M B Customer Service - Any ideas ??

[john_boy]

I'm having a problem with my car and as my Lawyer is on holiday wondered if anyone knows the legal position........

I purchaded a Mercedes SLK 350 on 11/8/05 - it was just over 1 year old (reg'd 15/7/04) and it was a private sale - i paid £34,000 for it, if this is relevant - there was just under 2 years manufacturer's warranty remaining on the car (UK supplied car with Main Dealer history).

On 4th Sept, there was some crackling on the rear speakers and the following day the battery was flat.

Mercedes sent someone out and concluded that it had a "major electrical fault"...

A couple of days later, the Local Merc dealers that the car had been taken to, rang to tell me that the car needed a new wiring loom, but they couldn't give me a definate date for the part's arrival - i was non too chuffed, but finally the loom arrived on 17th October - we went on Holiday on 22nd October for 2 weeks and were assured that the car would be ready when we got back.

when i phoned on 7th Nov - i was informed that the wrong part had been sent and that they had requested another (correct) wiring loom, but couldn't give even an approximate date for it's arrival.

I was ****** livid - the car was a 40th birthday prezzie for my Wife and she had hardly driven it- i managed to speak to the area parts manager and requested that he ring the factory and get one DHL'd over immediatly, but he refused, stating that he couldn't do anything other than the standard parts ordering system.....

I've spoken to Mercedes Customer Services who are about as much use as a 1 leg'd dog and seem to gleen pleasure in winding me up and they advise the part is due to arrive on 30th December (plus it could be as long as 1-2 weeks to fit !!).

So i'm unlikely to see the car for another 5-6 weeks and although Mercedes have lent us an E Class, we wanted to know our rights.....

I've got a bank loan, so am paying out hundred's of £££'s each month, but getting no SLK
My insurance is costing me £££'s each month
Road tax is ticking away
and more importantly - what about the depreciation ?? - when i mentioned this to the area parts manager, he told me there was no depreciation as the car was in their workshops doing nil miles - but i disagree !

i'm also concerned that if the car hasn't been used/moved/started for 4-5 months - will there be long term damage to the tyres (it has 19" Brabus wheels with very low profile tyres) - also what about the battery ??

any ideas ?

Mercedes's attitude is that they are doing "all within their power" to get me back on the road and are lending me a car in the interim - So what's the problem ??

my view is that they are fobbing me off.

Bearing in mind it was a private sale and the finance is a bank loan and not HP - do i have any rights under the sale of goods act and if not what are my rights under the warranty i got with the car ??

Any Lawyers out there ?

 

[SLinKyjoe]

it will depreciate while it sits there. the less mileage may help it not go done quite as much but we are not talking huge differences.

give your insurance company a ring and see if they can offer help thru the legal channels.

do the same with your finance company.

then contact the motor traders federation or whatever its called, you can even try watch dog. it means writing but hammer everyone you can think of and see if any of it gleans help. and enquire at another dealer to see whether you are being fobbed off or not!

you could email some lawyers and see if they can offer you some advice, or at least they may take up your case.

please let us know what happens.

 

[Supercue]

Jesus thats bad

I would love to see that description in the Glasses Guide for next month....Mercedes SLK350, no depreciation if Car sits in workshop......Just aint gonna happen!!

One thing for this.....National newspapers!! Watchdog...Jezza Clarkson on a Sunday night would have a field day with this story!!

Guts me to think that sitting in front of a Salesman ordering one of these new, They would bend over backwards to get you to sign on the Dotted line and ring you 5 times a day to see if you have made a decision, but when its all on the over foot and you need there help....Different Scenario.

Let us know hoe you go!!

 

[malcolm E53 AMG]

Incompetence always adds insult to injury, and I'm sure anybodys patience would be tested to the limit in these circumstances. I would imagine that MB are within their customer care guidelines by providing an E Class as a loan car in this situation.

However if ultimately you want to keep the car I would push for some form of compensation or a similar loan car to yours.

If you feel that you no longer want the car it may even be possible to negotiate the return of the car to MB as the purchasers return period of 30 days was probably not completed.

I think you have a very good case for a full refund.

Good Luck!

