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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50209
Experience:  Qualified Solicitor
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I have a Mercedes, which I've had from new, it is now just

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I have a Mercedes, which I've had from new, it is now just over 10 years old and the lacquer has started peeling off in places all over the car. can I claim against Mercedes? Steve
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Have you checked with a specialist to see what the reason for that may be?
Customer: replied 2 years ago.

No, not yet I was going to go to my local Mercedes dealer who services the car to ask them what was wrong

It is going to be very difficult to claim against Mercedes (it is actually the dealer you would be claiming against, not the manufacturer). You will have certain rights under the Sale of Goods Act, which states that anything you buy from a business seller must be of satisfactory quality and fit for purpose. However, to be able to claim you must be able to show that this issue was caused due to a defect at the time of sale. So it would be down to you to prove that for example the way the paint was applied was not as required or that it was done negligently. The main issue is the age of the car – after 10 years of use there could be all sort of reasons as to why this may have happened, the way it was exposed to the elements, etc that would mean the link with the way it was originally applied will be very difficult to keep. As mentioned it is now entirely down to you to prove that this was an issue that existed at the time of sale and if you cannot do that you cannot claim. Also you are out of time to claim too as any claim under this legislation must be submitted within 6 years of the original contract (this being the sale of the car). You have nothing to lose by approaching the dealer and asking them to consider some sort of compensation but if they refuse then consider the above information before deciding to take it further. From a legal point of view, it is unlikely to be something you should take further. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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