Mercs and Spender

I purchased a CL500 Mercedes ten days ago from ICS at Eccleston (near Preston). The car is an 05 plate with 55,000 miles recorded and I paid £16,000 for it. When I collected the car I was told that it had just been serviced and MoTd. I drove onto the M6 and from 60 mph upwards I was experiencing a vibration through the car and on braking a grinding noise, plus I had a ‘bulb not working’ sign showing. On checking after arriving home I ascertained that all the bulbs were in fact working. My father, who was with me, phoned the salesman at ICS and told him of the problems. His response was that it was not worth returning to the dealership as all the technicians had gone home and to proceed to Bristol and get it looked at there. On the following day I had both front and rear wheels balanced and was told that the car was fitted with "budget tyres". Balancing did not cure the problem. My father rang the salesman on Monday and told him that I was putting the car into the local Mercedes dealer for diagnosis of vibration, grinding noise and bulb fault and having the car checked over. His response was, "we will get it sorted". Mercedes informed me yesterday that the car had the following faults: Budget tyres and "pitted" front discs were thought to be the cause of the vibration. Rear discs 80% worn. Radio not functioning properly (further investigation required). ‘Bulb not working’ warning caused by a badly corroded rear light cluster. Oil leak from gearbox. A replaced suspension pump had been fitted but without a locating bracket. They could not tell if it was still leaking. When my father informed ICS that the car was going to a Mercedes dealer he also agreed that any invoices from Mercedes would go direct to ICS. After the report from Mercedes I phoned ICS find out what action they were going to take and the salesman questioned why Mercedes had checked the car over and not just advised on the vibration. I contacted my father (who had made the original agreement) and he rang the salesman to reiterate that it was very clear that Mercedes were going to check the car over. The response was that was not his understanding. He informed my father that Mercedes were faxing the report to ICS and that they would have a response mid-morning today. Can you please advise me of: My postion legally? The legal position on of ICS and what action they should be taking? My rights in returning the car and getting a refund and the position if my p/ex car has already been disposed off?

Asked on 28 November 2011 by DM, Bristol

Answered by Honest John
You cannot charge the supplying dealer for the check by the MB dealer. You can give the supplying dealer two options: Fix all the faults because the car is "not of satisfactory quality". Or take the car back and give you your money back. If they get sticky, then beware of protracted legal action through the county courts as that could cost you more than you paid for the car with no guarantee of a favourable result. Our legal adviser says negotiation is always better than going to court. More here: www.honestjohn.co.uk/faq/consumer-rights
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