Have i bought a dodgy car

[television]

Not true, a car can be registered as new providing it has not been previously registered as new in another country.

Not true, My volvo was bought new in Holland, the Log book states;
Imported vehicle previously registered or used overseas, declared manufactured *****

Malcolm

 

[DC_insider]

Not true, My volvo was bought new in Holland, the Log book states;
Imported vehicle previously registered or used overseas, declared manufactured *****

Malcolm

According to the DVLA:

"A "brand new" vehicle can be driven to GB and registered as "new" provided the vehicle:

* is registered in GB quickly after collection - this is taken to be 14 days but may be extended to one calendar month at peak periods (e.g. prior to 1st March and 1st September)

* Only have reasonable delivery mileage and

* Not have been previously "permanently" registered.


If in your case the log book states that the vehicle is "Imported vehicle previously registered or used overseas" then it did not meet the criteria above for a new car and was registered as a used car.

 

[mioba]

That would account for the year discretion. DVLC can give no info on an Import, niether can HPI. You have been had and you will have no problem in getting your money back, you were led to believe that you were buying an 04 and they sold you an 02, they also withheld information that was relavant to the sale. it is also impossible to say how many owners it had outdide of the UK that also refers to accident damage.

Malcolm

thats exactly it, i wanted an 04 spec car, because i knew the models previos had lots of problems, if you see 04 you assume 04. Also that fact thats it has cd based navigation not dvd (became standard in 03, is a giveaway)
Although the warranty is from is from 04, you dont expect to but an apporved car and have to take it in twice ina week, whats happened to mercs now, thank god i havent sold my w124 yet, its an m reg with 74k. drives like a baby, and it never went in under its warranty

 

[television]

thats exactly it, i wanted an 04 spec car, because i knew the models previos had lots of problems, if you see 04 you assume 04. Also that fact thats it has cd based navigation not dvd (became standard in 03, is a giveaway)
Although the warranty is from is from 04, you dont expect to but an apporved car and have to take it in twice ina week, whats happened to mercs now, thank god i havent sold my w124 yet, its an m reg with 74k. drives like a baby, and it never went in under its warranty

What you say is so true, when I bought my SL the year was the most inportant thing, the avarage MB gets around 70 small updates a year.
the only accecptable way is if you buy a Dec car, registered in Jan. 2 years as beyond reason

How about the £10k you will loose.

Malcolm

 

[DC_insider]

thats exactly it, i wanted an 04 spec car, because i knew the models previos had lots of problems, if you see 04 you assume 04.

The topic has moved a long way OT but returning to your original problem:

Assuming that you purchased the car recently and it was under the Approved Used Programme then I would take it back to the dealership, reject it and demand to exchange it under the exchange plan.

From the MB website: "Should you not be satisfied with your car for any reason, you are entitled to exchange it at any time within the first 30 days or 1,000 miles of ownership (whichever comes sooner)." There are some terms and conditions to this - check your paperwork.

Please note that you will have to exchange it for another car (rather than get a refund) and the terms of the exchange plan may force you to exchange it for a more expensive car and pay the difference. Whilst this may not be ideal it will allow you to get rid off a car you don't want without having to resort to a legal route (which you may not win).

They may try and stall with promises to fix problems. Don't be put off, under the exchange plan you can reject the car for any reason - "The 2 failures in the first week have undermined my confidence in the car". Don't get angry but be firm, stand your ground and keep it clear that you have made up your mind to reject the car.

They may say that they do not have alternative cars. Don't be put off, don't get angry, say that you are reasonable and you will accept a courtesy car (at least an E-Class as you purchased an S) whilst they source another car (give them a maximum of one month to do so), stand your ground and, again, keep it in your mind that you are rejecting the car and exchanging it for another.

Hope this helps.

 

[Nencrono]

It's incredible that the buyer is even in this position.

DC insider, aren't you appalled that a MB dealer would sell an import car without telling the buyer, lie about warranty work and sell a 2002 car with an 04 plate without mentioning the discrepancy? I am.

"Don't get angry but be firm" B*ll*cks to that.

