Mercedes A Class - What should I do?

Honest John Back Room » Legal matters
What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
View Threaded
Sat 9 Jan 2021 19:45
Mercedes A Class - What should I do? - Dogbolter60
Feel very stupid but think I’ve bought a wrong’un!
Even though the advert didn’t mention service history, I purchased a 4 year old very low mileage Mercedes car (formerly a fleet lease car) from a dealer at end of November who claimed that the service records were online but had to wait til I got V5 to prove ownership before requesting details from manufacturer...... but surprise surprise they claim there is nothing on their database.
Assumed therefore that vehicle serviced independently so asked dealer to investigate and find service details but now being given the runaround!
Spoke with a Mercedes dealership who cannot give previous owner details due to Data Protection Act but they alarmingly informed me that there are 2 safety recalls outstanding which is worrying!
Gone past the 30 days so asking you legal eagles .....what should or can I do please!?
Thanks in advance
Reply | Report as offensive | Link
Sat 9 Jan 2021 21:55
Mercedes A Class - What should I do? - MGspannerman

I am not quite sure what the issue is here and why this might be a legal problem? The service history was not mentioned in the advert. The dealer said that the records could be accessed once the V5 was changed, it then turns out there was no service record. You then claim the dealer is giving you the runaround.

The dealer made no claim as to service history, the dealer also told you that the records could only be accessed following the V5 change. You went ahead and purchased the car without any caveat or commitment from the dealer as to service history. Presumably the dealer was as little informed about the service history as you and when it was discovered that was as much news to him as you? You seem to have assumed there was a main dealer service history, and then admit above your further assumption with regard to independent servicing. Why did you assume and not verify to your satisfaction before committing to the deal?

Having bought the car on that basis you now imply that the dealer is in some way acting improperly by not seeking out any service history that may exist. Why should he do so now? He did not misrepresent the vehicle or mislead you, you did not make the deal contingent on the supply of service information. You bought the car on the basis of what you saw without conditions, the deal is done and his responsibility to you is discharged.

He may as a matter of goodwill seek to assist your further enquiries, but I don’t see he is under any obligation to do so. You say you think you may have bought a wrong ‘un. Why? Is it not in good order and in some way faulty? If it is low mileage and four years old it may have been on an extended service regime and only have needed one service anyway. Perhaps the answer is to get it serviced now and enjoy driving it.

Perhaps I have got the wrong end of the stick, but I can’t see that the dealer has acted improperly here. If service history was an important factor in your buying decision then perhaps a little more rigour on your part in checking this detail before you bought the car was desirable. If the car is otherwise OK then maybe accept the reality and move on.

Reply | Report as offensive | Link
Sun 10 Jan 2021 10:13
Mercedes A Class - What should I do? - Dogbolter60
Thanks for your reply and I realise that ultimately the buck stops with me as I bought the car knowing there were issues regarding mileage and service history but you fail to mention the missed SAFETY recall issues, the first of which was 9 months after registration and the second one 18 months!? I imagine fleet companies service in house to keep costs down but why would they ignore recalls and continue letting the leaseholder drive it?! I hear you saying “but that’s not the dealers fault” but them obviously buying it at a snip, why wouldn’t they address these safety issues before marketing the vehicle under a cloud!? You are basically saying that the dealers liability has ended but they have effectively sold me an unsafe vehicle so isn’t this a legal issue!?
Would you be happy after buying a vehicle that it’s unsafe?
I’m asking my legal position please but if you can’t answer perhaps someone else can!
Ps- also just noticing coolant levels dropping which may or may not be indicative of underlying problem
Reply | Report as offensive | Link
Sun 10 Jan 2021 10:56
Mercedes A Class - What should I do? - elekie&a/c doctor
My understanding is that important safety recalls are issued by the Dvsa . Not so important issues would be addressed when the car went into dealer for service . As this car is very low mileage , I suspect it’s never seen the doors of a main dealer , that’s why there is no service record .
Reply | Report as offensive | Link
Sun 10 Jan 2021 11:02
Mercedes A Class - What should I do? - skidpan
My understanding is that important safety recalls are issued by the Dvsa . Not so important issues would be addressed when the car went into dealer for service . As this car is very low mileage , I suspect it’s never seen the doors of a main dealer , that’s why there is no service record .

