New Car sold with known fault/Recall

NelsonLeal

Hi,

I am new here and hope someone can help.
I got a new Mercedes in 2011 on Contract hire.
The car is now 2 year old and the injectors went causing the car to overheat and damage the engine to the point that needs a new engine.
Can the contract be void bearing in mind that they new about the problem and they failed to let me know at the time of me signing the contract?

Many thanks
Nelson

MamaMoo_2

NelsonLeal wrote: »

Hi,

I am new here and hope someone can help.
I got a new Mercedes in 2011 on Contract hire.
The car is now 2 year old and the injectors went causing the car to overheat and damage the engine to the point that needs a new engine.
Can the contract be void bearing in mind that they new about the problem and they failed to let me know at the time of me signing the contract?

Many thanks
Nelson

If you can prove it's an inherent fault, and it sounds as if you can, then they would be liable for the repair costs (assuming this is a consumer sale, not business to business)
Have you tried approaching them?

visidigi

I can't see how it can void the contract but I can see how they could be liable for the repair..

neilmcl

Surely the warranty will cover this. Also, as it's a contract hire you haven't been "sold" anything, you don't own the car you're merely leasing it. Have you informed the lease co. and if so, what was their reply?

mattyprice4004

I don't understand how injectors failing can cause an overheat.

dalesrider

mattyprice4004 wrote: »

I don't understand how injectors failing can cause an overheat.

Causes the engine to run lean. Which increases heat produced.

When was the fault 1st admitted by Merc and a recall started?

Since you know there was a recall on the car. Have you ignored the request to get the problem resolved?

stef73

If you goto the VOSA website there is a recall search put you make and model in and it should bring up any recalls.

thunderella

dalesrider wrote: »

Causes the engine to run lean. Which increases heat produced.

When was the fault 1st admitted by Merc and a recall started?

Since you know there was a recall on the car. Have you ignored the request to get the problem resolved?

On a new car (well anything built since 2004, perhaps earlier) I would have expected such a fault to display one of the warning lamps and even put the car into limp home mode, or even stop completely.

bod1467

A quick search for mercedes limp mode yields many results, indicating that the car from 2011 should have had this feature.

arcon5

Wouldn't the temperature gauge have shown the engine as overheating?

But no, the contract is not void. Perhaps a breach of implied terms, but certainly not void

Geodark

NelsonLeal wrote: »

Hi,

I am new here and hope someone can help.
I got a new Mercedes in 2011 on Contract hire.
The car is now 2 year old and the injectors went causing the car to overheat and damage the engine to the point that needs a new engine.
Can the contract be void bearing in mind that they new about the problem and they failed to let me know at the time of me signing the contract?

Many thanks
Nelson

Did the EML (Engine warning light) not come on? If the fuel was burning lean enough to cause damage then I would have expected the light to come on. And as said before - if the engine was overheating then surely the temperature gauge would go up. Don't want to sound cynical - but I think that there is more to this than meets the eye.