Hi oh learned friends... Quick question if I may.....

So I bought a replacement summer toy (Merc CLK 350 cabriolet) to replace mine that was written off a couple of weeks ago.. all good so far and its a really nice car...

I picked it up Saturday afternoon, messed around Sunday round town and drove to work in it Monday morning. On the M25 the gearbox went into limp mode and stuck in 2nd gear. Pulled over to hard shoulder, stopped and restarted the car all was good so carried on to work... Drove home that night and the exact same thing happened. I phoned the dealer (small second hand car dealer) who picked it up Tuesday, drove around and plugged it into his diagnostics and couldn't find ay faults and it drove fine. He dropped it back to me Yesterday...

I went out last night for a cruise around and again it went into limp mode. Ive read a lot on it but it seems they are prone to this and its likely to be a speed sensor in the box but could be other issues.

He picked it up again today and it happened to him and he (or Merc) managed to get a fault reading and it is believed to be the sensor.

The problem for me is that they have known issues (upon reading up on it) and I have no idea what else might be wrong as a result of being driven in the wrong gear for too long previously. I only noticed it had gone into limo mode because I saw the revs at 4000 on the motorway. Radio was up loud so I couldn't hear it and was in and out of traffic so it wasn't obvious.

I've lost confidence in it now and am wary about what happens in 3 months when out of warranty..

I think I have 30 days under the Consumer Rights Act to simply reject the car as not being fit for purpose but if he has said he will fix the current issue can I still do that.? What would I say..? I've lost confidence in it and no longer want it. I've only had it 5 days and its been back to him twice.

Any advice would be welcome but I think I want to walk away from this one...

Thanks Ash
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2016 SDV8 AB

I'd start by reading the relevant bits of the Consumer Rights Act (via google), perhaps also the Citizens' Advice notes. My reading is that the car should be of satisfactory quality, applying a reasonable standard in all the circumstances. If it isn't there is a right to reject within 30 days. I didn't think the (trade) seller has a right to insist on repairing in that 30 day period. I'd say this fault is bad enough to make the car not of 'satisfactory quality'. if the seller disputes that and refuses to refund you the money you'd have to go to court, an expensive hassle. You'd want to take proper advice from a solicitor if the seller does not give you the refund as soon as you tell him you are rejecting the car.

Good luck. Only Range Rovers since 1988

Thanks CS

You have said exactly the same as I thought - The thing for me is losing confidence in the car now.. It is a nice car and he has (or said he has) a string of customers wanting it but I was there with sound notes so to speak..

I'm sure he could sell it to someone else quite easily and without the knowledge of the issues I'd be none the wiser and love it (hoping that nothing would go wrong). I've just got the worries that it could get very expensive for me once warranty runs out...

I might just suggest to him that I don't want it back due to having these issues so soon and see what he says.

Thanks Ash
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2016 SDV8 AB

What miles are on the clk?

What year is it?

If it's the 7 speed auto,they need servicing every 50-70k,usually a good strong reliable gearbox (speaking from experience).

Only things that tend to go wrong are the speed sensor or the electro plate inside the gearbox which controls the box,had this go on a previous car of mine,around £400 For the plate to be changed but included a gearbox service as part of the job.once done,no issues at all.

its a 2007 car with 67,000 on the clock. Full service history with MB maidstone but haven't interrogated what has actually been done on each service.

maybe i shouldn't have read up online about the issue but it appears quite a lot goes wrong with the 7 speed gtronic boxes. There is even a class action law suit in the US about them.

As its a known issue and they are going to replace the speed sensor I can't ask them to replace the electro plate as well but don't want to end up paying out on this in the next few months - suspecting its going to go wrong.

If its not been done, I can't ask them to service the box either I guess (which would include new oil and filter) unless it needs to be replaced/drained as part of the sensor swap.

It is a nice car but I've lost confidence and won't drive it far - and then its pointless..

I have sent the dealer/trader a text with my fears and request so will see what he comes back with. Ash
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2016 SDV8 AB

You can reject it and you are entitled to at the moment.

Whatever they say, they will be liable for any faults with the vehicle for the first six months you have it. Do not be fobbed off by them if they ever say differently!

cheers and good luck Alex

2018 Skoda Kodiaq vRS
2009 Caterham Supersport Race car
2007 M5 Touring
2005 Range Rover Vogue SE Supercharged
2004 SL55 AMG

Quick update chaps (and assess)...

So I returned the car and had a chat with the dealer - he was ok with it. He asked if I could help get my name taken off the V5 so it still showed 2 owners. I agreed to try and when I spoke to the DVLA I told them that i had paid a holding deposit but the dealer was a little previous and processed the transfer on line... I returned the car so never owned it.

They asked for that in writing so they could return the V5 to its previous state which I did (as a favour to the dealer)

He has refunded me most of the money but is hanging on to the last £700 waiting to see that the log book comes back as 2 owners. I'm making an assumption, given what I have read on the consumer rights act, in the first 30 days I can return the car and the dealer cannot deduct anything for wear and tear but it doesn't say anything else. Dealer is suggesting the car is worth less with more owners on it but if it had a fault for which I returned it (5 days after buying it) its not my problem.

Anyone know if he is entitled to deduct what he thinks reasonable as to offset the "decrease" in value due to more owners..

I suspect I already know what you will all say but wanted to hear your thoughts.

Cheers Ash
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2016 SDV8 AB

I had heard that the 7G box can be a little problematic. Some sort of electrical gremlin. I'm glad you are out of it as you've probably also dodged a bullet with the 3.5 engine which is known to have balancer shaft problems.

When I bought my SL i went for the 3.7 litre 5 speed box which, I understand, are both pretty bombproof. 2017 5.0 Autobiography Supercharged
2005 Merc SL350
2005 Disco HSE 2.7 oil burner

i don't think there is any right to withhold money, the CR Act seems clear on the point, you are entitled to get your money back. Only Range Rovers since 1988