Help please?!

[Kylie_x]

Hi there,

I am new to the forum so I apologise if I have posted in the wrong place.
Please be gentle with me!

Here goes anyway.....today my husband and I purchased a 2005 A180 CDI Elegance SE Auto. We purchased it for a short term car for me to run about in (school runs, etc) having had a Nissan Navara that was too thirsty.

Anyway...within a couple of hours of purchase the following problems have come to light and any help would be greatly appreciated...

1. The boot door is jammed shut and won't budge (it wasn't at showroom).
2. The indicator repeaters on the wing mirrors are not working (they were!).
3. The passenger side wing mirror can not be adjusted - the whole mirror unit folds in electrically but the actual glass will not move unless pushed physically.
4. There is what I can only describe as a 'chattering' sound coming when the car is locked upon exit or upon reaching a certain speed whilst driving (this is not every time but frequently).
5. Most alarmingly, the dash warning light for what we believe to be the exhaust system has come on (we can't be sure as the instruction manual that was shown to us at the garage as being the cars was not replaced before we drove away!).

We purchased from a trader at a showroom (who threw in (we did not pay for) a Gold warranty that upon reading other sites isn't worth the paper it's written on!) and I have emailed them to put into writing all the problems that have so far reared their heads but I just wondered if anyone could advise on how serious these problems may be.

I am half tempted to drive back up there tomorrow and give him the car back but its 100 miles away and to be honest I would just be happy to get these items fixed at no cost to myself.

Has anybody else ever experienced any of the above and fixed/had them fixed?

Sorry if I have rambled.

Thanks in advance for any replies!

Kylie.

 

[Dec]

I would completely reject the car, bring it back is what I would do as there are too many faults.
Others on here might be able to estimate what it might cost to put right but you should not have to pay anything at all.

Take a video, for your own records, of every fault as the happen.

Dec

Edit, check that the car alarm is actually working properly… lock the car with a window open, wait 60 seconds then open a door with the key blade or reach in through the open window and open a door.

 

[npuk]

Your better off giving the car back TBH. I dont understand why you would even drive the car off the forecourt with these issues especially with the EML on.

Most these issues have been covered on the forum if you search.

1. There is a very recent thread on this try a search. Lock stops working due a loose rear washer hose which fills the boot lock with water.
2. Could be as simple as blown bulbs, a fuse or broken wiring
3. Could be fuse, broken wiring, broken motor
4. Look further down the topic list for the thread called 'a class locking problem'
5. Could be anything, something easy to fix or something major. User manual wont tell you anything. Car needs to go on STAR diagnostics to see what the faults are.

 

[c15htn]

I'm afraid, 100 miles or not, something making 'funny' noises and flagging lamps on the dash would be going straight back!!

The mirror, the indicator and maybe the boot, i could live with and sort out....... The rest of it? No thanks
I did exactly what you are considering once. It cost me £800 for an abs pump on my Volvo, all it did was flash a lamp at me sometimes

Take it back, then treat yourselves to a nice lunch somewhere!

Jim

 

[television]

Two choices, reject it and get one somewhere else, or take it back and ask them to fix it and try and get a loan car whilst its being done

 

[Kylie_x]

Oh dear....

You have confirmed what I was thinking I should do!

I have the worst luck when it comes to cars....seriously....I don't think I have ever brought a car that hasn't been trouble....even two brand new ones had me pulling my hair out.

I spoke to the dealer and informed them of the problems when we got home and they kept saying that they were covered under the warranty and not to worry so I suspect I am going to hit a brick wall with requesting a refund....??? They are going to keep telling me to refer to the (what I have read) useless warranty that they gave us!!!!

How should I go about this? Should I just go back up and demand my money back and risk them resolutely telling me no....thats gonna be a waste of my time and money in getting there and then having to come home empty handed. I have, like I said emailed them to put everything into writing (many hours ago) but no reply from them (not surprised!!).

Any advice on where to go from here would be greatly received! I am so upset by all of this. It has cost me a small fortune today just to get up there and then come home paying the fuel for two cars without the prospect of having to drive back up there with two cars so I can come home (if they will take it back!!!). Can I request compensation for my costs incurred in this debacle???

Thank you so much for your replies.

Coincidently I read about the boot problem and the washer on the back window is working fine so could it potentially be another problem???

Once again thank you. I am so stressed about this now.

 

[television]

They have to give you a refund or you ask that you take the car to your local indie to have it all fixed and they pay the bill,, you need it in writing.

 

[npuk]

http://www.honestjohn.co.uk/faq/consumer-rights/

 

[Kylie_x]

Your better off giving the car back TBH. I dont understand why you would even drive the car off the forecourt with these issues especially with the EML on.

Hi npuk,

Just so I don't look like a complete idiot none of the problems where evident when we drove off the forecourt....the EML came on about 1.5 miles from home (some 100 miles away from the dealer) after stopping for food and then turning the ignition on.

