New Car and Loads of Issues

[Timechaser]

Hello gentlefolks. I bought a CLK350 Sport Cabriolet from a Mercedes dealer (Mercedes Benz Romford) about two weeks back. The sale process was pretty nice, and all looked hunky dory... however, two weeks on, I have a lot of issues with the car.

1. The driver door opens with a jerk and the window rattles whenever I open it - almost as if it is out of alignment due to a crash (dealer says no crash)

2. The windows rattle on both doors - bumps, bass heavy music, anything - literally

3. Gearshift Judder - particularly pronounced in the cold. When pressing the accelerator, the car hesitates a moment, then shudders, as if coming alive and moves off. This procedure happens at least once a day – typically in the mornings

4. The brake callipers, the nuts on them and the hubs on the car (not the brake discs which clean out after driving around and braking) are rusty/corroded!

5. Sticking brakes - This has happened a number of times, but have not noticed specific patterns. Usually happens after I brake hard. Post this, on acceleration, the car hesitates, lurches forward and then moves on. I must point out that this issue is separate from the gearshift judder which I mention above.

6. Bubbling on passenger Door sill - where there is Mercedes Benz Lettering.

7. Condensation in the indicators on door mirrors

8. Temperamental electronics - especially the door mirrors which refuse to open automatically, or close automatically at times

I wouldve thought these problems would leave me when I left Mazda and bought a "Mercedes"... but doesnt seem so.

I have mailed this to the salesbloke I dealt with with (a nice enough guy) at MB. He said he will talk to his manager tomorrow and come back to me.

I am thinking of asking for an "exchange", but they dont have any similar car in stock! Anyhow - what are my rights? Am I right in thinking that under the sale of goods act I can reject the car?

I know the dealer will try to set it right, but I am wondering if I want this car back, or do I want another one. It was an ex demo, but this isnt what I would expect on my £40K Car!!!

Any help/tact/approach which will net me dividends will be appreciated!!! Also, thanks for listening (rant over )

Cheers
TC

 

[OmniCognateNeutronRangler]

3. Gearshift Judder - particularly pronounced in the cold. When pressing the accelerator, the car hesitates a moment, then shudders, as if coming alive and moves off. This procedure happens at least once a day – typically in the mornings

Yep, they do that. Mine is in being looked at as I type. The 56 plate C220 they have leant me isn't much better. The gearbox oil should be changed at 40,000 miles so if it's close to that get the dealer to do it. If not I'm afraid it's just MB gearboxes. Lots of people on this forum say they are very smooth but that certainly isn't my experience. Maybe I'm too fussy, or they aren't fussy enough

4. The brake callipers, the nuts on them and the hubs on the car (not the brake discs which clean out after driving around and braking) are rusty/corroded!

They all seem to do that. Mine had the front disks replaced in December and they have gone rusty again, as have the locking wheel nuts. It's the same on this 56 plate model I have at the moment and it's only done 5000 miles.

6. Bubbling on passenger Door sill - where there is Mercedes Benz Lettering.

If it's rust MB should fix it FOC, but these cars tend to only suffer from stone-chip rusting which wont be covered I'm afraid.

I wouldve thought these problems would leave me when I left Mazda and bought a "Mercedes"... but doesnt seem so.

My experience (and this is by no means the same as others) is that it will get worse. The cars look great but for me that's been pretty much were it ends.


I know the dealer will try to set it right, but I am wondering if I want this car back, or do I want another one. It was an ex demo, but this isnt what I would expect on my £40K Car!!!

no, that's the problem I had. Mine was no where near that much but it seems I set my expectations too high.

Sorry this isn't very helpful but as my car is in the garage AGAIN as I write I find it very difficult to be anything other than realistic. My car has already had in excess of £2000 worth of work done on it since April of last year and is probably having over another £1000 worth being done on it at the moment. If it weren't for service plus I'd be up the preverbial creek. It is definately going in the spring.

I hope you get everything sorted out. Sorry your MB life has started this way.

