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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75142
Experience:  Qualified Solicitor
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I have a legal question related to my car, UK, None yet, No

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I have a legal question related to my car
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: None yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Please provide some more details of your circumstances. Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 15 days ago.
Hello.I bought a brand new car (Mercedes GLS) from Mercedes Southend in October 2020.
Few months later, in early February 2021 the car broke down and I took it for repairs to Mercedes Chelmsford (where I live) on 8th Feb 2021.
The reason for the breakdown was that I was carrying a plastic water tank in the car salon (the tank was used to wash my dogs after walks) and it leaked. Eventually, too much water accumulated in the footwell and other places in the car that the sensitive electrical wiring was irreparably damaged. I hadn’t noticed it until the car equipment started failing, and I took the car to Mercedes Chelmsford.The estimated bill for the repairs was up to GBP 15,000. Because the damage done to the car was my fault, the insurance company refused to compensate any part of it. And I am not questioning that.Mercedes Chelmsford undertook to do the repairs but the new electrical wiring had to be ordered and manufactured (some even in the US). As of now, i.e. 7 months later, they still haven’t had the car fixed claiming delays and long lead time in producing the components etc etc. Today they said that the last piece of wiring has to be delayed by at least another couple months because the original order was lost in their system.I have been given a replacement car (Mercedes GLC) which I have been using almost since my car was taken in for the repairs. I am fine with the replacement car on a temporary basis, but it is certainly not a complete replacement of my own car because it has lower specs, lower capacity etc.I wonder if I have sufficient grounds (unbelievable delay and mess with procuring the spare parts) to claim that the repairs should be done free of charge. Or another compensation of some kind should be offered to me. It’s unbelievable how poorly the Mercedes supply network is organised, even taking into account the Covid/Brexit factors. Please let me know your thought on what I can hope to be able to claim from Mercedes.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

When a consumer enters into a contract for services, the Consumer Rights Act 2015 says that such services must be:

- Finished within a reasonable time (unless a specific time frame has been agreed)

In addition, any information exchanged in communications between the parties, whether written or verbal, is binding if the consumer relies on it to proceed with the services in question. If there are problems and the trader cannot satisfy the above criteria, which are legally expected of them, the consumer will have certain rights

In the case of delays, for example if the work has substantially gone over the agreed schedule or not been performed within a reasonable time, the consumer can ask for a price reduction to cover any financial losses or inconvenience caused as a result. What that compensation is would depend on various factors, such as the length of delay, reasons for it, impact it has had on you, any costs incurred by you, etc.

I appreciate the delay has been much longer than anticipated but you have been given a courtesy car in the meantime, which even with lower specs, is not that much different so the inconvenience has not been major as such (at least that is what a court will likely believe based on the facts).

There is no way you will get the repairs for free I’m afraid, it is unreasonable to try and argue that the discount should be 100%, unlikely to even be 50%. You are looking at a percentage in the region of something like 20-30% perhaps, even though that could still change in either direction if a court has to make the decision on it.

You should try and negotiate this with the company for now but court is always there if you need it.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 15 days ago.
Thank you for tour detailed feedback. I’ll try to negotiate a discount with Mercedes, also given the fact that I have been their client of almost 10 years and we have 2 Mercedes cars in the household.

You are most welcome and good luck with it. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best

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