The electric door mirror was in the correct position for my husband so until I needed to move it to drive the car myself we were not aware.

The door chattering only happened at the same time as the EML first come on.

And the boot opened when we looked around the car then didn't once we got home.

I know it all seems a bit to convenient (or inconvenient as it is for us) that none of these were present at the time of sale, but they genuinely were not! As I said I have the worst luck with cars and am far to trusting. I think I might just get a push bike and steer clear of cars!

Regrettably, the car is really lovely otherwise and has got lots of extras (SAT NAV, panoramic roof, cream leather, all mod cons....it must have been the dogs do-dars when it was new in 2005). We do have a local indie who is highly respected and I am tempted, at the agreement of the supplying garage, to have him do full diagnostics and give a full report. If there is nothing else major to worry about and the garage agree to pay then it would be a lovely car just for running me, the kids and the dog around as for an automatic it is reasonable on road tax and fuel.

Is it silly of me to be considering this after all the problems so far encountered?

Sorry for keep rambling. I have hardly slept with the worry and stress of this so any kind words are greatly received.

Thanks for everyones advice and help. This really does seem a great place to come for help and support with some extremely knowledgeable and kind people who take time from their own lives to assist others.

Kylie.

 

[Spannaz]

Kylie, your in good hands here. Like said, please just put it in writing to them, make sure you get it sent signed for, stating they have the choice under the sale of goods act to either refund the vehicle. It's clearly not fit for purpose and should never have left the forecourt. Clearly their PDI service requires more attention. The warranty is nul and void for these faults as they were present at time of picking up, warranty company will wash their hands on that basis.
If they refuse, simply take them to court...............they will loose!!
I went through this about 18 months ago, sounds daunting but really it's not, you just need the right advice and a bit of guidance, all of which can be had from member here for no cost at all.

 

[Kylie_x]

Thanks Spannaz,

This forum really is great.

How long did it take you to get your money back? I know they are going to do everything to avoid coughing up regardless of whether I request a refund or repair and until I get that money back I am left with no vehicle! I have emailed them today (again, for the third time) telling them that I am not using the vehicle and awaiting their reply before I take formal action.

I am quite embarrassed by all of this and really don't want this dragging out and me having to tell everyone I have had another bad encounter with buying a car!

I have told them that as I emailed them yesterday (twice) within company opening times and I am aware they are open 10am to 4pm today, it is not unreasonable for me to expect a reply from them. I have also stated that I want a reply in writing and will not discuss this over the phone nor be fobbed off with their 'the warranty will cover it' spiel.

I will keep you all updated as I know others will be going through the same.

Many thanks,

Kylie.

 

[BAZZER1]

Hi Kylie
So sorry to hear of your bad experience with your new car, there are some very knowledgable guys on here who I am sure will offer you some good advice, I hope that you get a satisfactory conclusion to this and can understand the worry when the Trader will not respond to you,
Keep after them Kylie, I think you are on the right side of the Law with this and if the Trader will not play ball, I would seek Legal advice straight away.
Best wishes and hope you get it sorted soon.
BAZZER1

 

[Kylie_x]

Thank you for your kind words Bazzer....

I am finding great comfort in all the posts at the moment.

I am still awaiting any response from the original dealer but plan to print out both of my emails and send recorded delivery with a covering letter. I will post this tomorrow so it should reach them on Tuesday.

The more I read online, the more confident I am of my position but its just the hassle if they are not going to 'play ball' and be reasonable and the time and stress that is going to be involved in sorting this out. I happen to know a local solicitor very well so I will discuss this with him tomorrow just to be entirely sure of my position.

I have just read lots and lots on the Office of Fair Trading Guidelines for Second Hand Car Dealers and it doesn't look good for them but that doesn't mean they are going to make this easy for me.

Does anyone know if it goes to court how much it will cost me if I represent myself? And a timespan of getting it to court?

Again, thank you so much for all your help.

 

[mxs]

Please keep us posted with the outcome Kylie!

 

[Spannaz]

Kylie, trust me they really don't want to go down that route, and don't feel embarassed at all. I worked in the motor industry, so i should have known better, but some things can so easily be hidden.
My case took about 9 months from start to finish, but i was dealing with a trader trying to hide that he was a private seller, so it was a little more complicated, but the courts really have a bad liking for ANY car trader!!! They rarely side with them, despite what people think.
Simply stand your ground, and follow through with what you are planning. To them it really is not worth it to go to court, the costs alone are pointless in comparison to refunding your purchase.
Where abouts in Kent are you?

 

[Kylie_x]

Spannaz,

Thanks again for replying. I sincerely hope that they will see it's not worth it. I am guessing that you won in court! Well done. Did they have to pay your fees? Did you get subsequent damages? 9 months is a lot of stress!!!

