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David Guernsey

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Guys I need some help!

I am writing to get your advice. I have a serious complaint about Mercedes service and build quality.. In my opinion Mercedes Benz Authorised service agents have endangered my life through negligent service and what is more I am worried that there could potentially be a serious model wide fault that needs to be rectified immediately before someone loses their life.

A few months ago (6TH march 2003) I bought a Mercedes CLK 430 Cabriolet (Avant Garde) from Fischer, an independent Mercedes specialist in Marbella in Spain. The car was just over 1 year old and as such is covered, (I was informed by the dealer, Fischer) by a Mercedes Guarantee. In addition Fischer promised me a 1 year in-house dealer?s guarantee. The car cost me approximately 55,000 euros (about $55,000 US dollars. )


All was going well until Friday 16th May 2003 when I was driving through a small town called San Pedro de Alcantara. Firstly I felt the car becoming sluggish and losing power. Within seconds though, as I attempted to find a parking space to stop in, the brakes slammed on independently. It felt as if someone has slammed on the footbrake. The car stopped suddenly and skidded to the right, just missing a parked car in front of me. I was driving only at perhaps 10-15 Kmh (8 or 9 mph) at the time or there could have been a serious accident.

There was no warning sign on the dashboard electronic display until fully 30 minutes after the car had come to a halt. I repeat, I had no prior warning of any trouble.

The car then jammed completely. The brakes were on, even with the engine turned off. No-one could move the car, even with the gearbox in neutral. I was stuck in the middle of the road for 2.5 hours awaiting a rescue tow truck which eventually came after 3 hours. After 2.5 hours the police arranged a tow truck to tow me to the side of the road to await the tow truck that Fischer had ordered. I had to pay for BOTH tow trucks myself.

Eventually the car was towed to the official Mercedes Dealer and service centre in Marbella, which I believe is called R Benet SA. By the time the car had reached them the brakes had unlocked. At first they (Benet) told Fischer that the fault was because there was not enough fuel in the car (!) After 1 week more Benet told us that they had now identified a ?sensor? problem which was being rectified. 1 week after that, Benet told us that they had now identified another sensor problem and were awaiting parts from Germany. On the 5th June 2003, finally Benet told us that the car was ready and SAFE. Although I asked for a full print out and report on the work carried out, nothing was forthcoming. Benet told Fischer that they had tested the car for an hour and it was TOTALLY Safe.

On the evening of June 5th at 8pm I drove the car from Fischer?s garage, which is next door to Benet?s premises. Within seconds it was apparent that the same fault was beginning to occur. Although I was about to turn on to the highway (motorway) I managed to turn the car around and drive very slowly back to Fischer?s garage. I just made it, because the car?s braking system was about to lock completely. Luckily a salesman from Fischer was still at work and was able to help me. He tried to park the car in a garage 100 metres away but the car would not move at all after 80 meters and the wheels were locked. The car had to be towed the 90 metres or so back to Benet the next day.

More importantly however, if I had made it onto the motorway, within seconds, the brakes would have jammed on ? with no warning. The car would not have been able to be moved a centimetre. Imagine if I had been driving at more than 100kmh and the car?s brakes had locked ? I might have been killed, as might my wife and kids. I bought this car as a family convertible, after all.

Throughout this unhappy event I have been renting a car at my own expense. Mercedes have not offered me a courtesy car nor mentioned about any recompense for my financial outlay. The dealer I bought the car from 12 weeks ago called me today and offered me a deal whereby they would take the car as part exchange for another car, but only at just over 70% of its value 12 weeks ago. Considering I have had barely 7-8 weeks motoring that is some depreciation.

The car is still ?being repaired? as of the 10th June. I am REALLY SCARED to drive it when it comes back.

I leave you to make your own conclusions.


Any suggestions?
 

fudger

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Hi David, this is a sorry story indeed. I would imagine everyone feeling a bit nervous after that experience.

What would i do given the same circumstances? Well, I think I would get MB to double check all work and make sure they take the car on an extensive road test (days not just a few miles). At that point and assuming no further issues, I think I might just get an independant to look at it for.

As a CLK430 owner I can assure you I have had no problems of this nature at all and not heard of it previously. Anyone else seen this problem?

Surely things can only get better from this point on!
 

Guy

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S212 Estate 2010 Brabus D6 350CDI
David Guernsey said:
Guys I need some help!

In my opinion Mercedes Benz Authorised service agents have endangered my life through negligent service and what is more I am worried that there could potentially be a serious model wide fault that needs to be rectified immediately before someone loses their life.


Throughout this unhappy event I have been renting a car at my own expense. Mercedes have not offered me a courtesy car nor mentioned about any recompense for my financial outlay. The dealer I bought the car from 12 weeks ago called me today and offered me a deal whereby they would take the car as part exchange for another car, but only at just over 70% of its value 12 weeks ago. Considering I have had barely 7-8 weeks motoring that is some depreciation.

Any suggestions?

In my view there is no way the dealer will resolve this to your satisfaction without you taking it to MB HQ. He will continue to make you desultory offers in an effort to avoid facing the serious nature of the problem.

My advice would be to decide what you want/expect them to do.

Be reasonable and polite, and put all the facts and your proposals in writing to all parties including MB Spain, and make it clear that you will not accept anything less.

Tell them you have every intention of instructing a lawyer unless (give his name if you have one - or better still get him to write or at least approve your letter) the matter is resolved within a reasonable space of time.

Good luck :)
 

MotardMan

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1995 E320T, S124, W124, Sportline
This car is obvious;y a lemon, and a liability. Use the lemon laws to return the car and demand a replacement, or your money back. I am sure the EU law will protect you as a consumer. In the UK we have the Trades Description law that would assure your riughts, as the car is not "sold fit for purpose".

Inform the dealer if you intend to return the car ASAP. As said before, remain calm and polite. This is the best way to deal with them, and keep them on side. Use the law, it is there to help you.

I sincwerelty hope that MB resolve this issue for you quickly, and to your satisfaction.

HTH,

Jim
 
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