Where Do You Think I Stand?

[rozel]

Not answering for thumper but the question to ask is what material loss have you suffered? Without knowing this how can compensation be assessed?

IMHO you have suffered no material loss and stand to gain significantly with the dealer's offer.

That's my gut feeling too which is why I am asking Thumper to try to explain a little more However if I bought the car for considerably more than it was worth (not informed it was an Import) then that maybe a start for compensation?

Paul

 

[*Thumper]

As previously mentioned ...... you need to find out the value variations, at the time of purchase ............ this could be significant.......... it could also be little !!

There was a time when Mitsubishi Evo's were being imported at a fast rate of knots, and the variations could be less than a £1k.

On the other side of the coin, a model that is hugley popular (and expensive) can have little variation at all .........

 

[*Thumper]

.......... the most Senior person. He telelphoned me last Friday.

He told me that first off his dealership did not know the car had been imported when the car was sold to me and given it's service history (they have done every service) he wants to put me in the same position as if the car was a UK car - in other words he will do the paintwork around the wheel arches and much more - there are 8 years worth of minor stone chip marks and they will attend to this work too at their expense - 5 panel resprays in all and powder-coat my wheels into the bargain. He will reinstate the MOBIL for life guarantee and anything else to ensure that I am not in any worse position by the fact that my car is an import. He came across in a highly professional manner, very empathetic and I truly think he wants to sort this sad matter out.

Paul

If true to their word ............. this could be considered a good offer !!

 

[rozel]

Thanks Thumper - I have appreciated what you have told me and appreciate your thoughts.

I think embarking on litigation here might prove time consuming and costly with no guarantee of any certainty of success and presumably any court would judge whether the Dealership's offer could be construed as reasonable? My instincts before posting were that the Dealership is making all attempts to reinstate my position so that it's no worse because of the fact that my car is an "Import" but I wanted expert opinion first, before accepting the Dealership's offer, which is: -

The continuation of the MOBIL for Life Goodwill cover from Mercedes will be reinstated at the Dealership's cost and will be put in writing to me. All Stone Chip damage and all Rear Wheel Corrosion will be attended to as well as Powder Coating my AMG wheels will be carried out by the Dealership at their cost.

That leaves, I think, "Roadside Assistance".

May I ask whether this is also linked to the "origin" of my car or is it part of MOBIL for Life?

I will also ask the MD of the Dealership to try and explain, in writing, just why this situation could have come about, whether the mileage is true or not and exactly what the explanation of the descrepancy with the car's Registartion dates. I will also ask for the Car's original "Datacard".

Finally given what has already been said is there anything else that the Dealership ought to do before I accept their current offer?

I truly appreciate all your views - I have posted before in many Forums, but never have I had so many responses in such a short space of time - truly exceptional - THANKYOU

Paul

 

[NISFAN]

This story is unbelievable, I would go see a solicitor straight away.

You do realise that your current insurance almost certainly does not cover this car? (read T&C's regarding grey and parallel imports on your policy) And insurance premiums from here on in are going to sting, as it is usually specialist insurers only.

If it were me, I would want them to buy the car back off me (the supplying dealer), and pay compensation for all the years you have been buying inadequate insurance.


Edit to say most solicitors offer an hour free consultation and advise way forward.

 

[Kyliewww]

Would an HPI check determine it's import status?

 

[rozel]

Wow!!

Never thought about that. I am insured with Mercedes-Benz, have been ever since I bought the car.

Had one claim a few years ago but this was a "third-party" claim only, but it went through with no difficulty.

But I am concerned a bit now about this. Anyone know about the T&C's in my policy? - my original Policy Document is buried somewhere under a pile of paperwork and I have to leave for work shortly, so this is probably my last post for the day.

But would a Solicitor be expert enough to know all the ins and outs about all of this do you think, especially within an hour's free consultation?

This Insurance thing might be a problem, but there again, the Dealership may cover this too, depending on the significance.

I really do not want to "sell" the car as replacement would be impossible

Edit: - Yes want to do an HPI Check - the fees for these vary a lot - can someone recommend a good website here please and what I should expect to pay please - I daresay the results and/or the level of detail returned, will vary site to site, fee for fee?

Paul

 

[NISFAN]

MB insurance is usually underwritten by Aviva, and I know Aviva do have a grey and parrallel import clause. Beware.

IF the solicitor you see can't help, he will refer to one that can. But they should give you a pretty accurate picture of what is what.

 

[television]

This question on imports has been up before a few times, It would appear that MB can register the cars without declaring this, and other cars have been on here where the import part is not mentioned, I believe that Only the manufacture can do this, there could be something on the DVLA web site.

After all these years I feel that if you try and pursue this you will lose out, and there is more to loose than be gained, from a resale value now, it does not matter where the car came from.