Correct.

Only main dealers can address minor non-safety related updates and these are carried out when the car is taken for a service. if its not serviced or serviced at an indy they will never get picked up.

With regards to important safety related recalls lease cars can complicate matter. The registered keeper will get the paperwork which then should be passed onto the user/leaser but sometimes there can be other parties in-between. Add to that the simple fact that the user is probably not in the slightest bit bothered about the car and if they do get any notification they will simply ignore it.

Bit late now but if you go onto the DVLA MOT History checker there is a link to check for any outstanding safety related recalls. Worth doing that in future.

Edited by skidpan on 10/01/2021 at 11:13

Reply | Report as offensive | Link
Sun 10 Jan 2021 13:03
Mercedes A Class - What should I do? - Brit_in_Germany

It is illegal for a dealer to sell a car with an oustanding safety recall.

assets.publishing.service.gov.uk/government/upload...f

Reply | Report as offensive | Link
Sun 10 Jan 2021 13:09
Mercedes A Class - What should I do? - skidpan

It is illegal for a dealer to sell a car with an oustanding safety recall.

assets.publishing.service.gov.uk/government/upload...f

Based on that I would suggest that the OP gets some specialist legal advice. The lack of service history is now a minor issue. The safety issue could be a criminal matter.

Reply | Report as offensive | Link
Sun 10 Jan 2021 14:28
Mercedes A Class - What should I do? - Palcouk

If the seller has no access to MB on-line service records and as a result has no info on any safety recall. Then he is not responsible provided he has used due diligence when he purchased the vehicle

Reply | Report as offensive | Link
Sun 10 Jan 2021 21:07
Mercedes A Class - What should I do? - Lee Power

Some safety recalls get missed as the multiple recall letters get ignored plus the car is maintained outside the manufacturers franchised dealer network.

Reply | Report as offensive | Link
Sun 10 Jan 2021 22:46
Mercedes A Class - What should I do? - bathtub tom

I ignored a safety recall on my old Nissan for airbag replacement. Apparently they were liable to throw out bits of plastic, however they were being replaced with items that could have the same problem.

1. It only affected the passenger front airbag and as I usually drove the car, it probably wouldn't happen to me.

2. The car was rattle and squeak free. What chance of that after some person had removed and replaced the dashboard?

Reply | Report as offensive | Link
Mon 11 Jan 2021 12:07
Mercedes A Class - What should I do? - MGspannerman

I hear you saying" .... "You are basically saying"...

Yes, you are quite right I did not address the topic of safety recalls. Seems I didn't need to address anything else as you said what you assumed I might say for me :-) .

The airbag recall was a huge, worldwide issue and it took several years for my own car to be fixed, obviously these things are important but often it is not critical that they are done immediately. I am sure you could check with a local main dealer and have it booked in for attention.

Bear in mind that this is a motoring forum and despite the heading of it being a legal forum many of us are not legal experts. This section of the forum did at one time have a lawyer who dealt with such issues, but that was a while back and much has changed since then.

With regard to the coolant level, obviously there is a matter of degree here. There may be a minor leak in the system somewhere. Check also the heater matrix as these can be problematic. The worst case scenario with a diagnosis like this is a head gasket problem but it could be something as simple as an airlock that causes coolant to be expelled.

Reply | Report as offensive | Link
Tue 12 Jan 2021 22:57
Mercedes A Class - What should I do? - SLO76

Becoming a common issue this with many manufacturers mistakenly doing away with service books and with most being taken on longterm hire too many people aren’t bothering to maintain their cars at all as they’ll never own them and you can no longer have a quick look in the glovebox to determine if it has been mechanically neglected or not. Moral of the story is never buy a car without proof of regular servicing.

That said, I have personally called local main dealers to pull service records on cars for myself and others and almost all were very obliging. There’s no data protection issue to simply give a reg no and receive a reply stating that the service record is up to date. In this case the OP should’ve pushed the dealer to supply proof or called the local main dealer themselves.

