Mercedes Clk 2004 - Rejection Letter

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
Thu 3 Jul 2014 19:09
Mercedes Clk 2004 - Rejection Letter - Unhappy With Dealers

I have had issues with the car and dealer since purchase in April 2014 and the dealer I bought it of has done nothing to repair or comunicte with me to get to a resoultion.

I have now written to them a rejection letter, so far they have not responded,they have until next Friday to do so. But I really am not expecting them to do so.

If by then I still get no response is my only option left to me is to take them to court.

Thanks for advice in advance.

Reply | Report as offensive | Link
Thu 3 Jul 2014 22:31
Mercedes Clk 2004 - Rejection Letter - RobJP

Thing is, you say that you have 'had issues' with the car, but don't go into any detail at all as to what those issues are.

So nobody here is in a position to say whether (or not) your issues are reasonable - especially bearing in mind that the car is 10 years old, and probably cost 10-15% of the new price. So nobody can really say whether your next step should be the courts, or an attempt to negotiate, or even (if the selling dealer is a member) an arbitration service like motorcodes.

Reply | Report as offensive | Link
Fri 4 Jul 2014 11:06
Mercedes Clk 2004 - Rejection Letter - Unhappy With Dealers

Below are the list of faults, I never expected the car would 100% perfect but did not expect this amount of faults.

The dealer took three weeks to deliver the car to me, they claimed that they were doing repairs to the suspension, oil pressure switch and replacing tyres. I paid in fulll for the car on the day of purchase. I paid full retail for the car at £4300 so it was not a cheap car. When they changed two of the rear tryes they also failed to refit all the wheel bolts and give me the locking wheel nut. they also put part worns on thast now need replacing. My understanding of fitting new tryres which was agreed at time of purchase really means new.

None of the cliamed work they did haas been done, as I have had it inspected. They also block my calls and wont answer e mails. When I do get hold of them they they are just rude and say its not down to them to sort out. but if i want to take it back to them if they dicide that the car is ok they will charge me for their time. I have this in writing from them. They are also very abusive.

• Knocking sounds from the suspension.
• Exhaust Blowing (Rusted Silencer).
• Defective Break Lights.
• Defective front Headlight.
• Head Lamp washer completely inoperative.
• Missing wheel Nuts.
• Locking wheel nut not supplied.
• Broken Drivers Seat.
• Faulty Maf Sensor (Car would frequently go in to limp Mode).
• Millage increased by 500 miles from the advertised miles at time of collection.
• Climate Control not working (car was advertised with this function).
• Alloy Wheels fitted to the car as per your decryption were of the AMG brand and this was reflected in the purchase price, they are not. You also claimed they were a “Fresh Set” (New). This is not the case as under inspection they appear to have been repainted at some point.
• Work you claimed to have carried out to the car before collection was not done. Font suspension wishbone change (independently inspected and no replacement parts and existing are worn to the extent of mot failure). Rear Anti roll bar bushes, Not changed.

Hope this helps explain my reasons for the rejection.

Reply | Report as offensive | Link
Fri 4 Jul 2014 18:16
Mercedes Clk 2004 - Rejection Letter - galileo

Most of these faults would appear to be visible/detectable by the buyer on the forecourt or on a test drive.

On his admission he paid 'full retail' for this car, yet it doesn't seem to have been in good enough condition to justify 'full retail' price, sounds more like a restoration project.

Was there some special reason for buying this instead of walking away and finding a better one?

Reply | Report as offensive | Link
Sat 5 Jul 2014 23:37
Mercedes Clk 2004 - Rejection Letter - Unhappy With Dealers

I can understand your reason for saying i should have walked awway., but the faults were not obvious, at time of inspection, but buying of a dealer should give some level of comfort. Or why bother. Not all of use are experts.

For example the exhaust whilst rusted through, it still sounds ok and the rust is at the back of the back box where the pipe joins the mufler. the headlight bulbs are held in with back tape behind the casings.

I just want to know if my only option will now be court. so if any one can advise on this it would be helpful

Reply | Report as offensive | Link
Sun 6 Jul 2014 00:30
Mercedes Clk 2004 - Rejection Letter - RobJP

You say that they won't return your emails, and don't return your calls.

In which case, I think that your best bet right now is to send them a letter.

Detail in it the faults, that you are not willing to accept the faults, and that you expect them to rectify the faults or to refund the car (bearing in mind that there will be a deduction for usage). State that you expect a reply within 14 days, with their decision. State that as you have found it difficult to get people to reply to emails and telephone calls, that you will only accept communication by post. Also state that if they do not reply, then you will either:

1. be going to another garage to get the work carried out, and that you will then sue them through the small claims court for the costs (though do bear in mind that YOU will have to pay a garage to do this work, and then sue for re-imbursement. You can't expect another garage to hang around waiting for cash while you take a case to court),

2. sue them through the small claims courts for a refund

Now send it to them - by registered post.

If you do not receive a reply, then it's time to decide whather you want to (or can afford to) spend money on getting the car fixed, and then suing them, or whether you just go to the courts to force a refund/rejection. I'd be tempted to go for the refund/rejection, just to get it all shut of.

My guess : as soon as the court summons hits their mat, they'll settle before the court date. Bullies are generally cowards

Reply | Report as offensive | Link
Sun 6 Jul 2014 11:36
Mercedes Clk 2004 - Rejection Letter - Andrew-T

You seem to have been unlucky with this purchase, where the brand and the price asked may have raised your expectations to an unrealistc level. And the trader seems to be unreasonably unco-operative. On the other hand most 10-year-old cars would be entering banger territory and are likely to contain wear-and-tear faults.

You have presented your list of faults, but I feel it trivialises your case to mention a totally insignificant discrepancy in mileage. If you decide to 'take it to court' to make your point(s), first consider whether that may cost more than just getting the faults remedied?

Reply | Report as offensive | Link