 

[Lance]

Unfortunately, car dealers are as different as people in that you'll get some things with some and nothing with others. I know it sounds daft, with it being a dealer supplied car, but did you do an HPI check? That should, I think say if it had been in a bump. Whatever you do, don't accept what they offer you, as you should always hold out for more. It should be under guarantee, so take it back for any small thing.

 

[Timechaser]

It has 8000 miles on the clock - so a gear oil change doesnt seem required. The door sill is not rust, but bubbling - as if this is a factory problem.

I bought it approved used - and it was an ex-demo, and yes, despite that I did an HPI check on the car...

Thanks Lance. I am going to be pretty strict about the whole thing, as when I was buying the car, the stealer didnt budge by even 100 pounds on the price.

Cheers again

 

[entropymatters]

The sale of goods act is designed to protect the consumer after purchasing goods that are not 'fit for purpose' and of 'satisfactory quality'.
I would think you have a very good case to demand either your money back or an exchange, particularly since you have only had the car two weeks.


Key Facts:

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.

• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

 

[Dave's E55 AMG]

Ask for you're money back!

 

[malcolm E53 AMG]

Agree with Dave, with so many issues you even havn't had the honeymoon period.

I don't wish to throw a spanner in the works but I would go for the SL, its made to be an open top without scuttle shake issues.

I think a lot of the rattles etc are from the sports suspension and a degree of scuttle shake.

Hope you get a satisfactory result.

 

[jberks]

you have the right to reject based on the law but the 30day exchange plan should kick in before then anyway. Make it clear you are rejecting it and (if you basically like the car though not this one) insist they find you another. If it takes a few weeks, so be it, they should lend you something in the mean time.
As regards the issues, you have a 7 speed I assume. These have been known to give trouble. I imagine solutions are around but as it's one of many issues, this won't help. After all, an 06 with rust ...... I'd sling it back.

In answer to OmniCognateNeutronRangler's comments, all I can say is that I'm on my 2nd 5 speed auto merc (plus a 4 speed) and in terms of smoothness, I can't praise the gearboxes highly enough (and I'm a pretty fussy bugger!) Changes are always inperceptable, so if yours isn't (as it clearly isn't) you are absolutley right to kick off about it.

 

[conington]

Rusty wheel nuts

Sorry to hi-jack the thread but i'm interested in the rusty wheel nuts, I have the same problem on my 4 year old S500. Does anyone know if this is covered by the MB 30 year rust waranty i.e. should I expect to be able to go into a dealers and have all rusting nuts replaced free of charge (I do have a full MB service history so assume the rust warranty is still valid)?



Many Thanks

 

[Timechaser]

Conington - you should go to the dealer and try to get them replaced. Otherwise, a stiff wire brush and some powdered graphite on the nuts, plus hammerite over all other parts will sort this problem out. I should know the solution - my last car was known to suffer this issue!

I have sent the salesperson a list of these issues, and have not insisted on anything till now. Will wait for him to come back first - as he has been really nice to me, I dont want to be rude to him (he is pretty senior too ).

Will post results of my chat with him later on here.

Thanks for the advice on the SL - I would've picked up an SLK, were it possible - but I need a car with 4 seats unfortunately as my (and the wife's) parents are over quite a bit. The ONLY car which fitted the bill and satisfied both of us was the CLK! I tried driving both the Avantgarde and the Sport versions, and the Avantgarde was too soft around corners for my taste. I know that some scuttle shake will result from the soft top's lack of rigidity, and some rattling might result - but NOT when I am playing music surely!!!

I was looking at the driver rearview mirror and it is covered with small scratches (we pointed this out to the salesperson when we were picking up the car). They are all horizontal... given this and the door opening slightly jerkily, it makes me believe that the car has been in a bad scrape - though there is no way I can prove this. The HPI check turned up nothing, but then a prang could be repaired by the merc bodyshop themselves and that would be that...

Thanks for the suggestions! I am leaning towards asking for my money back...

Just out of curiosity - and to help my case, does anyone have any examples where friends/family have changed cars under the "exchange plan" and the issues which caused them to change? No anecdotal evidence please - I want concrete evidence which will help my case with the dealer!

