Purchased a used car last month from an independent garage. Took it to main dealer and they found:
- NSF Tyre sidewall damage
- NSF Alloy wheel slight buckle
- Front wipers smearing
- Tirefit and first aid kit expired
- Steering wheel off center
- Rear center right parking sensor fault
- very small marks at rear or car (which I was advised at the time of sale)
The sidewall damage is enough to cause mot failure. I raised this issue last week and they have been disputing everything. An invoice from main dealer, so I had to get an email from Mercedes confirming this. Then I had to send a picture of the tyre damage and they said they need the car in for investigating. I then escalated this to a manager who said they will replace the tyre. They can’t do anything as the guy dealing with my case is not in until Tuesday.
This has caused a lot of stress and inconvenience. Can I replace it before then and claim the money back? I think if I do this then I may have to claim back through small claims court if they don’t agree. Also they are premium continental tyres (and all 4 were at the time of sale), so should I insist on a similar replacement? They may try to replace with a budget tyre.
I also paid a part of the deposit on credit card but I think it’s not fair to claim money off them when it’s the garages fault.
They said they will book me into an inspection to have the parking sensor investigated (will pre order the part), have the alignment checked and adjusted, and replace the sensor.
On the phone mentioned they would investigate the buckle. I think it just needs to be put on a straightening machine and it’s only very slight. The main dealer technician could not find any vibrations at motorway speeds.
Also the garage mentioned the wipers may just need cleaning but they will investigate this.
The salesman also advised a service was carried out on the car before handover. The service was not due but I can’t see this was carried out either on the car computer or an invoice. Should I query this and ask for documents? And if not done request a service?
Should I also request a replacement first aid kit? And compensation for the inconveniences caused? They have dealt with this in an unreasonable way and left me without using the car for a week currently. If they replaced the tyre within a few days I would have been happy but they have done everything they can not to.
I will also raise a formal complaint for this after the repairs are carried out.
Thanks
- NSF Tyre sidewall damage
- NSF Alloy wheel slight buckle
- Front wipers smearing
- Tirefit and first aid kit expired
- Steering wheel off center
- Rear center right parking sensor fault
- very small marks at rear or car (which I was advised at the time of sale)
The sidewall damage is enough to cause mot failure. I raised this issue last week and they have been disputing everything. An invoice from main dealer, so I had to get an email from Mercedes confirming this. Then I had to send a picture of the tyre damage and they said they need the car in for investigating. I then escalated this to a manager who said they will replace the tyre. They can’t do anything as the guy dealing with my case is not in until Tuesday.
This has caused a lot of stress and inconvenience. Can I replace it before then and claim the money back? I think if I do this then I may have to claim back through small claims court if they don’t agree. Also they are premium continental tyres (and all 4 were at the time of sale), so should I insist on a similar replacement? They may try to replace with a budget tyre.
I also paid a part of the deposit on credit card but I think it’s not fair to claim money off them when it’s the garages fault.
They said they will book me into an inspection to have the parking sensor investigated (will pre order the part), have the alignment checked and adjusted, and replace the sensor.
On the phone mentioned they would investigate the buckle. I think it just needs to be put on a straightening machine and it’s only very slight. The main dealer technician could not find any vibrations at motorway speeds.
Also the garage mentioned the wipers may just need cleaning but they will investigate this.
The salesman also advised a service was carried out on the car before handover. The service was not due but I can’t see this was carried out either on the car computer or an invoice. Should I query this and ask for documents? And if not done request a service?
Should I also request a replacement first aid kit? And compensation for the inconveniences caused? They have dealt with this in an unreasonable way and left me without using the car for a week currently. If they replaced the tyre within a few days I would have been happy but they have done everything they can not to.
I will also raise a formal complaint for this after the repairs are carried out.
Thanks
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23 Comments
sorted byI'd avoid legal action for now as they are making some effort to resolve things.
Ive bought used cars with worse problems.
However, I would mostly dispute the buckled wheel, steering fault and sensor fault everything else seems easily fixable. Wipers and tyre are easy to replace. I do believe you need a bit of spending money when buying a used car. (edited)
They said the car had been serviced,, I picked it up and took it 2mins away to my mates garage, put it up on the ramp and the oil filter had surface rust on it phone them and they said to go to EuroCarParts and they'd pay for the parts, so I ordered everything at their expense
Voting with your feet is the only language these shysters understand.
The sidewall damage was your legal responsibility to check prior to ever driving the car. I appreciate that in reality we often don't, but you are literally supposed to check your tyres every time you drive. Not having checked them prior to purchase means it's going to be very hard to get the garage to accept liability, as it could easily have happened at any time since purchase.
A slight buckle in the alloy wheel, will again be reasonably hard to prove wasn't reasonable wear and tear done while you were driving. It's also not an MOT fail.
It would be good if you mentioned what value this car was. If it was a 2 year old £50k car vs a £500 banger what is reasonable differs.
Lastly you talk about claiming from your credit card, and it not being their fault. Credit cards are not a charity, if you claim from them (and are successful) they will give you absolutely none of their money. They will claim all the money paid to you back from the garage, and charge them a fee for doing so. (edited)
According to which, under the consumer rights act if the fault is within the first 6 months it’s assumed that the car was like that at the time of sale. It’s the traders responsibility to prove otherwise.
With the existing sidewall damage and repair on the tyre, it indicates pre existing faults for the buckle and the alignment.
I have not claimed anymore faults after from that which was diagnosed from main dealer less than 2 weeks and under 500 miles from purchase. I understand anything further issues now will be my responsibility despite this.
It’s a 5 year old Mercedes but the point is it was sold with no issues and should have been roadworthy.
I will not involve my credit company as after disputing with the trader, they will resolve the main issues.
I'm not doubting that the garage sold the car with issues but one could argue that you may have caused at least 3 of those problem during that period. (NSF Tyre sidewall damage/NSF Alloy wheel slight buckle/Steering wheel off center)
Don't repair yourself as they would not be liable, you have to give them the opportunity to repair.
I think they'll sort all the issues out, but you'll need to accept it will take a few days of inconvenience
Like you say, you like the car so it's not worth giving back as you never know what your replacement purchase will be like
As for the poor service with the tyre, I guess they've lost a potential repeat customer so it's there loss overall.
And finally, don't stress - these are all first world problems and with a little bit of time I'm sure they'll be sorted. All the best (edited)
I will probably leave a bad review on the basis of how much they have delayed tyre replacement. I’ve seen another review where there was a little chunk chipped of the tyre but they did not replace as it didn’t lead to mot failure. They bought the car online so couldn’t really inspect
Or , you feel ripped off - in which case ask for a refund and walk away (as is your right....even after the repairs)
It's easy to over react when upset, don't forget these are people too (sometimes )
Don't go rushing out to get 'fixes' done elsewhere as you'll be liable for their cost unless the seller gives the go-ahead, offers goodwill, or you start legal proceedings. You should be giving the seller an opportunity to put matters right. A little inconvenience is inevitable.
Remember, you always have the option of rejecting the car.