Rejecting a new Mercedes C43 cabriolet due to fault

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This topic contains 3 replies, has 2 voices, and was last updated by Stuart Masson Stuart Masson 7 months ago.

  • Author
  • #113055 Reply

    Mick Dixon

    Hi Stuart. I purchased a new Mercedes C-Class C43 cabriolet in late October 16. Within 1 week I found a fault with the manual gear change from 5 down to 4. If felt like someone was applying the breaks. It went back to dealership but they were unable to fix the problem. I was asked to take the car back to then for a longer period of investigation. They had the car for 4 days from the 5th Dec 16. The car appeared fine to start with but within 2 days the problem reoccurred. I spoke with the dealership and was offered a new replacement or refund by their Head of Business. I took the new replacement as I loved the car. I was told it would be March delivery. I was informed that the car was are to drive and that it would be easier for me to keep this car as they did not have anything similar or worthy of then value of my monthly payments on the PCP.
    The guy I bought the car from went on long term sick and in that time the delivery was pushed back to April and then June. Nobody informed of that until I received a text from a junior sales person. To cut this slightly shorter, I have now rejected the vehicle as the car has faulted on the gear change from 3 to 4 as well. I have given the keys to dealership and have been informed that the deposit of £10k will be refunded and that a claim for the amount paid on finance has been submitted. it has been indicated that they may charge for mileage and usage, is this acceptable when I was doing them the favour of retaining my car? Thanks

  • #113304 Reply
    Stuart Masson
    Stuart Masson

    Hi Mick. If you are rejecting the car after the first 30 days, but before six months, the dealer can charge for wear and tear.

    For more information, have a read of our article about rejecting a car.

    • #113339 Reply

      Mick Dixon

      I’m trying to determine if this is within the 30 days. Problem occurred in Oct and went straight back to garage. Was asked to book it back in which was the Dec dates. on the 10th the issue occurred again. Did I reject the vehicle then when I was offered a new car or a refund? The time has only elapsed due to the time taken to order a new car. This has constantly slipped and the idea;reship failed to inform me.I was driving the car at the dealerships request.
      They have retained a sum equivalent to 2 months payment which is over £1k as they insist it is a 6 month rejection.

    • #113516 Reply
      Stuart Masson
      Stuart Masson

      It counts as a rejection if you clearly stated – in writing – that you were rejecting the car under the Consumer Rights Act 2015.

      If it was simply a conversation you had, and there is no independent witness, then it won’t count as a rejection under the terms of the Act.

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