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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I bought a brand new Mercedes which is currently 15

Resolved Question:

Hello, I bought a brand new Mercedes which is currently 15 months old. It is currently in the garage for engine faults for the fifth time, and each time it has taken two to three weeks, with one time taking 6 weeks to repair.
I've said to the dealership that I have lost all trust with this car and wanted a replacement, but they have refused, although they have offered an age old equivalent in exchange.
In your opinion can I take this matter further?
Thank you
Allan
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you with this.What is it you want to achieve? Did you buy it on finance?Alex
Customer: replied 8 months ago.
We would like to have a new replacement vehicle of the same make and model in replacement. We paid for the car in cash.Allan
Expert:  Ash replied 8 months ago.
When did you buy it and how many times has it been repaired?
Customer: replied 8 months ago.
Bought in December 2014. It is currently in the garage and as I recall this is the fourth time following error messages appearing for a transmission failure. There was a fifth time when just following a service the Mercedes dealership forgot to reconnect the coolant hose (although this latter issue isn't really my issue). Thank you Allan
Expert:  Ash replied 8 months ago.
Thanks. So how many times has it been in please?
Customer: replied 8 months ago.
Four to do with the issue at hand
Expert:  Ash replied 8 months ago.
Thanks. Its bad news I am afraid, under the Sale of Goods Act (which is what applies here) you have a limited time to reject goods, but you lose that right to reject if you have a repair.As you have had a repair you cant now reject it and sadly you can only continue to have repairs. But you are entitled to sue for loss, damage and compensation.You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not comepensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 8 months ago.
Oh that's a shame. Thank you for your help. Allan

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