Park the car on the street outside the dealership with an A board on the roof telling your tale of woe & intercept EVERY SINGLE customer as they enter or leave the premises. Call the local paper & Trading Standards. You'll have your money back in no time.

In the last 5-6-7 years MB have thrown away a reputation earned over 50-60-70 years.

EVERY SINGLE MB BB I visit is full of this kind of shennanigans, nearly all of it to do with the dealer network.

MB better attend to their dealer network toute ****** suite or be eaten alive by Lexus, BMW, Honda/Accura etc.

 

[DC_insider]

DC insider, aren't you appalled that a MB dealer would sell an import car without telling the buyer, lie about warranty work and sell a 2002 car with an 04 plate without mentioning the discrepancy? I am.

Firstly, I don't think that an import should be sold by a franchised dealer then this arguement could be avoided but if so, nobody should complain if a dealer then refuses to part exchange their import or values it lower than a UK supplied car. It isn't actually illegal to sell an import without telling the buyer but might be deemed to be misrepresenting the car (especially if the buyer had asked specifically if it was an import).

Secondly, I don't know why (or if, we are only hearing one side of the story) the dealer lied about the warranty work. It isn't neccesarily a good thing for a car to have had no warranty work as it may not have had any service measures carried out.

Thirdly, cars are produced in regular volumes that don't match demand. The UK car industry has 2 very busy months in March and September and several very quiet months so cars are stockpiled at times of the year. If demand for a model drops quickly then cars can sit in stock for sometime especially if the car has an undesirable specification - 2 years is not usual but not unheard of. These cars can still be sold as new and will have to be PDI'd before they are delivered and anything that has suffered from the lengthy spell in storage is replaced (tyres, brakes, fluids etc). Most importantly the warranty starts on the day the car is registered not the day it was built so customers are still protected.

The dealer does not appear to have misrepresented the car as it was described as an 04 registration and it has an 04 registration. The original poster was keen to get a 2004 model but did not notice (or check) that the car was older. This is a mistake on their part. Neither the dealer or legislation such as the Sale of Goods Act is there to protect people from making mistakes.

Don't get angry but be firm" B*ll*cks to that.

Park the car on the street outside the dealership with an A board on the roof telling your tale of woe & intercept EVERY SINGLE customer as they enter or leave the premises. Call the local paper & Trading Standards. You'll have your money back in no time.

As I have pointed out above the dealer may not have done anything wrong (in law or in terms of their contract with the buyer). Making acqusations against the dealer could land you in serious trouble. If the allegations could not be proven then the dealer could sue for slander and demand considerable damages. Fancy having to sell your house to pay for the damages? Me neither.

Surely it would be better to act like an adult than stamp your feet like a child.

In the last 5-6-7 years MB have thrown away a reputation earned over 50-60-70 years.

EVERY SINGLE MB BB I visit is full of this kind of shennanigans, nearly all of it to do with the dealer network.

MB better attend to their dealer network toute ****** suite or be eaten alive by Lexus, BMW, Honda/Accura etc.

Firstly, the people on BB forums like this generally fall into two groups. Those who are fans of the Marque and have very high expectations which, sadly, may not always be met and those who have a problem and are looking for advice. The views may not be representative of ownership as a whole. This shouldn't be seen as a 'dig' at the board or its members as I would count myself in the first group.

Finally, DCUK took a decision several years ago to shake up its dealer network. It did this for its own benefit and caused a great deal of anger amongst the dealers - so much so that the dealers clubbed together and took DCUK to the High Court. Since then DCUK has treated its dealers with complete and utter contempt. It is inevitable that sometimes this spills over and impacts customers.

 

[littlebrooklyn]

Most importantly the warranty starts on the day the car is registered not the day it was built so customers are still protected.

Not always the case. Our VW is an import, it is on an 04 plate and the registration document quite clearly states it was registered as new in the UK in May 2004. However VW Head Office inform me that the car was 'delivered' in October 2003 and the warranty runs from that date and not the date of registration.

