Legal Action?

[Andrew Rymer]

After a week of normal working the car has gone onto "limp mode" yet again!!! Just spent 3 hours at MB Liverpool for them to run a diagnostic.
I have the print out with me and as expected, the same problems have shown up as in the first time!
These comprise of
P2039-004 M16/7 (Recirculating air flap actuator),Adaptation Emergency running. P2036-001 Secondary air injection: malfunction (function chain), Air flow is too low. [P0410].
I have asked for a full history of the car from its build, through servicing up to now. I don't know what to do next. The service engineer says that there has to be something in its past so is getting hold of the history from the MB mainframe.

Has anyone got any suggestions as to what I do next?
Any help will be appreciated.

Regards,

Andrew

 

[Andrew Rymer]

Hi all,

Could do with some advice, possibly legal. As you can see from this post I have had problems with this car and it is still going on!!! I am now thinking that perhaps the car should be taken back to the dealer I bought it from and ask for my money back.

Are there any members on this forum who might be able to give me a guide as to what to say to the dealer (i.e. trade descriptions act "not fit for purpose" etc)?

Even MB themselves are at a loss as to why this car is going into limp mode having had all the parts replaced that corresponded to the fault.

Any help would be appreciated.

Regards,

Andrew

 

[television]

Jberks is very good at this type of thing though I think that he is awaythis week, Ask hawk20 what he would do

 

[Andrew Rymer]

Thanks Malcolm,

Shall I just wait to see if he reads this or pm him?

Cheers,

Andrew

 

[Rory]

Have a look here:
http://www.honestjohn.co.uk/faq/faq.htm?id=43

 

[Andrew Rymer]

Good info Rory thanks.........got the car on the 14/9/07 so just out of the 6 months part but reading further I should have a case.

Cheers,

Andrew

 

[bushy30]

Hi Andrew,

I had to do that a long.............. long time ago.

You are quoting the correct legislation and indeed I had to take the seller to court and I did win the case. It can get a bit messy, but you can get through it.

In my case although the vehicle had an MOT, it clearly wouldn't have passed one when I purchased it. It came with no warranty -- I had it inspected by two independant garages who both came up with a list as long as your arm as to the things wrong with the vehicle and that (although it had an MOT) at the time of purchase it wasn't 'fit for purpose'

Solicitor advised that the seller had the 'right' to fix things, they actually had the vehicle back off me for 3 months and still no fix. Next step was to go to court. Whole thing took almost 9 months, I lost money and didn't have the evhicle (expense of another one).

Having said all that, I think the point would be that you would have to prove that the fault existed at time of purchase, and the fault was one that wouldn't normally happen as a matter of normal wear and tear. Then and only then would you have a case for 'not fit for purpose'

Of course none of the above should stop you taking it back to the dealer and saying give me my money back

Hope it helps a bit

Bushy

 

[Andrew Rymer]

Thanks Bushy30,

I just can’t see any other option at the moment....MB Liverpool are getting together the complete history of the car for me as we speak and I must admit their service manager (Billy) is being brilliant. Mind you he is getting paid for it so he is unbiased. I will take the car back to the dealer when I have the history faxed through to me. What I want to happen is the dealer to sort the car out with MB themselves so I don’t need to "authorise" any repairs! Trouble is I have just sold my other car so this could potentially leave me without a car!

The upside of all this is the fact that I have really enjoyed this forum and the supreme knowledge base on it.

Cheers,

Andrew.

 

[bushy30]

Hi Andrew,

Yep would be better if they all got togehter and just sorted it !!!

I have a couple of spare vehicles at the momnet if your are really desperate and you are near Oxfordshire :lol:

Bushy

 

[Andrew Rymer]

That’s really good of you bushy30 but unfortunately I live on the Wirral in Cheshire! But thank you so much for the kind offer. I will keep everyone posted as to the next steps.

Cheers and thanks again.

Andrew.

 

[vaio]

Andrew,
My suggestion would be Google the consumer forums and put a description of what has happened on there, they have some legal guys on that will give you the correct advice and also point you in the right direction regarding putting your complaint in writing to the dealer.

Hope this helps

 

[malcolm E53 AMG]

Hi Andrew,
For legal advice try your car insurer, house insurer of if you are a member of the RAC or AA they will be able to give you guidance.

Hope your problems are soon resolved.

 

[artschool]

i always thought the wirral was in merseyside!

 

[philayl]

i always thought the wirral was in merseyside!

Hi, there is no such place as Merseyside, the county was disbanded years ago, some of the Wirral is on the banks of the Mersey so could be described as merseyside very loosley I suppose. The postcode for the Wirral is CH, for Cheshire.

 

[Rory]

Hi, there is no such place as Merseyside, the county was disbanded years ago,

That's actually not correct - the Council itself was broken into 5 unitary authorities many years ago so there is no overall Merseyside governing body, but Merseyside still legally exists and is a recognised county for geographic and statistical purposes.

It's also a valid part of an address - although many people prefer to use the old county names.

 

[Andrew Rymer]

My postcode used to be L64 then got changed to CH64. I also seem to remember that we went through a phase of using South Wirral on our postal address. Now, as far as I know, we are Cheshire instead. Funny how the bills always seem to find your letter box no matter what combination of areas, counties or boroughs the bill senders use!! Oh by the way....my car is running absolutely brilliantly now for those of you who are wondering about the start of this thread. I managed to get the original garage to "take ownership" of the problem and it was fixed at about a quarter of the cost MB Liverpool were asking!!!

 

[Blobcat]

My postcode used to be L64 then got changed to CH64. I also seem to remember that we went through a phase of using South Wirral on our postal address. Now, as far as I know, we are Cheshire instead. Funny how the bills always seem to find your letter box no matter what combination of areas, counties or boroughs the bill senders use!! Oh by the way....my car is running absolutely brilliantly now for those of you who are wondering about the start of this thread. I managed to get the original garage to "take ownership" of the problem and it was fixed at about a quarter of the cost MB Liverpool were asking!!!

Thanks for posting back, way too many threads go cold with no answer, so when new members come along and search for previous issues there isn't always an answer or resolution

 

[Rory]

My postcode used to be L64 then got changed to CH64. I also seem to remember that we went through a phase of using South Wirral on our postal address. Now, as far as I know, we are Cheshire instead. Funny how the bills always seem to find your letter box no matter what combination of areas, counties or boroughs the bill senders use!! Oh by the way....my car is running absolutely brilliantly now for those of you who are wondering about the start of this thread. I managed to get the original garage to "take ownership" of the problem and it was fixed at about a quarter of the cost MB Liverpool were asking!!!

Well done on getting the car resolved.

Post code doesn't really mean anything - Royal Mail set them to suit their own operational needs. The main letter(s) is simply the letter of the sorting office that serves your property. I know there was a lot of upset about people on the Wirral having L post codes though, just as people in Southport would never acknowledge Merseyside in their address!

House number and post code is all Royal Mail need to find you, but other deliveries may well rely on having the county correct. Wirral probably isn't an issue, but many years ago I worked for a company that sent stuff by courier and, if there's an opportunity for an address to be mis-understood, then it will be! Kirkby used to cause problems as there are several, and there was another Merseyside town/area that was awkward, but I can't remember it now.