There’s no case to answer if the dealer has never said the car came with a full history and even if they did verbally you’d need proof. If however it’s an approved used car from a main dealer I’d approach Merc customer services to intervene. Otherwise it’s a lesson learned.

Edited by SLO76 on 12/01/2021 at 22:57

Reply | Report as offensive | Link
Wed 13 Jan 2021 12:31
Mercedes A Class - What should I do? - SLO76
Further to this, I often have had reason to call to verify service records on vehicles that came with a fully stamped service record. Two good examples I can think of were an E46 BMW M3 and a Porsche Boxster 2.7 both of which had fully stamped up main dealer and then later supposed specialist history. A quick google of the name in the book revealed in the case of the Porsche that no such dealer existed and with the BMW a quick call revealed that they’d no record of ever having seen the car. Both were being sold by fly guy home traders.

The Boxster seller tried to pretend he was a private seller and the BMW was at least honest about it. Both cars were left the n their respective drives by my buyer who’d insisted on viewing both despite my reservations. It was a fine lesson but sadly said buyer later went on to buy a tatty E46 M3 with the horrid single clutch SMG gearbox which then duly failed along with the engine not long after. It currently resides in bits in his barn, with my words telling him to spend more upfront on a good manual example with full and appropriate history ringing in his ears.

Edited by SLO76 on 13/01/2021 at 12:33

Reply | Report as offensive | Link
Wed 13 Jan 2021 15:41
Mercedes A Class - What should I do? - skidpan

Becoming a common issue this with many manufacturers mistakenly doing away with service books and with most being taken on longterm hire too many people aren’t bothering to maintain their cars at all as they’ll never own them and you can no longer have a quick look in the glovebox to determine if it has been mechanically neglected or not. Moral of the story is never buy a car without proof of regular servicing.

I have recently been annoyed with the lack of service books, when we bought the Fabia and Superb we actually paid £10 per car to obtain one. But at every service the dealer provides a print off that not only confirms the service has been completed, it also lists the previous services as well. The print off for the Superb showed the PDi in Feb 2017, 1st service in Feb 2018, 2nd service in Feb 2019 and the 3rd service in Feb 2020. When I PX'd the car back in October I included the service book with the car info but the dealer did not want it, simply said it proved nothing, anyone can stamp a book that is available on the interweb.

Will not be spending £10 on the new Superb when the annual service includes the print off.

Reply | Report as offensive | Link
Wed 13 Jan 2021 23:54
Mercedes A Class - What should I do? - SLO76
“ When I PX'd the car back in October I included the service book with the car info but the dealer did not want it, simply said it proved nothing, anyone can stamp a book that is available on the interweb.

Will not be spending £10 on the new Superb when the annual service includes the print off.”

I disagree with the dealer. A stamped up service book can be used to corroborate mileage and the cars condition. If there are any doubts it’s easy enough to verify it with a phone call, something I’d do with any valuable prestige or performance metal. Dealers are increasingly ignoring the lack of service history and many a complex and costly disaster has befallen people who buy these cars later on. The commonplace issues of timing chain and turbocharger failures on many European cars are in part down to neglect. I certainly won’t buy anything without proof of regular maintenance.

I was horrified by my recent search for the gaffers new wheels. The bulk of so-called approved used stock I waded through (particularly Honda) had little or no service history, had suffered poor quality paint repairs and were generally neglected. People won’t spend money or time on a car they’ll never own. A quick walk through any car park on a rainy day tells all with almost every car sat there with flat rain water rather than the once caringly applied polish that used to bubble up nicely. My cars are rare survivors in public car parks today.

