Mercedes - Brand New Rusty Mercedes 2017

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Tue 5 Sep 2017 17:23
Mercedes - Brand New Rusty Mercedes 2017 - hargreaves

Hi

I need some advice on a brand new 2017 Mercedes i brought in May from one of the big named dealership groups that now has rust on every single panel and been damaged by the dealership. I informed the dealership of the original rust issues via email within 14 days of purchase. It's been back to dealer twice for repair but the rust keeps coming back. After the second attempt the dealership were no longer interested in fixing the rust problem nor the rubbers and plastics they damaged in the process. (The sale manager during all this did apologise saying the car should never of been sold to me in the condition it was with rust etc.)

The dealership told me if I wanted the car fixed or my money back to deal with Mercedes UK. I have been in contact with Mercedes UK Customer services and they couldn't help me so they forwarded me on to Mercedes Benz Finance and I've have been dealing with them for 6 weeks so far but haven't got any answers. I managed to get the car independently checked by a mercedes approved repair center with the help of another mercedes dealership not linked to the one I purchased it off. Mercedes finance now have had the report on the car for 2 weeks.

Now the dealership have given me their legal rights and mercedes finance have given me their rights. So I'm wondering what can I do as at present I cannot get hold of mercedes finance as they won't call me back. It took 2 weeks to get a small email.

I feel like I'm stuck with a rusting car and no way out as the car is not covered under warranty as it is a dealership issue. Is there anything you think I could do to get it resolved? Further action?

P.s the dealership originally told me the problem with the car is called fallout where iron filings have landed on the car between leaving the factory and arriving with them. The dealership tried to repair the car in house by just mopping it and not sending to a specialist as the car is not covered under warranty. The window surrounds are also marked with small burn marks from the iron filings and the dealership have damaged most for the external trim.

Edited by hargreaves on 05/09/2017 at 17:41

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Tue 5 Sep 2017 17:47
Mercedes - Brand New Rusty Mercedes 2017 - csgmart

Has the car been welded for any reason? Many cars sustain damage in transit and I once bought a car that had the rear valance panel replaced - unbeknown to me but I spotted it some time later when looking in the boot.

I wonder if your car has been repaired.

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Tue 5 Sep 2017 17:58
Mercedes - Brand New Rusty Mercedes 2017 - hargreaves

The car looks straight and mechanically spot on.

My original findings were 20-30 small rust spots all over the bonnet and bumper. Now them spots are coming back and it's coming out all over the rear of the car. I've had 4 paint specialists look at the car now 2 of them mercedes repair approved and they have all said it's some sort of fallout. Will probably need a full respray and all the window trims replaced.

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Tue 5 Sep 2017 18:06
Mercedes - Brand New Rusty Mercedes 2017 - csgmart

Under SOGA I think you can give the supplying dealer one chance to put the car right and then you can reject if they fail to fix the problem.

It's something the selling dealer has to deal with - they cannot duck their legal responsibilities so all this talk of involving MBFS is just stalling on their part.

Others are more qualified on this site to adivse you than I am but I would suggest you write to the selling dealer with a formal letter setting out the details of the problem and that you are giving them one opportunity (under SOGA) to fix the car. If they cannot or fail to do so you will be rejecting the car. Send the letter using a 'Signed for' service so you can prove receipt.

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Tue 5 Sep 2017 18:12
Mercedes - Brand New Rusty Mercedes 2017 - RT

Under SOGA I think you can give the supplying dealer one chance to put the car right and then you can reject if they fail to fix the problem.

It's something the selling dealer has to deal with - they cannot duck their legal responsibilities so all this talk of involving MBFS is just stalling on their part.

Others are more qualified on this site to adivse you than I am but I would suggest you write to the selling dealer with a formal letter setting out the details of the problem and that you are giving them one opportunity (under SOGA) to fix the car. If they cannot or fail to do so you will be rejecting the car. Send the letter using a 'Signed for' service so you can prove receipt.

SoGA has been replaced by CRA 2015 - it's the selling dealer, not the manufacturer, wjo has the legal liability.

They've already had one chance to fix the issue and if the rust is back, then the repair failed. I'd suggest a brief appointment with a solicitor to issue a letter formally rejecting it, requiring a full refund but subject to negotiated deduction for use already "enjoyed".

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Tue 5 Sep 2017 18:10
Mercedes - Brand New Rusty Mercedes 2017 - Andrew-T

Your description sounds to me as if your car has been close to some welding work, and the sparks from that may have landed on it, and burnt into the paint. If you bought the car brand-new in that condition I would have thought your case was open and shut - but maybe difficult to establish.

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Tue 5 Sep 2017 18:42
Mercedes - Brand New Rusty Mercedes 2017 - RobJP

Inform the dealership that your contract is with them, not with Mercedes. The dealership are responsible for supplying you with a car that is 'fit for purpose'. If M-B have supplied them with a dodgy car, that's a matter for them to take up with M-B, nothing to do with you.

I'd reject under CRA. They've had an opportunity to rectify, and failed to do so, and show no interest in having another go.

If they refuse your rejection, go to arbitration - they should be a member of motorcodes.co.uk

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Tue 5 Sep 2017 18:48
Mercedes - Brand New Rusty Mercedes 2017 - hargreaves

Thanks everyone for the replies. I'll ring my solicitor tomorrow and get a letter written up and go from there. I will let you know the outcome.

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Tue 5 Sep 2017 19:28
Mercedes - Brand New Rusty Mercedes 2017 - hillman

I once read in a newspaper that a man who had bought something from a very plush store (sorry, establishment) in Manchester found himself in a similar position to the poster. He solved it by walking up and down the pavement outside the establishment carrying a large sandwichboard bearing the tale. It was quickly sorted. The big companies with an image to uphold hate that kind of advertisement.

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Tue 5 Sep 2017 23:11
Mercedes - Brand New Rusty Mercedes 2017 - Manatee

The dealer certainly is responsible but if the car is the subject of a regulated credit agreement then MBFS will be jointly and severally liable. They will of course ask you to get it sorted by the dealer but there is nothing in law to prevent you going for them alone, especially if the dealer is no longer being helpful.

If you issue proceeedings against MBFS then no doubt they will join the dealer (by whom MBFS will be indemnified anyway) in the action but they cannot evade responsibility.

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