Mercedes-Benz A-Class Saloon - Consumer Rights Act 2015 - Finance Co. says NO - _G_

I entered into a Personal Contract Purchase (PCP) agreement with MBFS, and I have encountered several issues with the vehicle in my under six months ownership. While some of these issues have been addressed, there are still outstanding concerns. Notably, the car was delivered with scratches down to the metal and primer in multiple locations, and the dealer had agreed to rectify this. However, MBFS has stated that since a resolution was accepted for these defects, the Consumer Rights Act 2015 no longer applies in my case to other defects. Additionally, the vehicle was not equipped with an essential software patch prior to the sale; this update was released in April 2024, yet the vehicle was delivered to me in November 2024. I subsequently experienced a loss of steering, and the software patch was only applied after the vehicle was brought to the dealer for service.

Are MBFS potentially misinterpreting the law?

Mercedes-Benz A-Class Saloon - Consumer Rights Act 2015 - Finance Co. says NO - Brit_in_Germany

Simply put, no.

Mercedes-Benz A-Class Saloon - Consumer Rights Act 2015 - Finance Co. says NO - leaseman

Under the CRA, any defect which becomes apparent within the first 6 months is deemed to be existent upon purchase.

The discovery of other problems, following the sellers acceptance of previously displayed issues, come under the same act.

Mercedes-Benz A-Class Saloon - Consumer Rights Act 2015 - Finance Co. says NO - daveyjp

And both issues appear to have been sorted so I'm not sure what more resolution the finance company would be liable for.

Mercedes-Benz A-Class Saloon - Consumer Rights Act 2015 - Finance Co. says NO - _G_

I fail to comprehend how the law is no longer applicable as some issues were resolved within 30-days. There are multiple issues outstanding. This morning the car has not started and the breakdown service are on their way.

Mercedes-Benz A-Class Saloon - Consumer Rights Act 2015 - Finance Co. says NO - leaseman

I reiterate:

"Under the CRA, any defect which becomes apparent within the first 6 months is deemed to be existent upon purchase.

The discovery of other problems, following the sellers acceptance of previously displayed issues, come under the same act."

i.e. The Act is still applicable.

Mercedes-Benz A-Class Saloon - Consumer Rights Act 2015 - Finance Co. says NO - RT

I reiterate:

"Under the CRA, any defect which becomes apparent within the first 6 months is deemed to be existent upon purchase.

The discovery of other problems, following the sellers acceptance of previously displayed issues, come under the same act."

i.e. The Act is still applicable.

Slight correction needed - for any defect becoming apparent within the first 6 months, it is assumed to have been present at point of purchase unless the seller can prove otherwise - after 6 months it's incumbent on the buyer to show the fault was present at point of purchase.

But I agree, the act still applies

Edited by RT on 22/02/2025 at 12:16

Mercedes-Benz A-Class Saloon - Consumer Rights Act 2015 - Finance Co. says NO - Adampr

I fail to comprehend how the law is no longer applicable as some issues were resolved within 30-days. There are multiple issues outstanding. This morning the car has not started and the breakdown service are on their way.

The act still applies in relation to new issues found within the first six months, but not to those that have already been rectified.

Talk to the dealer, not the finance company, in the first instance

Mercedes-Benz A-Class Saloon - Consumer Rights Act 2015 - Finance Co. says NO - leaseman

When "buying" a car on H.P., Conditional Sale or the vast majority of P.C.P products, your primary contract is with the financing company. They have purchased the car from the supplying dealer. Your contract of purchase is not with the supplying dealer, so, in the instance under scrutiny here, continue dealing with the Finance Company and press your case with them and them only.

Mercedes-Benz A-Class Saloon - Consumer Rights Act 2015 - Finance Co. says NO - Adampr

When "buying" a car on H.P., Conditional Sale or the vast majority of P.C.P products, your primary contract is with the financing company. They have purchased the car from the supplying dealer. Your contract of purchase is not with the supplying dealer, so, in the instance under scrutiny here, continue dealing with the Finance Company and press your case with them and them only.

I disagree. May well be legally correct but you have absolutely no leverage against a finance company. They have no reputation to uphold and no interest in customer service. A dealer has some skin in the game and is more likely to look to resolve it.

Mercedes-Benz A-Class Saloon - Consumer Rights Act 2015 - Finance Co. says NO - leaseman

Mercedes Benz Financial Services probably fund the dealer involved and have massive sway over the dealer network that they support. They have the ability to bring more pressure to bear on the dealership than any individual customer.

Customers must pursue the true legal chain of supply and robustly exert their rights under the CRA against MBFS, and, anyway, MBFS are much less likely to go bust.