 

[television]

Enter your full 17 figure VIN here for a read out

http://mb.neoriginal.ru/

 

[441]

Just a thought, has the car got a personal plate on it, and if so could it just be some confusion in inputting the details by Mercedes and they're giving you details of the wrong vehicle.

 

[drmw]

This story is unbelievable, I would go see a solicitor straight away.

You do realise that your current insurance almost certainly does not cover this car? (read T&C's regarding grey and parallel imports on your policy) And insurance premiums from here on in are going to sting, as it is usually specialist insurers only.

If it were me, I would want them to buy the car back off me (the supplying dealer), and pay compensation for all the years you have been buying inadequate insurance.

.

Grey/parallel imports are when the vendor imports direct without the consent of the IP holder - in this case MB. This car was bought from an MB dealer, so it is neither grey nor a parallel import.

As to buying the car back - dream on.
As compensate for inadequate insurance - the OP has already had a claim processed so it sounds pretty adequate to me and again, the car is neither grey nor parallel.

Time I think for all the "hawks" to take a step back - the OP has not suffered any loss, he is not wanting to sell the car, the dealer has made a very generous offer (well beyond anything that could reasonably be expected) - working into a collective frenzy about something or nothing isn't doing anyone any good !!

 

[television]

David (drmw) has written it out better than I could, but it is fact that only the car manufacture can register the car without showing it to be an import.

When you bring in a car from outside the EU you have to get conformation that the car manufacture saying that it conforms in build to the EU cars. MB know all about it as they made it in the first place.

All of the info is done on a computer at MB for all cars for sale.

 

[Frontstep]

"Grey/parallel imports are when the vendor imports direct without the consent of the IP holder - in this case MB. This car was bought from an MB dealer, so it is neither grey nor a parallel import".

"This was a massive bombshell as I was sold a UK car from inside my dealership network - it's history apparently was impecable showing two previous owners and with appx 14000 mls on the clock in 2004. I was informed the first owner was the dealeship itself and the previous owner was a local guy which was born out once I got my V5".


These two statements contradict.

It can still by the evidence submitted be an "Import" its value at the time of sale would have been less had it been accurately described, the first owner being described as the "dealership" its origins have only just come to light, the way forward is an amicable settlement along the lines of what you have with some extras. To the aim of Putting you in the position you might reasonably have been in had the "error" not been made.
The legal route is open to you but should only be used as a last resort if your dealership is unreasonable, clearly if the original posting is correct the "dealership" named as first owner did not mistakenly order the car from Trinidad instead of Stuggart!

 

[NISFAN]

So how come MB UK are turning their back on this owner if it was imported by MB? Surely they should treat it like a UK car? MB themselves have branded the car an 'import'

Clearly the dealer would like to sort this issue out, as he didn't declare it in the first place. Bang out of order. Manufacturers also can't have it both ways, you go buy a car cheap from europe and self import, and the likes of MB UK wouldn't want to know.

Be honest who would buy a car knowing it had come from Trinidad? That is 2 trips in a container on the high seas, no wonder the thing is full of rust. The OP doesn't even know if it was a cancelled order, or was driven around by another owner in another country.

 

[*Thumper]

My My ........... struggling with the idea it's not an import ......... wether grey, or parrallel.

MB say it's an import ....... as I said earlier, thats hangs themselves ! But with no recourse on them, only the dealer who supplied.

Personally.... I'd take the package being offered by the dealer ..... as the OP has been happy to keep the car for so long, and started of, wanting rust issues dealing with.

 

[Frontstep]

Crux of matter is still that it came from Trinidad and the first registered owner was an MB dealership thats where the smell starts.

 

[PeterCLK]

I would take the offer.
My daughter is a solicitor specialising in commercial litigation and she always says if you have a choice do not litigate as it can cost a fortune and the outcome is never certain.

 

[NISFAN]

Don't think anyone is advising litigation, but always helps to see a solicitor to see how strong your case is. The stronger the case, the better the offer to make it all go away.

You might think a respray is a good offer, but if the car was sold for full value to start with, a respray is getting off very lightly. Regardless of whether the OP plans to sell the car or not, there will come a time when he will, and the history is not great. He also has to answer yes when asked if the car was imported, to his insurer. Regardless of the grey/parallel issue, the insurance company are hardly going to say 'Oh MB sent it on a little cruise to Tobago before delivery, no problem'.

I know of a guy that got a better payout than that ( a trade rate 5 panel respray is probably no more than £600) when he found out his 'brand new' car was nearly a year old as it was sitting in a field. Which must have been quite common mid 2009 in the depths of the reccession. This was a british made car by the way, sitting in a English field, but the dealer didn't inform him that the car was significantly older than was reasonable.

Tracking down the first owner from the V5 might confirm whether the dealer knew the history of the car.

 

[Kevin OB]

V5 Import

Sorry But how can you tell if your car is an import on the V5 as I am loking for a 129 SL for a mate of Mine, hope this question is'nt to obvious