Cheers
TC

 

[Timechaser]

Got a call from the salesperson - didnt say much, except that he had printed off the list of complaints and put it in front of his manager, and that I should come over to the dealership tomorrow noon to discuss this. I have prepared a letter of rejection, which Consumer Direct advised me to put in writing, citing the issues, and am taking it along.

Just for a lark, have attached it. If someone can take a look and suggest changes, if need be please?

I have tried to keep it polite and friendly, though firm.

Thanks for the suggestions/help!

cheers
TC


To

Sales Manager
Mercedes Benz Romford

Sub: Notice of Rejection for CLK 350 Sport Cabriolet BG06YXU

Dear XXX,

Please take this as a formal notice of rejection of the "approved used" car you have supplied me on the 27th of January 2007. In the past two weeks that I have owned the car, I have notified you on several occasions of the following problems. Some of these problems were pointed out by me when I viewed the car, some when we picked up the car and some later on via email.

Once again, I am enclosing a full list of issues with the car:

• As we had pointed out when we collected the car, the driver side mirror is badly scratched. I was cleaning it today and noticed that the pattern of scratches on the mirror is consistent with a bad scrape/knock, with possibly a shoddy repair job.
• The driver side door has a jerky/uneven movement when opening the door, along with the whole door (including the window) rattling, almost as if it is misaligned. Possibly connected to the scrapes on the mirror mentioned above?
• Gearshift Judder: This problem is particularly pronounced in the cold. When pressing the accelerator, the car hesitates a moment, then shudders, as if coming alive and moves off. This procedure happens at least once a day – typically in the mornings
• Rusty hubs: The brake callipers, the nuts on them and the hubs on the car are rusty/corroded! Bright orange rust – spoiling the look of the car!
• Sticking brakes: This usually happens after I brake hard. Post this, on acceleration, the car hesitates; lurches forward and then moves on.
• Rattling Windows: The driver and passenger side windows rattle, pretty much all the time – potholes, bass heavy music, and especially while opening and closing the doors.
• Bubbling on passenger Door sill - the Mercedes Benz lettering is bubbling. This is not on a top surface etc. it is on the lettering itself.
• The condensation in the indicator lenses in the door mirrors is still there. We had pointed this out as well when we collected the car.
• Temperamental electronics - especially the door mirrors which refuse to open automatically, or close automatically at times

I have sought legal advice, and have been advised that I am well within my rights to reject the car and request for a refund under the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002. Under this act, the law gives buyer several rights and applies to the sale of used cars in the same way as to other goods. When I bought the car from you I have the right to expect the car to be:

• of satisfactory quality;
• fit for its purpose, including any particular purpose made known, and as described.

The law defines goods as being of ‘satisfactory quality’ if they meet the standard that a reasonable person would regard as satisfactory – taking the description of the goods into account, the price (if relevant) and all other relevant circumstances. Given the long list of complaints on this car, I believe I can describe it as not of being satisfactory quality. Therefore, I am notifying you that I am rejecting this car and requesting you to refund £37,180 to me.

Regards

 

[Timechaser]

Update

Went around to the dealership today morning. Had a pleasant chat with the manager and the salesperson - both agreed without any fuss that the issues I was facing were not good, and would be fixed. I brought up the possibility of exchange - which the manager was happy for, but no CLK 350 Sport in his dealer network. Talked about money back - to which he said that he wanted a chance to fix things before that. Fair enough - so he is ordering bits and pieces, and if everything is fixed, I keep the car.

Happy with the solution as I really like this car, and it is ****** rare - not more than 1 or 2 at any given time, and the price I got this one at is very sweet! IF he doesnt fix everything on the other hand, well money back and another CLK!

Win-win for me I would think.

 

[davidsl500]

I think you will find that once you accept a repair on the vehicle that you will have deemed to have "accepted" the vehicle and thus the refund option will go out the window.

