Mercedes E class 250 cdi 2012 - Section 75 advice - poppycock

Hi everyone,

I have a query and wonder someone on this forum can guide me in the right direction.

I bought 2012 E250 Mercedes from Mercedes Benz main dealer in Southwest (Exeter). Sale was agreed over the phone and I paid in full before car was delivered to my door in London.

I noted some noise (druaght of air) from rear window which was annoyingbut since nothing serious I didn't immediately seek advice knowing car was still covered under warranty until Jan 2015. Yesterday I took the car to my local Mercedes dealer in Loghton who tested and agreed there was a problem but the nosie was from air coming in via ill fitted rear door. they believe door was stripped for some reason(? accident) and not properly re fitted leaving a small gap and that won't be covered under warranty! Asked me to contact mercedes benz Southwest .

My question is:

I bought used and approved car from main dealer and am I right to expect that this problem should be sorted by Mercedes dealership?

If Mercedes Southewest refused to co-operate do I have a chance if I used section 75 and contacted my bank as I used my credit card to secure the car?

Please advise.

Kind regards

Mercedes E class 250 cdi 2012 - Section 75 advice - oldtoffee

The supplying dealer should rectify the problem. It is unreasonable to expect your local Mercedes main dealer to do this. You could ask the supplying dealer to pick the car up, fix it and return it and loan you a car while they do it. They might consider the cost of doing this is more than having the door properly refitted by you locally. You should be quite firm and say you would have expected to be told of any damage when buying the car and if they failed to advise you then you have additional rights such as returning the car which you will do if they refuse to accommodate your reasonable requests. No phone calls, polite but firm letter to dealer principal tell them you've taken legal advice and ask for their reply in 7 days. Copy to Merdes Benz UK who should know that one of their main dealers is selling cars not prepared to MB's high standards. Contact your credit card company and ask them to put the payment under dispute which if they agree to do will help focus the mind of the dealer principal on the issue.

Mercedes E class 250 cdi 2012 - Section 75 advice - catsdad
Surely the first step is to contact the supplying dealer and it's not clear if the OP has done that or not? I don't see the need to get all "legal" when it might well be sorted out quite simply. If the dealer then refuses then other steps can be considered. Having said that it's very frustrating to be sold a car with a fault that you suspect the dealer was aware of so good luck in getting it resolved.
Mercedes E class 250 cdi 2012 - Section 75 advice - poppycock

Dear Oldtofee and catsdad,

Many thanks for your valuable advice. I emailed Merc Southwest asking them politely to authorize work at my local dealer. I didn't get a reply so I followed it up with a phone call this morning. I have been advised to go back to my local dealer and they'll get in touch with them directly. Hopefully it will be sorted on Monday and I'll post an update here.

Kind regards

Azaz