Smart Car not smart enough for this Cow! Gaining redress for faulty new car)

Mooooooooving on

Last year this mob annoyed me. Why? Because they annoyed my mother. You know how it is, it’s bad enough when someone annoys you but when they start on your family, well that’s it isn’t it really? So, after listening to my mother moan about it for ten minutes (so therefore two minutes too long, you know how it is) I told her to give me the details in an email and I would deal with it. I knew this was going to be a hard one. Cars are a difficult one, it’s very hard to prove faults and well, it’s hard! But I’m The Complaining Cow, so I complained.

Earlier that year she had bought a Smart car. A couple of months later my brother noticed that the front near side tyre was flat. (The car hadn’t been driven for a while because my father had been seriously ill). She therefore called Smart Assistance who sent someone out for recovery. A garage repaired what appeared to have been a slow puncture. The repair had cost £12.00.

A couple of months later my mother went to drive the car and the battery (original battery) was flat. Again, she telephoned Smart Assistance. The battery was put on charge and she was told that everything was fine and to leave the engine running for 20 minutes. She then went out in the car to a local garden centre. She went back to her parked car after three quarters of an hour to find the battery flat. She ‘phoned Smart Assistance once again who again sent out a recovery vehicle. The man said luckily he had a smart battery that was suitable in the van. So he replaced the battery and charged her £53.00. (I know, disgraceful huh?) She then telephoned Mercedes Taunton and explained what had happened and asked if it was under the warranty I don’t much care much for warranties. I prefer the Law. My mother was entitled to a full refund as the car was sold as satisfactory and in good running order. It was not. I believed that Mercedes was therefore in breach of the Sale of Goods Act 1994 again so a full refund is what she would get! Now you would need to quote The Consumer Rights Act 2015 for purchases made prior to 01 October 2015.

Later they phoned back to say that Head Office, as a goodwill gesture would give her back half of the amount, they refunded £26.50.

Since then the car had been running well until a month later. My mother drove the car 6 days previously, but then the battery was flat. She ‘phoned Smart Assistance yet again. (Oh poo, only just realised that I should have been claiming for ‘phone calls!) He found the battery to be faulty. He tested everything including the alternator etc. He said she would have to take the car back to Exeter which was ridiculous. (It’s about an hour away from Taunton). He then drove her to Mercedes Taunton after charging the battery. She spoke to someone and they said they’d call the following day. They didn’t and she had to ‘phone them. I know, dreadful! Anyway, she was told that there had been a problem and that the battery was not only faulty but their suppliers had sent a wrong battery to replace it, and could she should ‘phone the following day.

My mother was told that they hoped the right battery would be in by Monday 21st and that it would cost her £147.00 and she could come and pick the car up.No smart customer service at Smart car!

It was at this point I stuck my hooves in….

So I complained. A lot. I didn’t want her to:

  1. have to go and get the car,
  2. pay for the puncture repair,
  3. pay for the faulty battery,

pay for the new battery and I wanted her to be refunded fully for the first one, oh and something for the inconvenience of course!

We wanted to return the vehicle for a full refund. I knew this was never going to happen, but here’s a tip, always always go for more than you want. That way they can come down thinking they have won something and you get what you want!

The Manager offered to return the car when the battery was done at just the cost she had had refunded! i.e. she would still have to pay the full cost of the battery! So she would, in effect have a new battery which I didn’t think she should have needed and be out of pocket by £53.00. I thought this wasn’t good enough personally.

So, off went an email to the MD pointing out a few legal facts, quotes from their publicity and the like. Few more emails backwards and forwards. He seemed to think that we had no grounds for returning the car and couldn’t prove anything regarding the car being faulty at time of purchase. However, I am pleased to say that my powers of persuasion convinced him to pay:

£12 puncture repair refund
£53.00 battery refund
£100 goodwill gesture (I do so love these goodwill gestures)
(She had the £26.50 on top of this already paid by the other people!)

Evaluation

It took a while but I refuse to accept the first response if I don’t like it! I was particularly pleased that garages in Taunton were impressed saying that Mercedez are notoriously bad with their customer service!

Customer Service 4 out of 10
MD 7 out of 10
Prize £191.50 plus a battery

Rating – Churned out ok eventually

If you find yourself in a similar situation and need some help. See Top 20 Tips for complaining effectively 
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