Melmerby Trade Cars - Bought a 2013 Mercedes - won't honour my 30 day right to return. **RESOLVED**

[mrk1]

Hope this is in right section. 
 

I went to a trader / business / dealer for this very reason. Peace of mind and security. 
 

Car was in showroom condition obviously.

 

Drives away after paid and insured and engine management light come on 1 minute into drive.

I drive back. Tells me a boost pipe ‘loose’. Ok so he tightened it up and I drive away.

 

2 mins in the engine management light comes on. I drive back. And he says no fault codes coming up on his computer.

 

I said I’ll take it Mercedes’ and he can pay. He was happy with that. Mercedes’ say they can’t find out what it is, but they see it looks like someone has tampered with the DPF box. We can’t assume, but it could mean someone has taken the DPF out.  But we can’t assume. 

 

Engine management light has been on for 2 weeks and still not fixed or resolved. He’s telling me I need to pay for a tuning guy to delete the code as “it’s probably nothing”

 

Im not too happy with this. Part of me feeling I Should just take it back. 
To add fire to the mix today (2 weeks in to ownership) the rear driver side wheel bearing is grinding. And it was starting to smell like burning. 
 

It’s under warranty and the warranty company said they will honour it. But do I get it delivered back to this trader or get it fixed. 
 

The big issue is this.

I’ve spent 1 day collecting the car (50 miles from home).

2 days waiting at Mercedes garage while they get it in and on their computer.

Half a day now waiting in car for him to ‘decide what he is doing’.

Not to mention cost to switch insurance over.

Fuel.

Temp insurance quote getting it back home on first day.  

I’ve lost more in time than anything else. 
 

I know I have 30 days but can I bill him for the above.

Im literally sat in my car now on the side of road waiting and twiddling things.

It’s not on.  

[Homer67]

If it smells like a lemon then it probably is, you have the right to reject the vehicle (I believe) as the faults have not been fixed by the dealer and you're within the timeframe.

Did you pay cash or credit?

[mrk1]

Well bank transfer yes.  
 

just had 30 min call with this trader / business trying to inform him even despite the software malfunction and now a mechanical malfunction I would still well be within my rights to bring car back for a full refund. He’s trying to create in roads in the conversations we have had to middle up the facts and subversively try to convince me to keep the car.  
 

I’m done with it now. Engine management light won’t go off even after Mercedes have looked at it and now rear wheel bearing broken / grinding and possible a car which has had the DPF removed. 
 

Still in the car now. Going to get it to a garage now with warranty through AA and get the wheel fixed. Or Should I refuse. As if it’s fixed will that void a return?? 

 

 

 

[mrk1]

Just had a call from company I bought car from. 
 

 New person. Said he ‘deals with the legal side of the business’. 
 

Said he has had to call the police on me and open a case due to abusive language and something about small Claims. As if. 
 

I told him is he just trying to wiggle out of the fact I can legally take this car back within 30

days. And phone went dead. 
 

really? What is going on here?! 
 

What Shouod I do now?! 

 

 

[BankFodder]

Write to him immediately and put on notice that you are rejecting the car for its defects and that you are asserting your right under the consumer rights act to do so.

Tell him in view of his prevarication so far that if he does not make arrangements to take the vehicle and to reimburse you and any associated expenses within 14 days then you will sue them in the County Court and without any further notice.

Only do this if you are serious about it. Don't bluff.

Be very careful about getting your money back rather than just letting him have the car and then a promise to give you your money back.

You haven't told us the name of the dealer. Is there a reason for this?

Also read up on this forum about what happens if you buy a used car and particularly if you paid by bank transfer or you pay by cash. How you have thrown away substantial rights and protection

[mrk1]

Not by cash or Transfer? By what then? My credit card would not have covered the car. 
 

the company is: 

 

Melmerby Trade Cars - 01765 803000 - Trade and Retail Cars North Yorkshire

WWW.MELMERBYTRADECARS.CO.UK

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Melmerby Trade Cars near Ripon, North Yorkshire. MTC stock a selection of trade and retail used cars. All out retail cars...

 

 

Based in North Yorkshire. 
 

Their ‘legal guy’ just called me and was quite intimidating. He clearly did not have any legal background other than

 

‘he (I) have sold cars for 24 years so know how it works’. 

 

Yes sure, you have 24 years of duping people. 
 