 

[television]

There are 2 parlament act's. Sale of goods act. Forget the years exact time
You could use
1995 act Fit for the purpose it was intended
Not of merchantable quality Both of these cover

1 Have a fault that they could not have known about
2 Do not do the job they were led to believe it would do
3 Do not match a sample they were shown
4 as not as they were descibed

Clearly the car does not meet any of the above.

Malcolm

 

[noby39]

Sale of Goods Act 1979

Problem with the SGA is that the fitness for purpose/satisfactory quality requirements may not apply to the private sale unless your contract with the seller stated otherwise. That is one of the disadvantages of private sales/purchases. I'm not sure what the position is with the manufacturer's warranty that came with the car, but if the dealership are honouring the warranty (but may not the spirit of the warranty) then they must believe that they are bound to do so. The legal position with makers' warranties coming as part of a private sale is not entirely clear. If, as seems to be the case, the MB dealership is doing its best, then its best quite clearly is not to the standard that a reasonable person would expect in the circumstances. But then it depends on your repair contract with the MB dealership. Check it to see if there are get-out terms (I bet that there are, but that does mean that the get out terms are legal).

I would write to the head honcho at MB UK - don't write to smaller fry - and see what the reaction is. If MB UK appear to be fobbing you off - my experience of writing to MB UK on a less important matter is that the MD or head honcho didn't give a proverbial toss about my complaint and my letter was passed to the lowest minion at MB UK to write a reply (I got one complete with spelling mistakes) then give the MB dealership notice that you intend to begin a County Court case against them. Work out what your reasonable costs are, as a result of not having the car, and (assuming the dealership does not react to the threat) begin a County Court case. I wish you luck.

 

[jberks]

I also wish you luck, but to be fair, I don't think the courts are going to be able to do much. All MB need to do is to provide you with a car (they have) and do whatever is reasonable to fix it - which technically they are doing.
Customer services are a joke - so no point there.
I think I would make an appointment to see the dealer principal and service manager. As you rightly point out, considering their cock-up, they have a moral, if not legal, obligation to do something extra to resolve this and there is nothing to gain from their perspective by mucking you about. However, they may not have any real pull at MB so are probably as frustrated about this as you are.
I am having a barny with my dealer too. Fortunatley not with an off the road car, but just their attitude that if I don't fit in with their crappy procedures I am just an inconvenience. (and here's me thinking I was a customer!)

Interestingly, it may be worth calling a few other dealers and specialists (who can also do warranty work these days). One may have a loom in, or ask them how long to get one - you never know. If you can find someone, you can have the car moved.

 

[noby39]

Sometimes starting a County Court case wakes a supplier up, and indirectly may put pressure on MB UK; and it costs so little to begin a County Court case and you bring home to the dealer the seriousness with which you view the matter and that you haven't just come down the river on a bicycle.

The fact that the dealer has given you a replacement must be taken into account but only that. If you are deprived of the car you bought, through the inefficiency of the dealer or MB UK, then it is no answer to the complaint to say that the dealer gave you a car to get you about in the meantime. If the interim or loan car is the same model, etc. as the one awaiting the repair then you probably have nothing of substance to complain about.

 

[maddog]

The law is all about being reasonable.

They have had the car an unreasonable length of time and not provided you with an adequte replacement (you paid for an SLK but have been driving an e class)

You need to speak to the organ grinder not the monkey, make an appointment to see the service manager/director and explain that you are not happy and give them a deadline. You can miss this out is you really feel you are getting nowhere and have exhausted the normal communication channels. Follow this meeting up with a recorded delivered letter

Tell them in the meeting and by letter that you will require a refund is your car is not returned in a working state by that dealine i would say 14 days would be reasonable, make sure you list the dates and failures so far in the letter.

If this action alone doesnt provide the required result i will be surprised but if not you can now start any legal proceedings you wish, a lawyer will help but often the Citizens Advice is a good place to start.


