Timing chain issues before new car collection. Our rights to pull out?

s512

Hi all,

Hoping for a bit of advice on our current situation.  We purchased a Mercedes C class (2011) 3 weeks ago that had an engine light on - told it would probably be a sensor (I thought so too) and they'll get it fixed before collection. However, it's now been nearly 4 weeks and they're still working on the car - turns out the timing chain was to blame, and by the sounds of it there were further issues.. guides were worse than expected and they needed some new pulleys iirc. This past week we've been getting regular updates, and now it's all back together but the problem is there is no oil getting to the top of the engine!

So now I'm concerned about the state of the engine, and would like to pull out on purchase... it sounds like they've been rushing to get this fixed in evenings and now oil not flowing freely through the engine is bit of a concern.  I'm sure one way or another they can get it fixed but concerned about the longevity of the engine. The problem is we paid the balance in full (in hindsight was a terrible idea but live and learn)... 

Having done some research, it looks like we have the right to a full refund if we can prove the car was faulty when we bought it.  Well it was, because the engine light was on, but they're in the process of getting it fixed and we haven't collected the car yet.  So would this still apply?  Are there any regulations out there that cover this scenario?  

Also worth noting they did some repairs to the interior of the car as part of our negotiations to purchase, which have been completed.  We have been offered a courtesy car but don't actually need one right now.

I plan on speaking to them tomorrow but would like some legal argument up my sleeve. 

Any advice would be helpful.
Thanks in advance,
Sam

EdGasketTheSecond

If they've done all that work for you then they will not be happy for you to reject it. Not sure of legal position; I think you have to give them one chance to fix a fault and this is their chance.

s512

EdGasketTheSecond said:

If they've done all that work for you then they will not be happy for you to reject it. Not sure of legal position; I think you have to give them one chance to fix a fault and this is their chance.

Fair point, but it is something they would have had to do regardless. When it happens shouldn't make much difference... is my logic... 

shaun_from_Africa

EdGasketTheSecond said:

Not sure of legal position; I think you have to give them one chance to fix a fault and this is their chance.

One chance to fix it but according to the consumer rights act,  this must be carried out:

within a reasonable time and without significant inconvenience to the consumer

I personally wouldn't say that 4 weeks is a reasonable amount of time for an engine repair.

jacsll55

Reject and move on plenty of Merc's out there.

poppasmurf_bewdley

If the guides are worn, what else is worn? The car sounds like a wrong un and you would be best advised to walk away now before accepting delivery.

shaun_from_Africa

Another thing that would concern me:

This past week we've been getting regular updates, and now it's all back together but the problem is there is no oil getting to the top of the engine!

To find this out, they probably had to run the engine and if so, long did they run it before discovering the problem and what damage or wear may have been caused before they stopped it?

George_Michael

s512 said:

Hoping for a bit of advice on our current situation.  We purchased a Mercedes C class (2011) 3 weeks ago that had an engine light on - told it would probably be a sensor (I thought so too) and they'll get it fixed before collection. 

Did they appear to know about the engine light before you pointed it out to them?
If so, I would definitely be asking for a full refund and looking elsewhere for another car.
If they knew about the warning, why even put it up for sale until they have resolved the problem?

How did you make the payment for the car? and is it a well established dealer or a small back street sort of place?

s512

Spoke to them today and they were actually very understanding and happy to issue a refund. I was actually expecting more of a fight to be honest... so well done them.  It's a small but well established trader - been going for over 12 years for sure.

They acted surprised when I mentioned the light before purchase (2 different sales people) and said it would get sorted before collection.

Anyway, for future reference - I explained that it wasn't as described when purchasing (as told it was a sensor) and wouldn't have bought it if I knew it was anything more serious... and that it had taken a very long time to get this far and still wasn't ready.  They were understanding, thanked us for our patience and had no problems issuing a full refund (back onto debit card). 

Thanks all for your help!