 

[Bolide]

04 car?

thats exactly it, i wanted an 04 spec car, because i knew the models previos had lots of problems, if you see 04 you assume 04. Also that fact thats it has cd based navigation not dvd (became standard in 03, is a giveaway)
Although the warranty is from is from 04, you dont expect to but an apporved car and have to take it in twice ina week, whats happened to mercs now, thank god i havent sold my w124 yet, its an m reg with 74k. drives like a baby, and it never went in under its warranty

What does the original advertisement for the car describe it as? What does the invoice describe it as? Exactly what discussions did you have with the salesman? Have you checked the VIN with DCUK to see what model year your car is? Finally, what does the V5 describe the car as?

With this information we might be able to offer some useful advice. Without it all we're doing is speculating as you haven't given us the exact details of what went on

Nick Froome
www.w124.co.uk

 

[Retired]

Whilst the debate about whether the dealer acted legally or not may become relevant at some point, e.g. when litigation is embarked upon, surely any business that expects to retain a good reputation and obtain future business should be looking to act HONESTLY. This means being up front about all aspects of the vehicle for sale without waiting to be asked specific questions.

My local dealer sells imported cars, and it says they’re imported in the vehicle description. No problem with that. If they’re to UK spec they should be worth the same as a non import. Daft language really as all we’re talking about is who imported the vehicle. They’re all imported. If the vehicle is not to UK spec then the price should reflect this fact.

Outside of this its difficult to comment without objective information pertaining to the transaction.

 

[Stevie A]

The fact that the dealer lied and said the car had no warranty work done means that it can be taken back. As long as there is a witness. Always take a witness when shelling out loads for a car. I got this info a while ago from a Which guide on how to buy a car before I bought my first car.

I would take it back and demand a refund.

 

[mioba]

What does the original advertisement for the car describe it as? What does the invoice describe it as? Exactly what discussions did you have with the salesman? Have you checked the VIN with DCUK to see what model year your car is? Finally, what does the V5 describe the car as?

With this information we might be able to offer some useful advice. Without it all we're doing is speculating as you haven't given us the exact details of what went on

Nick Froome
www.w124.co.uk

the original ad is for a 04 s320dci
with all the bits you will find on the vin decoder

i even called the saleman today to confirm it was an 04 - he said yes, but why no dvd navigation?
I am going to call Daimler chrsler Uk first thing tomorrow
V5 also describes as 04 s320, but i am sure it isnt

the 10th digit of a vin is the date of manufacture, A car can not be made to look younger than it is.
I have also put the reg in the rac website, it says year of manufacture 2004, this is complete rubbish,

I think somewhere along the line documents have been tweaked with this car.
I am off to the local dvla office tomorrow for advice, then trading standards, then a report to the oft.
I dont think its the dealers fault, I called the person who sold them the car, he said he purchased it "new" in 2004. And had numerous faults with it.

the worst thing is its a damn nice car, but its the principle!!

 

[Bolide]

04 car?

So you have a car that the selling dealer described as an '04, that the V5 describes as an '04, that was bought new in '04...

The year it rolled off the production line, the manufacturer's MY (Model Year) and the year of registration are all different things and could easily differ by a year, perhaps two if the car was built at the end of '02. Building cars that aren't registered for months is common in the industry

Manufacturers use the MY to describe the spec but there will be variations within an MY. The satnav fitment may be an example of this

I've found the RAC website to be hopelessly inaccurate for date of manufacture

I suspect that if you ask DCUK what the MY is for the car they'll say it's an '04. If you ask why it doesn't have DVD satnav I think they'll say that age of car didn't have it

That leaves the problems of the salesman's ignorant or deceptive comments about the warranty history and the fact that it's an import. I suggest you tackle that by negotiating a couple of free services from the dealer

the worst thing is its a damn nice car, but its the principle!!

