Claim settled: a missold Mercedes-Benz

Faulty car litigation can be a very expensive, lengthy and stressful process. Because of this, strategy, experience and specialist knowledge of the subject vehicle, which in this case is a Mercedes-Benz car, can prove decisive.

This is never truer than when you’re up against a defendant who is an experienced car dealer specialising in buying and selling luxury cars.

If you’ve engaged a legal representative who can’t match the knowledge and expertise of the dealer, and is unable to challenge the expert evidence, then you may find yourself on the back foot.

This is what happened in this case, which serves as a reminder that there’s more to law than the Consumer Rights Act 2015.

How the Mercedes dispute began

At first glance the facts are straightforward: Mr S bought a late model Mercedes-Benz E400 AMG Line Premium from a Dealership. The advert claimed the Mercedes was in pristine condition with no faults or issues.

When Mr S attended the dealership to view the Mercedes, it was not displayed in the showroom or in the front but was driven around from the workshop. It was not as clean as the others, and it was raining at the time.

Mr S drove home, and as it was late, didn’t look at the car properly until the morning when he discovered the paintwork was peppered with stone chips, not only on the bonnet, but down the sides. Further inspection by Mercedes-Benz revealed poor paintwork to the bumpers and rear quarter. Mr S rejected the car.

The supplying dealer declined to accept the rejection because in their opinion the condition of the car was commensurate with its age and mileage and that Mr S had viewed it before purchase. However, they agreed to repair the Mercedes, but when it was returned it was in no better condition than it was before, so Mr S rejected the car again, which the Dealer refused in reliance on an ‘ACE’ car report.

Mr S instructed solicitors who issued a letter before action and issued the court claim which was defended.

Mr S solicitors costs reached £50,000.00 and he lost faith in their ability to win the case.

Our success with rejecting a missold Mercedes

Mr S sought a second opinion from Stormcatcher Law and our Philip Harmer, LLB, LLM, BPTC, who is not only widely considered to be an expert on automotive law, the motor and vehicle repair industry but has specialist knowledge of Mercedes-Benz vehicles.

Mr Harmer examined the evidence, the expert report, and the correspondence between the parties, and reassured Mr S on the merits of his case.

Mr Harmer was critical of the way in which the case had been approached and the evidence, which in his view had allowed the dealer to take the ‘whip hand’. The dealer, a confident person well versed in negotiating and buying and selling, was not an easy person to deal with.

However, we drilled down into the evidence, the vehicle provenance and the circumstances surround the purchase, developing pertinent questions for the expert, which proved successful.

Mr S utilised the second opinion to pursue the claim as a litigant in person, instructing counsel of the trial. The case was successfully settled at the court room door.

Is a car dealer refusing your car return? We can help

Naturally, lawyers must be knowledgeable about the relevant laws and legal principles which includes the law of evidence. However, to interpret and challenge the evidence requires a deep understanding of automotive engineering, vehicle repair techniques and the motor trade.

This is vital to avoid being given the runaround when dealing with complaints and claims involving, well-seasoned and successful car dealers. If in doubt, contact Stormcatcher Law for advice on 0333 700 7676.