I am embarrassed because every time I buy a car there is always something wrong with it....nearly immediately after purchase but although stressful I have always been lucky enough to have purchased from reasonable dealers (Perrys and BMW) who have always seemingly bent over backwards to make sure they rectified the problems and left us as happy customers.

This time we did not buy from a large dealership and so are fearful we will not be as lucky this time!!!! The only reason we didn't buy from a main, national dealership this time is because this car was literally intended as a stop gap whilst we waited a few months and got cars through the business.

I am in Thanet and brought the car from Surrey.

I am just writing up my letter now to send to them recorded delivery tomorrow. I will include copies of my emails that clearly show the dates and times they were sent.

I will certainly keep you all updated mxs! If I happen to hear back from them today (I am not holding my breath) I will let you all know. My stomach flips everytime a new email comes through!

 

[BAZZER1]

Hi Kylie
Stay calm, keep all correspondence and emails and take this along to your "Friendly Solicitor", normally they will give you 30 mins free to explain your case.
You sound like a very sensible Lady Kylie and I would think you have a pretty good case if the "Trader" refuses your requests to resolve this matter in your favour.
Chin up, keep positive and let us know how you get on, none of us Members on here like to hear that someone has been taken for a ride !!
Try to have a good week-end and not worry too much.
Best wishes
BAZZER1

 

[npuk]

Send the letter but I think you do should ring them. Speak to the manager tell them you know your rights, your rejecting the car and want a full refund.

On Monday ring the local trading standards office in the area the dealer is in for advice and they may also have other complaints regarding this dealer.

Also how did you pay for the car?

Last resort if you get nowhere with the dealer is go to small claims court (claims for £5k or less). No doubt you will get a judgement in your favour. If the dealer doesnt pay up you can get a high court writ and get Sheriffs aka as High Court Enforcement Officers to chase to dealer for the payment. The charges for this are relatively small.

Dont know if you have seen the 'Sheriffs Are Coming' on the BBC. Nearly every episode they are visiting a car dealer to get money owed to a member of the public for a dodgy car. http://www.bbc.co.uk/programmes/b01q1j5d

This is the company whose team the show follows. http://thesheriffsoffice.com/the_sheriffs_are_coming_bbc_tv If I had to ever enlist the help of one of these companies I would use them.

 

[Kylie_x]

Thanks npuk,

Trouble is a paid over 5k (only by a bit but still not within the small claims remit). From what I have read it looks like fast track/multi track claim and its going to cost £245 to initiate the claim. Does that sound about right?

I am just finishing off my letter and have mentioned I will be informing Trading Standards and the Retail Motor Industry Federation. I still don't think that it will be enough to prompt a response from them but at least I will have everything documented and have given them every opportunity to respond.

I am tempted to ring them but I have a terrible habit of bursting into tears when I am stressed or when I lose my temper :Oops: and really don't want to risk that. I have sent all emails both from my personal email address so I have proof they were sent and also through their website 'send email' facility on their website.

I paid by Visa Debit....I have already investigated getting my money back through them but its not quite the same as when paid by credit card (from what I have read but will happily stand corrected).

Funnily enough my mum and I regularly watch the Sheriffs Are Coming and I had thought this morning that I might end up having to do the same. I get a great sense of satisfaction for the people the Sheriffs are working for when they go in all guns blazing, don't take any nonesense and get a great result for the victims. Especially when they seize assets....the showroom had some fantastic (looking but not necessary in quality as it now seems) cars and I would love the threat of them being taken by the court and sold for me to get my money back!!! I also love how they have no choice to pay everything including the Sheriffs fees and laugh at how most dodgy traders let it go so far that they also end up paying thousands more just in court and sheriff fees!!!

Still awaiting reply from them but as I said I will keep you all informed. My try to ring but need to be calm and collected and at present kids are running round like lunatics so not right at this moment.

I keep saying it but thank you all so much....it really is helping to have some really kind people supporting me and wanting the best outcome for me.:lol:

 

[Kylie_x]

I just rung them as npuk suggested....they have confirmed they received my emails and basically this was his verbal reply "Look, bring the car back to us for fixing and we will sort out all problems for you, no problem".

I replied with the obvious that their garage had let it go with all the problems and for that reason I have no trust in them rectifying the issues and therefore seek a refund. He then changed tact and said to call my local Mercedes specialist tomorrow and find out how much for diagnosis and report. His words were if the cost is small (although he did not state what that would be) then they will pay, if not then it has to go back to their garage as it will be done at trade cost.

I had been considering that if they agreed to pay for the diagnostics and repairs at my local specialist whom I trust then I would risk keeping the car but the thought of them doing the 'repairs' themselves and then having to keep the car is an absolute no-no. Also as already stated their garage is over 100 miles away and I just don't have the time nor inclination to go back up there. What should I do now? Should I call my local Mercedes Specialist or shall I just out-right reject now?

If I do reject can I insist they have to come and collect? What a waste of my weekend this is turning out to be!