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Short Term Rejection - Car - PCP Finance
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StuieUK34
Posts: 2,109 Forumite
Hi all,
Just seeking some input/thoughts or pointers if anyone else been in this situation. Am out of my depth from a legal point, but have read various threads to try and get my head round this.
Wife saw a 4yr old car with 22k miles on a non-franchise dealer website. Seemed reputable based on the vehicles they sell (high value).
Had video file sent to us showing the car and a walk-round, and includes the words "immaculate" in the video, it is a Mercedes E220d convertible in Red.
Wife did a PCP deal for the car over 4yrs, and signed and collected the car **17 Days** ago. When collecting, it was raining, so from a view perspective, it looked OK.
Below is what i am looking to add to a letter to indicate why we want to reject the car in Less than 30 days.
Day 1 - Collect car in Rain and drive home - 195 mile trip
Day 2 - Its Sunny, and after a car wash, can see 'micro-blisters' on the boot... At the time, i was un-sure what these marks were...
Day 4 - I take it to a Bodyshop, who confirm the micro-blisters, and then take a look at the whole paintwork. They point out the blisters are all over the car, but not as noticeable as the panels that face the sun.....
They also point out the front wings have had a paint job done, as 1 side looks slightly different in colour, and the other looks like a poor finish has been done, along with indications that some work has been done on the front bumper......
Day 6 - Went to MB Dealer, as i read some alarming stories about MB paintwork. Local Dealer advised to contact another MB dealer who had a bodyshop
Day 9 - Went to other MB dealer, who confirm the red paintwork was flawed, a known issue by Mercedes. Mercedes would correct the paintwork where the blistering occurs under there warranty, but the wait at that dealer is around 18-22 months to get done!
Day 13 - EML (Engine Management Light) has come on, and has now stayed on. Car drives OK, and is not in Limp mode. There is a cost to get the fault + cost to repair (whatever the issue is).
Day 15 - Emailed the Dealer indicating poor quality paintwork and asking for direction of the issue relating to the EML.
As it is, the paintwork is enough to make the car "not of satisfactory quality" ,as well as "fit for purpose", and with the uncertanty of possible damage at the front (poor repair ?) + this EML warning, we want to Reject the car under the Short Term Rejection.
If i have read correctly, we have to start the process to the Finance company, rather than the dealer. If right, we are to give the finance company 14 days to wrap this up, and if no resolution reached, we can commence legal proceedings to get the ball rolling (i get confused with the "you can reject the car within 30 days, but supposedly the finance company can put things on hold for an additional 8 weeks ???)
Is it a case of writing the letter to the finance company indicating the above (date view), and letting them deal with the dealer ?
Once the letter is sent, the vehicle will be parked and Not used, as my letter will state the car is ready for collection.
The 1st finance payment is not due until the 12th May, so ideally we dont want any payments being taken, but unsure if to cancel direct debit ?
Questions are:
Do i write my letter quoting the CRA 2015 and notice regarding the Short Term Rejection ?
Indicate the issues as noted above.
Wait until its reached 14 days atfer they receive the letter, then issue "letter before action" or can i skip that, and just start action ? (wife cant be without a car, so ideally want to get this resolved so she can purchase another one, just not read, and have a dam good look this time!
)
Cheers
Just seeking some input/thoughts or pointers if anyone else been in this situation. Am out of my depth from a legal point, but have read various threads to try and get my head round this.
Wife saw a 4yr old car with 22k miles on a non-franchise dealer website. Seemed reputable based on the vehicles they sell (high value).
Had video file sent to us showing the car and a walk-round, and includes the words "immaculate" in the video, it is a Mercedes E220d convertible in Red.
Wife did a PCP deal for the car over 4yrs, and signed and collected the car **17 Days** ago. When collecting, it was raining, so from a view perspective, it looked OK.
Below is what i am looking to add to a letter to indicate why we want to reject the car in Less than 30 days.
Day 1 - Collect car in Rain and drive home - 195 mile trip
Day 2 - Its Sunny, and after a car wash, can see 'micro-blisters' on the boot... At the time, i was un-sure what these marks were...
Day 4 - I take it to a Bodyshop, who confirm the micro-blisters, and then take a look at the whole paintwork. They point out the blisters are all over the car, but not as noticeable as the panels that face the sun.....
They also point out the front wings have had a paint job done, as 1 side looks slightly different in colour, and the other looks like a poor finish has been done, along with indications that some work has been done on the front bumper......
Day 6 - Went to MB Dealer, as i read some alarming stories about MB paintwork. Local Dealer advised to contact another MB dealer who had a bodyshop
Day 9 - Went to other MB dealer, who confirm the red paintwork was flawed, a known issue by Mercedes. Mercedes would correct the paintwork where the blistering occurs under there warranty, but the wait at that dealer is around 18-22 months to get done!
Day 13 - EML (Engine Management Light) has come on, and has now stayed on. Car drives OK, and is not in Limp mode. There is a cost to get the fault + cost to repair (whatever the issue is).