Edited by SLO76 on 14/01/2021 at 00:04

Reply | Report as offensive | Link
Thu 14 Jan 2021 09:43
Mercedes A Class - What should I do? - Dogbolter60
Latest update
Think I’m wasting my time as I’m still trying to chase up the service history but finding it impossible to get anywhere with the registered owner ...ie MB Financial Services UK Ltd!
I would’ve thought that any fleet car under a contract would have to be properly maintained by an authorised MB outlet..... but apparently not!!
I also thought that registered owners would be responsible by ensuring that safety recalls are attended to, especially if the vehicle is leased out to people driving around unaware..... but apparently not!
I also thought that the idea of buying a lease vehicle was a good idea since it would be properly maintained and have a service history...... but apparently not!
Lesson unfortunately learned!
Looks like I’ll have to go back to the dealer and see how I get on there!
The fact that I’ve purchased a vehicle with outstanding safety recalls possibly makes it an illegal sale so I may fortunately have some recourse!
Reply | Report as offensive | Link
Thu 14 Jan 2021 09:58
Mercedes A Class - What should I do? - RT
Latest update Think I’m wasting my time as I’m still trying to chase up the service history but finding it impossible to get anywhere with the registered owner ...ie MB Financial Services UK Ltd! I would’ve thought that any fleet car under a contract would have to be properly maintained by an authorised MB outlet..... but apparently not!! I also thought that registered owners would be responsible by ensuring that safety recalls are attended to, especially if the vehicle is leased out to people driving around unaware..... but apparently not! I also thought that the idea of buying a lease vehicle was a good idea since it would be properly maintained and have a service history...... but apparently not! Lesson unfortunately learned! Looks like I’ll have to go back to the dealer and see how I get on there! The fact that I’ve purchased a vehicle with outstanding safety recalls possibly makes it an illegal sale so I may fortunately have some recourse!

Just get the safety recalls done.

Reply | Report as offensive | Link
Thu 14 Jan 2021 17:21
Mercedes A Class - What should I do? - up north

I would ask the seller to get the safety recalls done and because you were led to believe the service history would be online, that they complete a full service as a compromise, as they never implied that it might be missing! If they had you wouldn't have bought it.

Rather than be anxious about it you can hope that some services were maintained. You have 3 months if anything develops, so get the above done asap and drive it!

Reply | Report as offensive | Link
Thu 14 Jan 2021 21:53
Mercedes A Class - What should I do? - SLO76
“ I would’ve thought that any fleet car under a contract would have to be properly maintained by an authorised MB outlet..... but apparently not!!”

On paper, they should be properly maintained but in reality people opt to neglect cars as they’ll never own them. They take one on and then never service it. I know loads of people who do this and I’m horrified that dealers let them away with it.

One recent case, involving a good friend with a Ford C-Max they’d taken on PCP and utterly abused. The car had only been serviced once (at Kwikfit) in 4yrs and it’s careless owner had damaged it numerous times with his God awful driving which he then had repaired to a terrible standard by some dodgy backstreet body shop for peanuts before handing it back. The rear bumper was held on with a self tapper and the paint looked like a rattle can special. The dealer hit them for £1300 for the condition of it but offered to wave this if they took another car. He claimed poverty and they reduced this to £300. The car was in a terrible state but would go on to be sold to someone. Be wary of ex lease cars, more today than ever before.

In the past, company owned cars were good used options. Most were well maintained and usually they’d appear as approved used stock with a good warranty. Today company cars have largely been replaced by car allowances where people buy or lease their own car instead and too many neglect them without a fleet manager organising servicing and threatening them with a Austin Maestro Clubman if they didn’t look after their Cavalier.
Reply | Report as offensive | Link
Fri 15 Jan 2021 11:27
Mercedes A Class - What should I do? - galileo

Until about 1983 the firm I worked for had an on-site garage which maintained the small fleet of company cars.

Because we supplied parts to BMC / British Leyland, most cars were from their ranges. .Austin 1100, then Marina/ Ital/ Princess/ Montego/ Maestro for Sales Engineers and others who needed to visit customers and suppliers. Directors had Triumph 2.5 PI or Rover 3.5 V8.

When company cars were 3 years old, they were advertised internally and employees could bid for them. Being on good terms with the garage foeman he would tell me which cars had been driven with mechanical sympathy by their allocated owners and which had been thrashed or abused and( should be avoided, despite his best efforts.

(I got in his good books by putting on safety glasses and driving a car back from Birmingham after clearing the bits of a shattered windscreen, saving him a recovery trip. )

Reply | Report as offensive | Link