Problems with Used car purchase.

Zainie786

Hi Guys

I was hoping someone could give me some advise.

I purchased a car (Mercedes CLS) from a used car dealer on 12/02/2017. with 4000 by motonovo finance and 3800 by debit card.

On the 17th it went into limp mode. Green flag read the fault codes and it appears that the car cannot communicate with the Transmission Control Unit.

I spoke with a mercedes specialist the following morning and they said that 99.9% it means that the TCM would need replacing. Being Mercedes, this is a repair that means that the entire valve body and conductor plate are integrated with the TCU. The specialist reckoned that this would be a job of around 1200 pounds.

I informed the dealer straight away and they told me that they will need to diagnose, but will be repairing the car. Being a saturday they would be in touch with thier mechanic on monday to organise this. he promised me he would get in touch monday morning.

Monday morning came and went. Midday i got in touch and was told that hes waiting for a call back.

This evening i was in further contact where he said he wasnt able to get in touch today but will chase tommorow. The dealer then asked me how im going to get the car back to him. I replied and said that i cant, as the car is locked in second gear, and cannot exceed 30mph. The only route from me to the dealer involves the M1 and while it is normally full of traffic, i cannot knowingly drive the car on it without being very irrresponsible.

He said that this is what he needs to get the car repaired. Ive left it by stating that i cannot drive it back to him, and dont see it as my reponsibility to bear the cost for the vehicle to transported. He said he will get back to me tomorrow as its after hours.

I wanted advise on whether i am right or not and what should be the next step if he refuses to collect it.

What are my legal rights to force a repair or compensation for a repair. I know that i can reject the car but i dont want to as this car is one of a kind.

thanks so much in advance

zain

ratrace

mate, what model is it, diesel or petrol also whats the current milage on the car and does it come with full servce history

you are still within your legal rights as you have only had your car a short while, but to be fair the dealer is trying to sort it out, you just have to hang fire and see what they say for now

Very nice car by the way...

Zainie786

Hey Ratrace.

Cheers man, i absoloutely love it.

Its a 07 plate diesal with full service history and 90 on the clock.

Would you think im right in not forking out the transportation costs? or should i just do it.

AdrianC

Zainie786 wrote: »

The dealer then asked me how im going to get the car back to him. I replied and said that i cant, as the car is locked in second gear, and cannot exceed 30mph. The only route from me to the dealer involves the M1 and while it is normally full of traffic, i cannot knowingly drive the car on it without being very irrresponsible.

Even if you tried to drive it, any damage arising from that would be your problem.

Don't you have breakdown cover? You say Green Flag read the codes. Why did they not transport it to the dealer then?

He said that this is what he needs to get the car repaired. Ive left it by stating that i cannot drive it back to him, and dont see it as my reponsibility to bear the cost for the vehicle to transported.

It is your responsibility.

What are my legal rights to force a repair or compensation for a repair. I know that i can reject the car but i dont want to as this car is one of a kind.

You have the legal right to expect a car that is fit for purpose, taking into account the age, price and apparent condition.

So the question is whether it's unreasonable for a decade-old 90k mile car to have a problem with the transmission? No, it is not. But that's irrelevant, since the dealer have already accepted responsibility for getting it repaired. You want it repaired, you don't want to reject it. So everybody's happy, right?

You're getting exactly what you wanted. Job jobbed.

digger61

Must be a bad month for buying cars. I have the same problem bought a car on 11th February and the brakes failed 6 days later. I also have been offered a repair but have refused as the Consumer Rights Act 2015 states "goods must be of satisfactory quality, fit for purpose and as described. Buyers are entitled to reject the product within 30 days of purchase." The early right to reject is new prior to the Act suppliers had the right to repair they do not have that right any more. So get your money back !

Bigphil1474

Sounds like you need to let them have a go at repairing it. For getting it there, it's worth asking Green Flag. I'm with RAC - when I broke down on a Sunday a couple of years ago, all they could do was tow me home. They told me to ring the next day and ask for onward recovery to get it to a garage. Would have thought GF would do the same. Even if you end up paying for recovery, it shouldn't be much more than £70, and Green flag may do it cheaper if you aren't eligible for free recovery.

Zainie786

Hi Guys

Thanks for the advise.

I have got the car back to him day before yesterday, using green flag.

What would be a reasonable time to expect the car back by? E.g when is it time to start pushing the dealer. I know the act states a reasonable time but I find myself to be quite unreasonable

AdrianC - I agree that the age means that there will be problems but surely it is not unreasonable to expect the car to be able to exceed 30mph. After all I wouldn't be paying £7000 for the same constriction as a 50cc moped. And further to this I would expect that the car worked fully, I would expect cosmetic issues but not performance.

Digger61 - I think it's the month mate. Little issues I have no problem with, but big ones are bad. I actually really like the car and won't be able to find one for a similar price if it all, which is why I chose to repair rather than refund.

BigPhil1471 - green flag covered me for 10 miles and charged me £30 for the rest. Sort of wish I had taken the upgraded cover for £15 when I purchased the policy which would have negated the £30 payment.

AdrianC

Zainie786 wrote: »

I agree that the age means that there will be problems but surely it is not unreasonable to expect the car to be able to exceed 30mph. After all I wouldn't be paying £7000 for the same constriction as a 50cc moped. And further to this I would expect that the car worked fully, I would expect cosmetic issues but not performance.

Yes, you should expect it to work properly. And if it doesn't, the supplier should sort it. Which they're going to.

Nobbie1967

How can the only route be via the M1? There are obviously other routes to get to the dealer unless they are based at a Motorway service station?

Zola.

Not the best start. That would put the fear in me!