Day 15 - Emailed the Dealer indicating poor quality paintwork and asking for direction of the issue relating to the EML.
As it is, the paintwork is enough to make the car "not of satisfactory quality" ,as well as "fit for purpose", and with the uncertanty of possible damage at the front (poor repair ?) + this EML warning, we want to Reject the car under the Short Term Rejection.
If i have read correctly, we have to start the process to the Finance company, rather than the dealer. If right, we are to give the finance company 14 days to wrap this up, and if no resolution reached, we can commence legal proceedings to get the ball rolling (i get confused with the "you can reject the car within 30 days, but supposedly the finance company can put things on hold for an additional 8 weeks ???)
Is it a case of writing the letter to the finance company indicating the above (date view), and letting them deal with the dealer ?
Once the letter is sent, the vehicle will be parked and Not used, as my letter will state the car is ready for collection.
The 1st finance payment is not due until the 12th May, so ideally we dont want any payments being taken, but unsure if to cancel direct debit ?
Questions are:
Do i write my letter quoting the CRA 2015 and notice regarding the Short Term Rejection ?
Indicate the issues as noted above.
Wait until its reached 14 days atfer they receive the letter, then issue "letter before action" or can i skip that, and just start action ? (wife cant be without a car, so ideally want to get this resolved so she can purchase another one, just not read, and have a dam good look this time!
)Cheers
0
Comments
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On the paintwork I can't see you having a case for rejection - it's a 4yo car that you bought unseen from a non-franchised dealer. Given you couldn't see the issue it on video or on collection (albeit in the rain) then presumably only visible close-up in strong light by the naked eye and therefore likely to be subjective
For the EML you return it to dealer for them to check/repair and then go from there.
What is the dealers response to your initial contact ?0 -
Since you are within 30 days, you do not have to give them a chance to repair it.
Paintwork does not make it nonfit . EMG does.0 -
Cheers for the replies..
to note:
The paintwork makes it "unsatisfactory quality"
The Engine Management Light makes it "unfit for purpose" .....
If this were after 30 days, i understand that we would need to let the dealer look at repairing the EML , but as to the paintwork, no idea where we stand on that one!
Dealers response = details passed to there service dept, await response.0 -
The paintwork makes it "unsatisfactory quality" - subjective - especially given you had the opportunity to inspect on collection
The Engine Management Light makes it "unfit for purpose" - could be a 2min fix/DPF reset etc - not automatically 'unfit for purpose'
You've bought a 4yo car from a non-franchised dealer some distance from home through a Finance Company - rejection needs to be through them so make sure they're in the loop before you start threatening rejection to the supplying dealer0 -
cheers....
To be frank, the un-trained eye would not spot defective paintwork which had been polished and then had rain bouncing off the car. Even without the rain, polish can mask the issues. This was confirmed by the bodyshop for MB on Day 9....
Rejection would be to finance company (i read thats the process), but also a copy to the dealer to keep them in the loop.
Out of curiosity, the right to reject a car in 30 days....
Finance company website quotes "you must be able to prove the fault was there to begin with" ....
If thats the case, faulty paintwork = well, a fault really...
Fingers crossed either way!
Forgot to say: Supplying dealer replied to our email, and said they would cover the Diagnosis for the EML , which is cool, but no mention of the paintwork (as expected)...
The paintwork is the reason for rejection, the EML was a tipping point!0 -
Reject asap. A 4 year old Mercedes E class convertible with just 22,000 miles would usually be dealer stock, do you know why it has ended up out of their network so soon?
22,000 over 4 years in a modern diesel may not have been good for it, hence the EML.0 -
Does seem odd that a franchised dealer didnt have that car.... no idea why though...
When we asked how many previous owners, we were told 2, but that was verbally.....
When the logbook arrived, it showed 3 previous owners, which is a lot for the age and mileage....
The EML could be a simple o2 sensor, but the paintwork already placing major doubt in the car, followed by the EML light = casts bigger doubt...
Thinking ahead at the end of the lease, "what if" finance firm says the paintwork is a not of a quality finish, and attempt to bill my wife for a full re-spray, etc..... or even the front which already looks out of place...
Its those thoughts that add to the "short term rejection" idea.
Dealer has said they will pay a local garage to run the code check (diagnosis) , but even if repaired, still concerned about this paint scenario, as it stands now, and how it would be at end of finance.....
i'll keep you guys posted.....0 -
Get them to interrogate the ECU and confirm mileage,22k and 3 owners screams clocked.0
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undetterred wrote: »Get them to interrogate the ECU and confirm mileage,22k and 3 owners screams clocked.
Does it ?
1st owner was probably MBUK for demonstrator/pre-reg
2 more owners at 5k pa on a premium convertible isn't unusual at all0 -
Does it ?
1st owner was probably MBUK for demonstrator/pre-reg
2 more owners at 5k pa on a premium convertible isn't unusual at all
4yrs old, so had 1 mot to gauge mileage at mo. Could have been to the moon and back before this,mileage can even be trimmed before each service etc
Probably been on low mileage PCP, lots like this.0
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