Loan voice

The following scenario reads like an extract from you website, under the heading of "what to watch for" in Mercedes-Benz W211 review. "On 07/09/2006, I entered into a Hire Purchase agreement with Royal Bank of Scotland for a Mercedes-Benz E320CDI W211. The above named vehicle went in for its periodic servicing on 29th July 2008 at Mercedes-Benz Croydon. The diagnostics found that the transmission oil had been polluted with the radiator coolant. I found out later that this had resulted due to the transmission oil cooler of automatics being cited in the radiator matrix; a failure had lead to coolant entering the transmission and destroyed it. To repair this problem, the radiator, torque convertor and the gearbox would have to be changed. Due to legal and safety reasons and to prevent any further damage, the named vehicle ceased to be road worthy and could not be used, rendering us without any mode of transportation. After discussing the matter with Consumer Direct, I was told that under the “Supply of Goods (Implied Terms) Act 1973” it is was the Creditors responsibility to resolve this matter and was to ask your Client to rectify the situation which was to be done within 14 days." Under the act stated above it is the responsibility of the leasing company to rectify this problem as the above was an inherent manufacturing fault. The leasing company have since refused to take the onus of their own vehicle and not only refused to get it repaired but are dragging me through court for repossession. Now the onus is on me to prove to the court that the fault was in fact a manufacturing fault and was present at the time I entered into the contract. The leasing company's defence being that I have had the car for over a year before the problem arouse so they are not liable for any repairs. May I add the vehicle has been maintained by Mercedes-Benz dealership through out its life. Obviously Mercedes-Benz would not own up to this problem in light of "cost benefit analysis". I am currently unemployed with a 18 months old daughter, I have no option but to represent myself in the court of law as I cannot afford a solicitor. Having a mode of transport is imperative for my livelihood. I would be much obliged and extremely grateful if you were to point me in the direction where I could obtain concrete proof of the above mentioned manufacturing fault so that justice is served and prevailed. Looking forward for your reply. Once again thank you for considering my

Asked on 3 April 2010 by K.N., via e-mail

Answered by Honest John
I have sent you a PDF providing documentary proof of the Mercedes Valeo heat exchanger problem. According to another reader your remedy is to take the matter to: www.financial-ombudsman.org.uk You need to claim under section 75 of the Financial Services Act. But you need professional assistance that I cannot provide.
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