Is this legal?

[tobyd]

Hello,

If there are any lawyers out there I'd love to hear your view.

I have a 1990 W124 estate that I use for transporting my dogs around. Recently the ignition lock broke meaning that it was almost impossible to start the car. I rang my local mercedes dealer to order a barrel and key to get me mobile again.

I have been informed that Mercedes will only supply this part to me if I have it fitted by a Mercedes Dealer!! I don't wish to pay £89+vat an hour when I can get it fitted free elsewhere.

I have made an official complaint over this policy and I'm waiting for a response seven days later- it has taken several calls to be told a letter is in the post from the area rep telling me that the local dealer followed DC policy.Not a lot of help if I had been stranded with an unusable car - 7 days off the road and no further forward.

Can they refuse to supply a part vital to my cars use unless I use their highly priced service?
After hearing all the talk about poor dealer service, bad JD Power results etc. and letting my love of the marque blindly see past it, I am now wondering whther I'd ever buy a Mercedes from a dealer ever.

Look forward to hearing some views.

Regards

Toby.

PS.Will be selling the 1992 500E in the next week or so if anyone's interested.

1990 230TE
1992 500E
1995 E320

 

[mikemoss]

I'm no lawyer, but when the same thing happened to me I had to go through the same rigmarole. Seem to remember the dealer telling me it was all to do with anti-theft/fraud laws and I had to produce all manner of documents proving I was the legal owner of the car before they would fit the new lock.

Same thing with my wife's VW Golf, come to think of it. Bit like all that nonsense we have to go through to get a new number plate. But, at the end of the day, it is supposed to provide us with a small measure of protection against some evil git ordering a key for our car and then driving off in it.

Just part of the rising cost of running a car, I guess. At least the dealer ought to do a proper job for you.

 

[tobyd]

Thanks for your message.
It may help stop theft but from my experience of car thieves they are unlikely to order a key and barrel hoping that it arrives within the 2 weeks to 2 months MB quoted me for delivery. They are more likely to get brake the lock if they're not smart enough to bypass it (as if they can replace it they can get round it).
If MB was that concerned about people getting hold of locks they'd also be offering to buy old locks from scraped cars - but I don't suppose anyone would pay the dealer network £90 + vat an hour to remove it!!

 

[markyce]

Not a lawyer, just a poor s*d who had his keys chucked away. Went to stealership for W202 replacement key, had to supply photocopy of Log Book and Photo ID to get the key.....took £95 from me and the 5 days turned into 10 before it turned up.

Went to Mercman in Southampton for new lock barrel and key on the W124 CE , charged me £60 incl VAT and took 5 minutes to get it into my hands (the dealership didn't even know there was such a thing as a 124 Coupe !!!).

Hope that helps.......have used Mercman a bit and my experience is they do their best to help you out of trouble.

Markyce

 

[tobyd]

Well the man from Mercedes finally got back to me and told me that Germany has decreed that no 'theft relevant' parts are to be supplied unless fitted by a dealer. This includes my key and barrel for my w124 estate.
It is no longer enough to turn up and prove that you own the car with enough paperwork to sink a ship, you just need deep pockets when asked £200+ to fit a new barrel and lock to a £700 car.

This lack of understanding and customer care demonstrates how the brand has lost its way and its good reputation.

toby.

 

[pascal]

Well Toby,

I would go to a different dealer. They were supplying them a few months ago.

See: http://forums.mercedesclub.org.uk/showthread.php?t=9811&highlight=barrel

Pascal

 

[Myros]

what are they on, I'll have some

I think that MB must be beleiving their own press releases. Sadly, they can actually refuse to sell you anything, and refuse to let you into their dealerships if they want to, but they wouldn't get very far if they did. As for the "no theft relevant parts", that sounds like an unreasonable restraint of trade, or even an infringement of your own human rights, the one which allows you to enjoy your own property (forgotten which article it is of the European convention on Human rights and fundamental freedoms). I'd say contact your motoring association's legal dept, which ought to do this kind of thing for free, and ask them to take it up with MB, possibly hinting that if the part isn't forthcoming at a reasonable point in the future, for you to have fitted as you see fit and by whom you like, they will be bringing the matter to the attention of the DTI and some of our learned friends in wigs.

 

[mlc]

I think that MB can sell or not sell parts as they think appropriate. I dont think human rights comes into this. Try getting parts for your TV, DVD player, Omega watch. Lots of companies won't sell parts to anybody. Their agument is is usually that the fitting requires a skilled technician, repair isnt cost efficient etc. etc. it is also a fact (in IT for instance) that parts are controlled to ensure that the licenced repairers can up the price - just as MB are doing here.

I have owned cars in the past where at 15 years old you cant get any parts anymore because they are no longer supported - who remebers Chrysler Alpines!

What can you do - remember to tell all your friends how unreasonable MB are, and buy a Ford next time, otherwise buy second hand as suggested or bite the bullet and pay the dealer price.

Mark

 

[Myros]

partly agree

Mark, I agree that at least MB keep the parts to keep our older cars going.That's one of the reasons I own Mercs in itself.
I think the issue is that they will sell him the part conditionally, but the condition is an unfair one. He might be an mechanic/technician himself, and perfectly capable of doing the repair, or he might wish to have his own mechanic do the fitting. By denying him that avenue, they are actually being quite unfair, and possibly acting contrary to some general legal priciple. After all, they don't put the same condition on selling me an oil filter, or any other bit I might need They'll probably still charge him a fortune for the part, even if he does fit it himself. I'm sure they never sell anything at a loss.
I think the whole security aspect is just a smokescreen to camouflage another hideous scamming of the punters.

 

[andy_k]

just offer to buy the guys in the parts department a beer and they'll fit it for you - or at least most of them will

As long as your original lock is still working it takes 30 seconds to replace an ignition barrel. If the lock has seized, then quite frankly I'd take them up on their offer of £200 but get it in writing before they start work

Just out of interest i phoned a dealer today to ask about the availability of the lock and they were happy to supply it as long as I had the relevent paperwork (V5 and proof of ID) with no mention of them having to fit the part.

I'm not sure where you are located Toby, but if you'd like help getting the lock to fit yourself then let me know

Andy

 

[Myros]

liberty-taking

I took one, and asked my contacts at the 107 Friends club in Germany about this. They got in touch with someone at MB, who said all that is required in Gremany is proof positive, in person, of ownership and identity, and the part is yours to do with what you wish. Costs about 200euros, whic is about £120 quid.
So the germans aren't forced to have their dealer fit it, why should we be.

I think some kind of apology is called for from the offending dealer, or a written copy of this absurd policy, so that we can take it up with them properly.

 

[andy_k]

I've just spoken to our local parts guys - here is what was offered

1, supply a "service lock" off the shelf. this is a normal ignition lock with it's own key which works in exactly the same way as yours but the key is not matched to your car - price £38.27 +vat. These items are in stock and you need no proof of ID to purchase them

2, supply a lock matched to your chassis number. Assuming the locks haven't been changed in the past then the keys will be the same as your current ones. Cost £54.39+vat with 7-14 days delivery time as they have to come from Germany. to buy one of these you will need to prove you are the keeper of the car and have proof of ID such as your driving licence or passport

No mention of any new rules from Mercedes, he said they were quite happy to take your money

Andy

 

[LNM]

Another lesson in Change The Barrel Immediately After It Sticks For The First Time.