Problems with Mercedes-Benz dealer - can I hand the car back?

Hi,

I am having some issues with a Mercedes Benz franchise dealer. I have written to the world wide boss in Germany. I sent the letter “International Tracked” and I know it was received on 5th November. I also CC’d the letter to the Franchise CEO, but I have not had any response from either.

In the letter, I stated I would hand the keys back tomorrow, along with the V5 and cancel the direct debit, sighting breach of contract as I am essentially paying for a vehicle I haven’t had for nearly 2 months.

I guess my questions are:
a) Do I have a leg to stand on?
b) How do I get them to sign their part of the V5?

I am happy to seek full legal advice, however, due to work commitments it is difficult to “see” a solicitor and I am not sure how best to approach / find a solicitor.

The details of my issue are posted here (not the letter though): mbclub.co.uk/forums/engine/200020-w205-amg-compression-problems.html

(Apparently I am a "new" user, so no hyperlink - sorry)

The car was “bought” from new on a Personal Contract Plan.

If anyone has any pointers or advice that they could share, I’d be most grateful.

Thanks

W.
«1

Comments

  • Browntoa
    Browntoa Posts: 49,598 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ex forum ambassador

    Long term forum member
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Instead of going all guns blazing with letters to various CEOs have you at anytime contacted Mercedes Customer Services?
  • m0bov
    m0bov Posts: 2,668 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You should be speaking to your PCP provider as they own the car, they will work on behalf of you. Sending letters to random CEOs will get you no where.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Whats the problem, how did you pay for the car and how much was it?

    Given your reference to direct debit, was it perhaps hire purchase or finance agreement? If the latter, was it a debtor > creditor > supplier agreement or was a deposit paid by credit card? If so, your card company will be jointly liable and a section 75 claim may be possible depending on the issues.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • woter324 wrote: »
    I have written to the world wide boss in Germany. I sent the letter “International Tracked” and I know it was received on 5th November. I also CC’d the letter to the Franchise CEO, but I have not had any response from either.

    Do you really think the CEO's have nothing better to do the answer general customer gripes? They will have spent tens of thousands employing customer service agents, no wonder it's not possible for them do to it all themselves? What on gods earth really made you think they'd do that? What do you think CEO means? It'd the person who runs the company, not some customer service dogs body!!!
  • macman
    macman Posts: 53,129 Forumite
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    On what date did you purchase the vehicle?
    No free lunch, and no free laptop ;)
  • Hi Macman,

    15th June 2015.

    Thanks
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So CRA 2015 does not apply and you have to reply on SOGA.
    Unless they agree to accept it then they won't be signing any part of the V5C, as you remain the registered keeper.
    No free lunch, and no free laptop ;)
  • flashg67
    flashg67 Posts: 4,119 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I can see your car has been a bag of sh*t so far, but if your attitude on the forum is the same with the dealer and their staff, I'd be wanting to speak to you as little as possible too!

    eg - every reference to dealer is 'stealer' - childish IMHO
    eg - I don't think Vauxhall make a "prestige" car - typical 'premium badge' 'entitled snob' comment

    Just sayin :)
  • kev.s
    kev.s Posts: 513 Forumite
    I can tell you from exprerience, you can do this, although not as simple as you think, you must first give the dealer a minimum of three chance to rectifying the fault, and when you first book car in, ensure this is logged with manufacturer and obtain proof, second you need to have valid reasoning to why the car is being rejected. 3rd you need to formally reject the car to the dealer, after you do this you must stop using the car and hand it back to the dealer (unless they agree different in writing) 4th you must continue with payments as you'll be in breach of contract with your finance co, 5th if you are successful, you'll lose a certain amount of money due to depreciation/mileage-that's if you get refund, but again you must give the dealer the chance to repair or replace, if they replace then they can offer you same car, this can be used but to same spec, neither party can gain betterment.

    I successfully done this with Audi, but beware it'll take around 4-5month, and shouting your mouth off will get you no where..

    Good luck
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