Always, Always follow up any phone calls with a recorded letter and keep copies

No point using a sledgehammer to crack a walnut, its not the time imo to get heavy heanded ......yet

 

[jberks]

A lot of the points above are very good if the car was purchased from the dealer in question. As the supplier, he has a sales obligation as well as a repair one. However, in this case it was a private purchase so the only obligation from the dealer is to repair the car in accordance with the warranty. It might be arguable that MB Uk has been negligent given the amount of time it has taken to supply the parts and in turn probably MB Germany but that's a major battle. I suspect that the dealer, as simply someone you have hired to carry out the repair, would legally be able to return the car to you, having not made a financial charge, and suggest you find someone else to repair it. As I understand it, they are personally under no legal obligation to repair your car at all as you could legally use anyone. Certainly the sales of goods act does not cover here in relation to the dealer as they didn't sell it to you. MB UK probably does have an obligation but they aren't the people you are dealeing with.
The key issue here is that you have an argument against the supplier, not the repairer. Unfortunately, as a private purchase, you can't go after the seller and I would suspect that by giving you an E class and not being directly responsible for the delay themselves, they would be considered by the courts to be behaving reasonably. This is the downside of a private purchase. The upside clearly being a better price in the first place.
I'd suggest in the first instance a meeting with the dealer principal who may be able to pull some strings. If you take legal action, I'd go after MB UK for failure to supply the parts in a reasonable period. A writ may spur some action here.
Perhaps try bypassing MBUK and call the factory directly. I understand they do have English speakers so it may be worth a shot.

This scenario struck me when I had a brand new Audi blow up a few years ago. Had it been an import which was a major consideration at the time, I would have been stuck with whatever fix Audi UK offered. The dealer would have had no axe to grind either way. As it was, I was able to return the car to the dealer who, as the supplier, I was able to pressure into getting a speedy replacement.

 

[maddog]

However, in this case it was a private purchase so the only obligation from the dealer is to repair the car in accordance with the warranty.

sorry good point i misunderstood.

In that case my advice would be give the dealership an ultimatum ie Repair my car by such and such a date or i will take it elsewhere.

Sometimes though its better the devil you know

 

[clive williams]

John Boy,

My sympathies, I think you are in a difficult position and I don't expect that you can get the law on your side especially, as it was a private sale and the courts would probably take the view that the seller was not an 'expert' dealer and therefore could not have reasonably known about the fault - its a case of buyer beware in a private sale.
I am convinced that a majority of the blame on UK customer satisfaction is the arrogance of MBUK who think they have a priviledged position in the motor trade. I've always thought that Chrysler-Benz might respond more positively if they were written to direct, copying in MBUK's MD. They may be more embarassed and do something positive.
I wonder if the vehicle would be fixed quicker abroad? even if it was a UK spec vehicle.

Clive

 

[robertjrt]

I wish you well, my legal bill is nearing £8,000, again on a "wiring fault" and my car has been at MB Chelsea since November last year. This is an S500L. and Hig

I have been through the usual merry go round so, if you bill is less than the maximum, I would try the small claims court, or you will be like me, solicitors, barristers and High Court Writs!

 

[robertjrt]

MB have a duty to you and are very good at "fobbing" customers off

I wish you well, my legal bill is nearing £8,000, again on a "wiring fault" and my car has been at MB Chelsea since November last year. This is an S500L a so called "flagship" product with a full MB service book, bought from MB direct.

I have been through the usual merry go round so, if you bill is less than the maximum, I would try the small claims court, or you will be like me, solicitors, barristers and High Court Writs.

 

[psmart]

Take it to the Germans....

reading this post just reminded me of a problem I had with my ML in its first year of life (so long ago Id forgotten)....

Working in Stuttgart at the time, using my car daily, opening/closing the passenger window to get/put car parking tickets in, the window froze. Called Merc Germany, they said take it to the main Stuttgart dealer 24 hour service centre, and they'd sort it out. So, drove it in, went into Rosenstein park for a quick beer, walked back 1 hour later, they'd replaced the Glass, Motor, wiring and Switch panel! All under warranty, even though the car was bought in the UK. Now thats service. Apparently, you'd only get the switch panel replaced in the UK!

Forget the UK, if your under warranty, use the German system, get your car to one of the main DC Service centres.

If your out here for the football and you own a Merc with troubles, bring it along and let the German's impress you in more that 1 way

 

[television]

t does make a difference as to what country you are in with what car. Living in Sweden with a SAAB I could ring the factory and get supurb help over the telephone, same car in UK, you may as well throw the phone or the car away.


malcolm