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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45377
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I purchased a brand new Mercedes A Class from my local

Customer Question

Hi, I purchased a brand new Mercedes A Class from my local Mercedes branch 3 months ago. Since the speedometer hit 100 miles I have had nothing but trouble with the vehicle, it’s been in now for the 5th time and I have had to quote the sales of goods act and put a letter of rejection in for the vehicle to hopefully get a full refund. Mercedes keep fobbing me off and have had the car for over a month in total alone to try and resolve the same problem. I fear from a safety stand point the vehicle isn’t road worthy and they tell me it is but acknowledge there is a fault. I am approaching the 2 weeks next Thursday with no refund in sight. Furthermore, the courtesy car I have been provided has a huge chunk in the tyre sidewall taken out from someone else using the car, it is acknowledged on the paperwork but non the less is illegal and unsafe so as per my original message, I really don’t trust this garage and need to move on. Please let me know what you recommend?
Submitted: 3 months ago.
Category: Law
Customer: replied 3 months ago.
From a personal perspective the stress and time out of work this has created has been exceptionally high, I have pointed this out to the dealership also but they don't seem to be too interested either. I feel as though I am just a small fish in a very big pond that will be swallowed up and just need someone to tell me if I am proceeding in the right way.
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. When did you submit the rejection?

Customer: replied 3 months ago.
Hi Ben,So I submitted a first letter of rejection a month ago, I was told they would source a replacement new vehicle or like for like however non of these two materialised as apparently head office seeked additional work on the vehicle. This took place however within 35 minutes the fault was back when I collected the car. The vehicle had then gone in again and I was advised it'll be repaired the same day, unfortunately a week had passed with no resolution so I sent them my second rejection letter on the 23rd September.
Expert:  Ben Jones replied 3 months ago.

Thank you. First of all the Sale of Goods Act no longer applies, it was replaced by the Consumer Rights Act 2015.

The rights you get under it are similar and it states that when a consumer makes a purchase from a business seller, the goods must be:

· of satisfactory quality – they must not be faulty or damaged when you receive them;

· as described – they must match any description given to you at the time of purchase; and

· fit for purpose – they should be fit for the purpose they are supplied for,

If they do not match the above requirements, you will have certain legal remedies against the seller. Your rights will not be against the manufacturer as they will only be responsible if there was a manufacturer’s warranty or guarantee with the goods. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

If the goods do not meet the criteria mentioned above, you will have the following rights:

1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase.

2. Ask for a repair or replacement – if you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. If a repair has been arranged but has failed, or if a repair or replacement are not possible, you are still entitled to ask for a refund, or a price reduction. Alternatively you could get a second repair or replacement at no extra cost to you. However, the retailer can refuse if they can show that your choice is disproportionately expensive compared to the alternative.

A useful rule is that if a fault appears within the first 6 months after purchase, the law assumes that they did not meet the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the fault occurs more than 6 months after purchase, it would be down to the consumer to prove that they did not meet the statutory requirements set out above at the time of sale.

The issue is that you would have only had 30 days to reject so as you are outside of the initial 30 days and are too late to reject them, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable rights you have under the Consumer Rights Act as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.

This is your basic legal position. I have more detailed advice for you in terms of the options you have should they refuse to repair or replace the vehicle, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 3 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Customer: replied 3 months ago.
Hi Ben,Many thanks for the response here, I have a rough understanding of what you have said but in truth I am now unsure how I should proceed as my vehicle is just over 3 months old now, I issued a letter of rejection which I fear may not be valid. I'd like to know what your recommendation is with this moving forward.Thank you.
Expert:  Ben Jones replied 3 months ago.

Hello, I can certainly provide follow up advice on how to proceed further, please leave your rating and then I can continue, the question will not close, thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45377
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Sure I have done this.
Expert:  Ben Jones replied 3 months ago.

Thank you. After the initial 30 days your rights are to a repair or replacement. Whilst ideally you should try and get these resolved with the dealer, if that is not possible then you do have other options. First of all Trading standards could help but if that does not then you have the county court if needed. There you would be seeking compensation for the costs of a repair or replacement.

Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. 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 party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably 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 pursue the compensation due. 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 other side 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.

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