You're lucky you have the time to spend writing letters & complaining about a point of principle. Why not just visit the Dealer Principal, state your reservations succinctly and negotiate a settlement? Then you can go back to enjoying the car - which is what you bought it for

Nick Froome
www.w124.co.uk

 

[big x]

the original ad is for a 04 s320dci
with all the bits you will find on the vin decoder

i even called the saleman today to confirm it was an 04 - he said yes, but why no dvd navigation?
I am going to call Daimler chrsler Uk first thing tomorrow
V5 also describes as 04 s320, but i am sure it isnt

the 10th digit of a vin is the date of manufacture, A car can not be made to look younger than it is.
I have also put the reg in the rac website, it says year of manufacture 2004, this is complete rubbish,

I think somewhere along the line documents have been tweaked with this car.
I am off to the local dvla office tomorrow for advice, then trading standards, then a report to the oft.
I dont think its the dealers fault, I called the person who sold them the car, he said he purchased it "new" in 2004. And had numerous faults with it.

the worst thing is its a damn nice car, but its the principle!!

One easy way to tell when a car was assembled is to use the human eyeball MkI and look at the date stamps found on many of the parts.For example my C-class was registered in jan 97 and most of the parts are date and month stamped with late 96 dates,indeed some as late as 12/96.You can soon build up a picture of the cars true age this way.

adam

 

[jberks]

One easy way to tell when a car was assembled is to use the human eyeball MkI and look at the date stamps found on many of the parts.For example my C-class was registered in jan 97 and most of the parts are date and month stamped with late 96 dates,indeed some as late as 12/96.You can soon build up a picture of the cars true age this way
adam

All this is true and its also true that the legal aspect may not be as clear cut as we may think. However, 2 things

1) As mentioned above - there is a 30 day swap out for any reason, even if you just don't like the colour of the boot trim.

2) You go to a dealer to avoid any sharp practice. You aren't expecting anything dodgy so you don't look for it. The dealer is trusted and that carries an obligation on their part to be totally honest and above board. They are supposed to be suspicious of all cars, know what to look for, check them thoroughly and anything that doesn't quite come up to the mark should be jobbed out to the trade. They trade on the fact that cars on their forecourt are the cream. They are supposed to be the experts. thats why you use them. Otherwise 'Franks backstreet Autos' is £1,000+ cheaper so why would you use the dealer? They should have taken one look and said, this isn't an 04 car. As above, the command version is a dead giveaway to anyone in the know. They could still sell it but should disclose it as 'It was actually built in 02 but wasn't registered until later so is a little cheaper as a result'. Many people would jump at it.

It does seem that dealers are taking short cuts that they wouldn't have considered a few years ago. I suspect they would swap it if pushed (most are reasonable if you sit down with them), regardless of the exchange plan. They'll only sell it to someone who won't notice.

 

[mioba]

To keep you all up to date, called DCUK today.
Explained the scenario, I told them I wanted to return the car back, I also mentioned that I am extremely unhappy. Infact the lady was happy that I said i wanted to return the car, and the feeling i had in returning the car are akin to having a be-oved pet down.
They told me it is definately 02 import and should have only 2 years warranty (from date of manufacture)i said i have another another year under the approved used car program (they were sceptical)
They are now dealing with it directly and the dealer.
I also told them I would happily have a same spec car (but an 04 - proper) and accept any goodwill offer they can provide. I also slipped in that, I may spend my 35K on a Lexus or BWW if I am not happy.
I will keep you all informed and thanks so much for your delightful info.

 

[l5foye]

MIOBA-I hope you have a successful outcome. I appreciate your grievance. Recently here there was a Small Claims Court case. Customer bought a Renault from a dealer who sells nothing but imports. Customer told dealer he did not want an import; dealer relied jokingly' Sure all Renaults are imported'.
Customer bought car, then sued dealer because car was an import. At the Court, customer was awarded £700 ! (judged by court as the difference in value of import and non-import)

 

[sidtrix]

Just to let you guys know that link that was provided in the first post is virus infected.
It may not be an actual virus but a script is called, my antivirus blocked the site.

 

[mioba]

Just to let you guys know that link that was provided in the first post is virus infected.
It may not be an actual virus but a script is called, my antivirus blocked the site.

that link has been on this site for ages (so i take no reposnsibility)

 

[SLinKyjoe]

Just to let you guys know that link that was provided in the first post is virus infected.
It may not be an actual virus but a script is called, my antivirus blocked the site.

ta, will remove the link to prevent anyone catching virus!


and of course it has nothing to do with it being linked to our forum competitors at all, oh no! not me! i wouldnt do such a thing!