If the dealer is saying that if you are not happy after the repairs then they will refund then get it in writing now, before they start the repairs.

You can always check out the position with Consumer Direct on the above.

 

[D3Less]

As davidsl500 says I think as soon as you accept a repair a lot of your rights go out of the window and you would have to then give them a reasonable number of attempts to rectify all of the problems.
By that time it would by virtually impossible to get your money back.

 

[Dave's E55 AMG]

I would check it out, as in the last 2 threads. Would you not consider a SL350, for the money you've paid you can pick up a nice one. I know it wouldn't be as new there's an 04 on a 53 plate at MB Manchester with 37K mileage for £37K.

Or check out these CLK's.

http://atsearch.autotrader.co.uk/www/cars_search.asp?searchform=&modelexact=1&lid=search_used_cars_full&photo=1&state=none&sort=3&hassearched=Y&make=MERCEDES-BENZ&min_pr=35000&source=2&model=CLK&max_pr=40000&agerange=5&mileage=&miles=1500&trim=clk350&keywords=&postcode=wn4+9pw&ukcarsearch_full.x=39&ukcarsearch_full.y=8

 

[Timechaser]

Thanks for the link dave. SL is not an option, as I said, otherwise I wouldve bought the SLK - simply coz I cant buy one with 2 seats. Hell, if two seats wouldbe been an option, I wouldve bought a Maserati Spyder!

None of the CLKs are what I want - except one, which is at Liverpool and I knew about, but is not a part of their dealer group so not possible under exchange plan.

I talked to Consumer Direct, and their advice was also that the dealer should get a try to fix the faults before I reject. Honestly, none of the faults is major enough to affect performance (the gearshift Judder is coz of the 7-g tronic system, not any issues etc.), the sticky brakes need brake pad replacement which the dealer is willing to do etc. etc. Biggest issue I think is the rust on the hubs and calipers - which if he doesnt fix, I will reject! Simple!

Anyhow, thanks for the link - will maintain a watch on autotrader!!!

Cheers
Puneet

 

[television]

Re the rusty hubs,all secondhand and almost new MB's have these. When MB SW saw my painted hubs they have been making theirs look better. It something that is easy to do and only takes a couple of hours your self.

Malcolm

 

[124coupe]

The "approved used" scheme is across all the UK Merc dealers (not just within each Group). Obviously the dealer will try to keep you within its stock if they can.

This is the cover (from the brochure):

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).

This is part of the "offer" you were made and accepted as part of the purchase and is contractual. Its also separate from the legal fit-for-purpose protection.

If the Liverpool one is at a Merc Dealer then it's in the frame as a possible.....just don't exceed the 1,000 miles or the 30 days while they try to fix yours!

 

[jberks]

I'd agree with the above. Sure give them the opportunity to put it right but I'd also ensure that they put in writing that they are freezing the 30 days whilst they do this.
I suspect that they aren't authorised to do this however as its an MBUK scheme. In which case, I'd repeat that I was rejecting the car under the scheme....but... if they repair it to my satisfaction, I may be willing to take it back if another suitable car hasn't come up at the time.

Just be wary as if it's been pranged, it may never be right, no matter how hard they try. I've had properly repaired cars and despite best efforts, I could tell they'd been repaired. The paint isn't quite right, the shut lines, good but not perfect, the odd rattle from where a clip has been reused etc. If it was a 4 year old motor then perhaps, but yours should be as close as doesn't matter, new.

 

[Timechaser]

I had a mate over today who knows much much more about cars than I do - his family owns a series of garages in Corsica, so he's been tending to cars since he was a teeny. He said the noise on the driver side was not a prang, but the window which just needed to be reset and he had seen a load of cars with this issue and if he had the right tools, it was a 15 minute job, so that is a relief.

I talked to the manager again today, and they have ordered the parts in.

My 1000 miles are not going to be up as I dont drive that much. 30 days is up on the 25th of February so still ample time - they are aiming (or so they say) to have it repaired wihin 2 weeks.

Fingers crossed, things will go fine!

Thanks a LOT to everyone for the support/advice