inspection the workshop advised that my steering rack is faulty.

The trade seller where I have purchased the car says that their maximum claim limit is £1000 and I should have taken our extended warranty. ( I took gap insurance some protection for the rims and paint.)

Last month I took the car to Germany and drove on the autobahn. (luckliy nothing happened, but after all it made me really consider what could've happen...)

The workshop quoted me £4.5k for the repair.

What are my options?

What would you do?

Ideally I want the trade seller to cover the entire repair bill or return the vehicle to the finance company.

---
Other details
The part is on backorder. Estimated repair date is end of September. Until then or later I will have no car
3 previous owners
1 mandatory service done
Seller assured me that nothing was ever wrong with the car at the time of purchase

As a S213 E63 owner, I very much feel for you. Issue now is that it's several months down the line from purchase and seller would simply claim that car was fine when he sold it. Would need to seek legal advise, but at this stage, I don't see the dealer either budging on the outlay for the repair or being compelled to take the car back. So if it were me, I'd be investigating other ways of getting the car swiftly and economically repaired - through an indie for example.

I bought my car from a main dealer for this sort of reason as used AMGs are supposedly subject to a whole list of checks and then covered by a 2 year warranty. So in such instances you'd expect MB to foot the bill, or at least more so than a non-franchised dealer.

[Dracoro]

Fady said:

As a S213 E63 owner, I very much feel for you. Issue now is that it's several months down the line from purchase and seller would simply claim that car was fine when he sold it.

If within 6 months (and OP said March so 3 months) then faults that make car not fit for purpose are deemed to be covered by CRA.

Link from above re-posted: https://www.theaa.com/car-buying/legal-rights

See section "between 30 days and 6 months"... The dealer would have to prove (not just say "it wasn't there when sold") that fault wasn't there at time of sale.

[Fady]

Dracoro said:

Fady said:

As a S213 E63 owner, I very much feel for you. Issue now is that it's several months down the line from purchase and seller would simply claim that car was fine when he sold it.

If within 6 months (and OP said March so 3 months) then faults that make car not fit for purpose are deemed to be covered by CRA.

Link from above re-posted: https://www.theaa.com/car-buying/legal-rights

See section "between 30 days and 6 months"... The dealer would have to prove (not just say "it wasn't there when sold") that fault wasn't there at time of sale.

Well you'd fully expect the dealer to 'prove' it one way or another and then simply claim it likely happened post sale surely?

[Dracoro]

Fady said:

Dracoro said:

Fady said:

As a S213 E63 owner, I very much feel for you. Issue now is that it's several months down the line from purchase and seller would simply claim that car was fine when he sold it.

If within 6 months (and OP said March so 3 months) then faults that make car not fit for purpose are deemed to be covered by CRA.

Link from above re-posted: https://www.theaa.com/car-buying/legal-rights

See section "between 30 days and 6 months"... The dealer would have to prove (not just say "it wasn't there when sold") that fault wasn't there at time of sale.

Well you'd fully expect the dealer to 'prove' it one way or another and then simply claim it likely happened post sale surely?

One would assume any court would want to see the, presumably independent, report showing that the steering column was completely without fault at time of sale. They're not just going to take the dealers word for it!

[Fady]

Dracoro said:

Fady said:

Dracoro said:

Fady said:

As a S213 E63 owner, I very much feel for you. Issue now is that it's several months down the line from purchase and seller would simply claim that car was fine when he sold it.

If within 6 months (and OP said March so 3 months) then faults that make car not fit for purpose are deemed to be covered by CRA.

Link from above re-posted: https://www.theaa.com/car-buying/legal-rights

See section "between 30 days and 6 months"... The dealer would have to prove (not just say "it wasn't there when sold") that fault wasn't there at time of sale.

Well you'd fully expect the dealer to 'prove' it one way or another and then simply claim it likely happened post sale surely?

One would assume any court would want to see the, presumably independent, report showing that the steering column was completely without fault at time of sale. They're not just going to take the dealers word for it!

OK then. Dealer says car was faulty and holds his hands up. Still not obliged to fix it but can opt to buy the car back at a reduced price (as in can just make up a number).

Bottom line is, it's no easy win here for OP imho.

[Sheepshanks]

mmm-five said:

Okay, so not within the standard new car warranty period, but they may cover some of it under goodwill...and may even know if it's a known fault with a tech 'recall' on it.

Unlikely when it's had 4 owners and one service.

To be fair, with Mercedes it'd be unlikely if the OP was the original owner and it had full service history.

[MustangGT]

Fady said:

OK then. Dealer says car was faulty and holds his hands up. Still not obliged to fix it but can opt to buy the car back at a reduced price (as in can just make up a number).

Bottom line is, it's no easy win here for OP imho.

Reject car for full refund minus an agreed value for the mileage covered, I would suggest a pence per mile basis. For an E63S that is going to be quite a lot of pence per mile. Be prepared to argue your case.

[Whatapex]

As in can just make up a number ?
Seriously ?
With consumers like this i can clearly see why some dealers try it on.

[Fady]

MustangGT said:

Fady said:

OK then. Dealer says car was faulty and holds his hands up. Still not obliged to fix it but can opt to buy the car back at a reduced price (as in can just make up a number).

Bottom line is, it's no easy win here for OP imho.

Reject car for full refund minus an agreed value for the mileage covered, I would suggest a pence per mile basis. For an E63S that is going to be quite a lot of pence per mile. Be prepared to argue your case.

Can't just turn up and 'argue the case'. Here again - this would likely mean going fully legal which will involve time and cost.

[Grumps.]

One might also question why a three year old, apparent low mileage AMG was being sold via an Indy?

I would have thought that would be prime stock for a main dealer so what else is wrong with the car?

[MustangGT]

Fady said:

MustangGT said:

Fady said:

OK then. Dealer says car was faulty and holds his hands up. Still not obliged to fix it but can opt to buy the car back at a reduced price (as in can just make up a number).

Bottom line is, it's no easy win here for OP imho.

Reject car for full refund minus an agreed value for the mileage covered, I would suggest a pence per mile basis. For an E63S that is going to be quite a lot of pence per mile. Be prepared to argue your case.

Can't just turn up and 'argue the case'. Here again - this would likely mean going fully legal which will involve time and cost.

Of course you sort it out first. I rejected a 6 month old car earlier this year. They suggested 40ppm was acceptable on a sub £30k car. I said 20ppm was acceptable, they agreed after a short chat with their legal team.

[blue_haddock]

Grumps. said:

One might also question why a three year old, apparent low mileage AMG was being sold via an Indy?

I would have thought that would be prime stock for a main dealer so what else is wrong with the car?

The fact he mentions its had four owners but only 1 service would mean a main dealer wouldnt touch it with a barge pole!