He was quite intimidating and trying to scare me away. Even told me it’s not his fault I have no money and I can’t afford an expensive car and that he has millions. I kid you not. 
 

also said he’s recording his calls. Fair enough. 
And said I’m not within my right to take car back as they paid Mercedes and they fixed it. At first they said it was hole in boost pipe. They replaced that. Then very next day engine management light come back on. I took it back to Mercedes on the order of this trader and Mercedes said they can’t find a code but it looks like the DPF filter has been removed by previous owner. 
 

This ‘legal guy’ was too intimidating and not listening and we were just speaking over each other. Said he has a case open with police and trading standards against me. Like what the hell. As if police have time to do something like this. 
 

If I write a letter to them, how will I prove I sent it. And I can’t kick The can for 2 weeks as 30 days will Be up. 
 

iev been sat in the car now for 3/4 hours and still waiting for AA to go local garage. 
 

this is another day lost to all of this now.  

 

 

 

[BankFodder]

In terms of how you paid, it would have been a matter for you possibly to credit the money into your credit account and then pay on the card.

I'm afraid that as long as they won't play ball, then you better realise that 14 days when even come into it. It will be 14 days – then you will issue the claim. Then they will have 14 days or maybe even 28 days to file a defence and you could find yourself six months down the line before you actually get a trial decision.

I suggest that you start reading up on this forum about taking a small claim in the County Court.
Don't worry about the intimidation et cetera. You should try to record your own calls.
Read our customer services guide

I notice that you still haven't told us the name of the dealer. I suppose you must be trying to protect them

[mrk1]

I’ve linked the dealer in last message? Protect them? Ha no way. 
 

Melmerby Trade Cars - 01765 803000 - Trade and Retail Cars North Yorkshire

WWW.MELMERBYTRADECARS.CO.UK

---

Melmerby Trade Cars near Ripon, North Yorkshire. MTC stock a selection of trade and retail used cars. All out retail cars...

 

6 months down the line??? What do I do with this car for 6 months? 
 

I paid for the car 17th November. So I have till around 17th or December to get money back?  

[BankFodder]

Sorry, I missed the link – and I don't know how that happened!

I'm afraid that we can't help you with your vehicle. I also wouldn't bank on getting your money back before the end of this year – and it could well be well into next year.

I suggest that in future you purchase cars on finance or if you have to, using your credit card. Be especially wary of companies which insist on cash or bank transfers. You immediately give up all your rights and privileges and protections. Big Fail.

All you can do now is plug the road – send the letter of claim – and we will help you all the way.

The only other thing you could do is to deal with them and get to some arrangement where the car is repaired properly and you decide to keep it. These are choices you will have to make.

[mrk1]

So this ‘30 days consumer rights’ law is not really all that it’s cracked up to be is it ?

[BankFodder]

It gives you certain rights but enforcing the rights is a different matter.
However, it means that if they refuse to comply with their obligations and you take it to court then you are pretty well 100% likely to succeed.

[dx100uk]

if you have to issue a claimfrom , thne there is no guarantee you'll ever get your moneyback, but its the best idea.

 

once you have issued your letter of claim.

on day 15 you issue the court claim.

 

from the issued date on your claimform (when you issue it via/on mcol site), they will have 19days to reply (acknowledge the claim), if they fail then you win by default. if they do AOS, they then have an additional 14 days to file a defence. If they fail  then you win by default, if they file a defence, then the claim goes to mediation, then if that fsils, to allocation to your court. that could be months away, most likely 2-3 months away.

 

dx

 

[BankFodder]

By the way, have you told us how much you paid for it – or is that something else that I have missed?

[mrk1]

46 minutes ago, dx100uk said:

if you have to issue a claimfrom , thne there is no guarantee you'll ever get your moneyback, but its the best idea.

 

once you have issued your letter of claim.

on day 15 you issue the court claim.

 

from the issued date on your claimform (when you issue it via/on mcol site), they will have 19days to reply (acknowledge the claim), if they fail then you win by default. if they do AOS, they then have an additional 14 days to file a defence. If they fail  then you win by default, if they file a defence, then the claim goes to mediation, then if that fsils, to allocation to your court. that could be months away, most likely 2-3 months away.

 

dx

 

Thanks. Will mull get t over today.  
They are not playing ball and honoring 30 days now. Told me they have paid Mercedes’ and they give the car a clean bill of health. Then the very next morning the engine light come on. And he seems to think it’s my fault. He thinks because Mercedes signed it off he’s out the clear. 
 

