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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46184
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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2 weeks ago I purchase a 6 year old Mercedes car from a 2nd

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2 weeks ago I purchase a 6 year old Mercedes car from a 2nd hand dealer. after two outings and 150 miles driving the car engine mgmt light came on and I immediately took the car to a local garage who diagnosed a number of faults which they were unable to repair as it was specialist Mercedes work. I have taken the car to Mercedes and they outlined a number of faults and a quote for repair of £1900. I authorised them to go ahead with the work as I require the car urgently for my day-to-day including school runs and work. I have also since contacted the dealer who said they would take it to be repaired at local garages but I wouldn't trust them to do this given they sold me the car possibly knowing its state and also given the advice from my trusted local garage who told me it was specialist work. the dealer is 60 miles away and getting the car to them would be a major job by itself. can I demand the cost of repairs that I have authorised from Mercedes either in full or in part from the dealer?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do you know how much the repairs would have cost at the garage?
Customer: replied 1 year ago.
no, they will only say it is less than a Mercedes repair
Expert:  Ben Jones replied 1 year ago.
That is probably going to be correct as the manufacturer’s repairs will be more expensive. You can’t say that because they sold you a car with faults you cannot trust them to repair it, especially if they are not the ones undertaking the repairs, so you would have really been expected to allow them to repair it as they saw fit. So you are unlikely to be able to recover the full costs of the repairs, but you can get a proportion of these back, equivalent to the amount the garage would have charged for them to do the work. So let’ say they would have done the repairs for £1,000, you can pursue the dealer for that amount and you would have to meet the balance for the Mercedes repairs personally. The law does protect you in a sense that you can get a repair or replacement, but you would not be authorised to undertake the repairs yourself and pay any amount, without giving the dealer the chance to do these first. That is why if you ended up paying higher than average costs to do the repairs yourself without consulting the seller fist, you may have to cover the difference yourself. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should they refuse to compensate you at all, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46184
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Customer: replied 1 year ago.
Many thanks for all your help. I am faced with two different scenarios: firstly, to allow Mercedes to continue with the repair and pay the full cost of this repair myself (£1900) and have the car returned to me on Monday; secondly, to hand the car back to the dealer who is 60 miles away, having to use breakdown service to transport the car to him and with an indication already from the dealer that I could be without a vehicle for a few days with repairs to be carried out by a centre I do not know or trust.Removing all cost considerations, I would prefer to allow Mercedes to continue the repair given the reassurance that they are best qualified to resolve the problems and offer the most convenient and practical solution. Could I therefore obtain indicative quotes for the required repair from a couple of local trusted garages (not the Mercedes workshop) and ask the dealer to do the same at his end and then come to a reasonable settlement given the various quotations? How would this stand up in law if the dealer failed to agree or pay? Many thanks
Expert:  Ben Jones replied 1 year ago.
Hello yes you may do so indeed. Usually such disputes may come to be resolved by getting 2-3 quotes from local garages and going for something in the middle so you may rely on such quotes to pursue an amount equivalent to these quotes. A court would likely accept these if they are reasonable

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