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Jenny, Solicitor
Category: Law
Satisfied Customers: 6428
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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My brand new car had a knocking noise identified within a week

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My brand new car had a knocking noise identified within a week after taking ownership. After 4 months of the mercedes dealer trying to fix the problem they agreed they couldn't and agreed to replace it with a brand new car. A month after they agreed this they confirmed that the original car was fixed and did I want that or did I want to wait for the new car to arrive. I rejected the old car and was waiting for the new car. New car arrived but mercedes refusing to give me compensation. I am currently in a finance agreement with them which has a balloon payment at the end. I now have only 2.5 years of the deal left before the car potentially is handed back but have paid for 6 months of the car to date. Should I take the car and pursue compensation or should I refuse the car until the issue is sorted out? Thanks
Hello my name is***** am a solicitor and I am happy to help you today. Have they provided you with a replacement vehicle whilst this issue has been ongoing?
Customer: replied 2 years ago.
Hi Jenny. Yes they have.
Is it of the same quality?
Customer: replied 2 years ago.
Hi. No it wasnt. I ordered an Slk (convertible) with several add ons (sat nav, parking sensors etc) and I have had a c class, b class and a class over the period. I had the a class for most of the time.
Have you asked for compensation for loss of use of the vehicle, if so what was the response?
Customer: replied 2 years ago.
Yes I have and I have been told to put it in writing but initial view is no compensation as they have given me a new car which is newer than my old NEW car! Just concerned that I may jeopardize this if I accept the car.
You should be compensated for your loss as the first car was faulty. This is quite hard to calculate but it would be the difference in value between the car you should have and the one you have been driving. I think what they are saying is that having a new vehicle could be beneficial as the cost of the balloon payment depends on the mileage done so the original mileage (in the first car) will not be used in the calculation. If you accept the car you are not prevented from making a complaint in the future unless you are asked to sign something which states it is in full and final settlement of any claim. In addition you risk your position if you do not accept in as you will not be able to claim in respect of any period that you could have had the new car. I am assuming , that you are not seeking to cancel the contract altogether as you have not mentioned that, but the position on accepting the car would be different if that was your intention. Is there anything further you would like to know?
Hello Samantha, is there anything further you would like to know about this?
Customer: replied 2 years ago.
Hi. Thanks for that. Would I now be able to reject the car and get my money back bearing in mind I agreed to them ordering me a replacement car?
Hi Samantha, they have got you a replacement though now haven't they?
Customer: replied 2 years ago.
Yes they have
In all honesty if you wanted to reject it you should have done that from the outset. As they have found a replacement and you agreed to them doing so then they would not now be legally obliged to accept it if you reject the vehicle. Is there anything further you would like to know?
Hi Samantha, do you have any further questions about this? If not I'd be really grateful if you would kindly rate my answer before leaving the site as I a not otherwise paid for the time I have spent working on your question. thank you and all the best.
Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.
That's perfect. Thanks for all your help
No problem. All the best.