He also said even if I did take it back he is allowed to charge me a day rate for using the car. Surely this is not the case?! 
 

He has lied to me and used intimidation and insult to try to scare me away. 

31 minutes ago, BankFodder said:

By the way, have you told us how much you paid for it – or is that something else that I have missed?

£5290. 

[BankFodder]

No he's not entitled to charge during the first 30 days. Yes they are trying to scare you away. If they want to make a counterclaim for the value of days used then they can do that in the court case.

Take pictures and make sure you try to record everything that's wrong with the car.
Keep detailed notes about who said what to who. You should be recording your calls. Take pictures of engine warning lights et cetera on a daily basis.
Have you had an independent diagnosis of the car? You should arrange one even if it costs you money. When you identify somebody who is prepared to do a diagnostic test, send a note to the seller telling them that this is what you are going to do and that you will be looking to them to reimburse the cost of that as well as part of your court claim against them

[mrk1]

Ok thanks. 
If the car is fixed under warranty what then. Am I allowed to drive it till I get this sorted out? Or they accept to take back? 

[BankFodder]

If you continued to use it after having formally rejected it, then I think that they might validly be able to argue that you had gone back on your rejection and that you had now accepted the vehicle .

 

 

It's a pretty tricky problem .

 

Did you have to pay extra for the warranty or was it included in the sale?

 

 

[BankFodder]

The other thing would be to decide to keep it .

Have it properly checked out the full independent diagnosis and full independent MOT .

Then you could go ahead and get repairs done and recover the money from the dealer .

It would still take a court claim but at least you would have the vehicle and also hopefully at the end of the process it would be in excellent condition and you could be confident.

 

 

 

 

[mrk1]

Warranty was ‘included’ but it’s by ‘Warranty Wise’ and they are basically just Mickey Mouse contracts. Just a bit of perfume to make the deal look good. Warranty Wise have a very bad reputation for honoring. It’s at the garage now. They are calling me tomorrow. 
I always thought this 30 day thing was a cut deal. No questions asked. As I said to the guy I really feel for him, who wants to give back £5290,  it sadly it’s the law of the land that you subscribe to as a ltd company. Who I’ve just found out have a shady dissolution history and company statements late but hey ho that’s another story.  
 

Melerby Cars in Melerby, Ripon rose from the ashes of Yorkshire Vehicle Buyers Ltd cough cough. 

 

[BankFodder]

The company history is not one of the story. It is extremely relevant .

 

Those has been indicated by my site team colleague above, there could be a risk that you wouldn't get your money even if you claim successfully .

 

There is also a risk that you might end up parting with the car and not receive your reimbursement so they would then have your car and your money and then dissolve themselves .

 

I'm afraid that you did yourself no favours by paying cash and the safest option might be to discover how much it will cost to put the car into the condition that you expected to be when you bought it. 

 

And once again, even if you pay for repairs and try to claim it from the seller, you may still never see your money.

 

 

 

 

 

 

 

[mrk1]

Surely a well presented case which clearly shows these crooks for what they are. Why would I not get my money back? 
I have 30 days to operate in. It’s surely as clear as that.  
 

If I had paid by credit card would I just be able to click my fingers and get it back. I don’t get that. 

[dx100uk]

because of what myself and BF have already pointed out.....

 

motor traders simply change trading names and all court CCJ's (which is what you would attain if successful in civil county court) become unenforceable, the named company phoenix'd to another trading name

happens 1000's of time every year.

 

as for paying by a credit card or any credit regulated by the consumer credit act...yes you would.

 

section 75 of the consumer credit act makes the creditor equally responsible and a much bigger target AND one that cannot phoenix overnight.

[mrk1]

I have sent a text message to this trader (as this is how we mostly conversed) staying he needs to let me know if he is accepting this car back. By 12pm tomorrow lucky time. If not I’ll start legal proceedings. I guess the letter of intent would be the first call.  

[BankFodder]

Yes. You would have to begin with a letter of claim .

You should start off by reading the advice on this forum about how to bring a small claim in the county court .

 

However, have you decided what you're going to claim ?

Are you going to claim on the rejection or are you going to claim on the cost of repairs?

 

You need to have a proper plan in place. You can't simply have a vague idea of what you are going to do

 

 

 

 

[mrk1]

Ok thanks. 
Tomorrow when I find an hour I’m going to make a plan. May even try see if there are companies who can help me get a case together so the facts are straight. 
Just seen on .gov site example of fees. Don’t seem too bad.