Mercedes-Benz warranty

[robertjrt]

You may have read my posts about my long running legal action against Mercedes-Benz, now in its fourth year and still a long way to run.

I may not have made it quite clear that my car was still covered by the Warranty given, 12 months parts & labour when I bought the car in January 2005 for £29,000.

A Warranty claim was made, and rejected, which is why Mercedes-Benz Chelsea asked me for £6,800 for the repairs caused by them!

Customer service at its very best!

 

[television]

I thought that you had the car back now

 

[robertjrt]

My car remains at Mercedes-Benz Chelsea's workshop. I booked an MOT last December, at my cost, as the car has no RFL. I have it SORN'd.

MB declined to MOT the car as they are not an MOT station I was not willing to remove a car that had been standing for almost 4 years without one.

(A breakdown recovery to an MOT station was suggested)

I was refused an opertunity to inspect the car or to have it inspected before it left MB "care".

It has now been agreed, 6 months later, that I can have an inspection, but, the inspection company, DEKA cannot drive the car without an MOT!

Catch 22

 

[toby_tobias]

just being nosey, will you eventually be compensated for the depreciation on the value of the car whilst you haven't been using it? if your successful in court?

 

[teddycatkin]

Amazing story---sell it to the national newspapers and buy a new one?

 

[robertjrt]

just being nosey, will you eventually be compensated for the depreciation on the value of the car whilst you haven't been using it? if your successful in court?

According to Mercedes-Benz my car has suffered minor, £1,000, depredation whist in their care as it has not been driven.

So, if you know of anybody who would like to buy a 2001 S500L with 50,000 miles on the clock for £26,000, please let me know. There is no MOT and the MobilLife Warranty has been forfeit as the car has not had a service these past four years.

 

[hawk20]

The trouble with most stories is one always wants to hear the other side as well.

How lawyers can take four years and not get the case resolved is beyond me.

 

[robertjrt]

I was not in a hurry to settle on Mercedes-Benz's terms. Meanwhile the replies from MB were illuminating. When I was sent copies of the Disclosure Documents before trial it was quite clear what had happened.

These documents will be the basis of any further Court proceedings, there is an adage; Whatever is said can be disputed, so, get it in writing!

The Mediation which took place at the HO in Milton Keynes was a classic case of physiological intimidation, I really enjoyed that day, I had not had so much fun since I left the Secure Hospital the previous year. My psychiatrist was quite right, I am a man with an eccentric personality. My enforced stay in hospital was due to a large tumor in my scull and medical incompetence, a lethal combination!

I was involved in the motor trade, up to and including Sales Manager, many years ago and my experience then has come in good stead now. Not much seems to have changed except, perhaps, the manufactures have become involved with the selling of cars instead of just making them, why?

I am very conscious of what I post here and have no wish to bring the Forum into disrepute or the threat of legal action, but, to inform the Membership and hopefully, help other Mercedes-Benz owners who become involved with a dispute with MB over a legitimate repair being refused.

 

[teddycatkin]

See your up early for a towny Robert--? its been bright sunny up here in the sticks (South Cheshire) for the past hour or so today.
Does this mean the end of the S500 saga now ?
IF it is sold at £26k then £3k depreciation over 4/5 years is pretty good going --however I doubt whether the car is worth anywhere near that much now?--do let us know if it sells?
All the best Teddy.
p/s -There is an immaculate 2000-S500L on Ebay now 61 k miles for £6,495 in Southampton?

 

[robertjrt]

See your up early for a towny Robert--? its been bright sunny up here in the sticks (South Cheshire) for the past hour or so today.
Does this mean the end of the S500 saga now ?
IF it is sold at £26k then £3k depreciation over 4/5 years is pretty good going --however I doubt whether the car is worth anywhere near that much now?--do let us know if it sells?
All the best Teddy.
p/s -There is an immaculate 2000-S500L on Ebay now 61 k miles for £6,495 in Southampton?

"Does this mean the end of the saga", who knows what's happening in Milton Keynes?

From the posts I have read, it would seem that there is little consistency among the dealerships, pot luck so to speak.

During my long wait, 6 months, for some Cost's money I have found it very therapeutic to compose letters to Mr Kelly, the next one should have an interesting reaction. I have also begun a Diploma course in Law at London University, so my time has been spent constructively. Its quite amazing what you can find and read in a Law library.

I have been studying the Theft Act especially the Conspiracy to Defraud Sections, well worth the read.

It is my ultimate aim to have a legal precedent set in Court so that if a garage lies to you or tries to deceive/ defraud you all you will have to do is quote the trial name and number and if that does not work you then can go to a solicitor where the precedent will expedite your Claim.

If Trading Standards do not have the appetite to take on a major motor manufacture, I will do it for them.

I take great exception to people lying too me, especially if it is a crass lie. I have had a lifetime of experience of people lying too me, I must look gullible.

 

[toby_tobias]

excellent, keep going!

 

[television]

Well it must come to a head at some point, very interesting what info can be found with research.

 

[robertjrt]

The trouble with most stories is one always wants to hear the other side as well.

How lawyers can take four years and not get the case resolved is beyond me.

See; companycardriver.co.uk/news/artical/?art_id412564719

It takes an agreement between both parties to settle. All I wanted was my car back, roadworthy, and not to be financially disadvantaged for something which was not my fault, which I think is reasonable in the circumstances.

 

[keith100]

"The Mediation which took place at the HO in Milton Keynes was a classic case of physiological intimidation"

I can imagine! But why would a Mediator agree to MB offices? Why would you agree? Surely there are independent mediator chambers in the UK?

I've been involved in both Court cases, as an Expert witness, and a mediation, and frankly tension can be much higher in mediation.

I was in one when my daughter was badly injured, and settling an uninsured driver case. The opposing lawyer launched into a very hostile X- exam of my daughter. After a few minutes, I got up, leaned over the table and told the lawyer that one more smart ass remark and he would be feeding through a tube for 6 weeks. (I'm pretty laid back, but you can get very aggressive over your children!) The Mediator suggested that the insurance Co, party move to a different room, and shuttled back and fotrth ajnd gave gave a 100% settlement to us.

This would never have happened in Court, which has a much more detached atmosphere.

OK, personal rant over.

Why don't you just nip in, with a Court order, and distrain MB Chelsea's entire stock? That will get their attention!

 

[Alex M Grieve]

Mediation

Keith100's example was (in the end) how mediation can work, but it is unusual in the UK.

The British psyche is much more likely to "go halves" or "split the difference", rather than adjudicate entirely for one side or the other.

For this reason, some parties start with a ludicrously high claim, hoping that, even when split down the middle, they will make their required target to cover their costs.

Same as buying and selling - buyers start low and hope to sucker the vendor into meeting them half way. Just as it is important to know when to walk away when buying, it is important not to get sucked into a downward spiraling auction when selling. I tend to price cars and then take the view - that is the price, take it or leave it. It works.

 

[hawk20]

See; companycardriver.co.uk/news/artical/?art_id412564719

It takes an agreement between both parties to settle. .

Not if you go to court. They normally decide one way or the other.

Do you have a link to the article?

 

[Rory]

Do you have a link to the article?

http://www.companycardriver.co.uk/news/article/?art_ID=412564719

I love the bit where DC Retail say "it's not our fault" and point the finger at MB UK. Brilliant. :lol:

Is this what Mercedes has come to?

 

[hawk20]

http://www.companycardriver.co.uk/news/article/?art_ID=412564719

I love the bit where DC Retail say "it's not our fault" and point the finger at MB UK. Brilliant. :lol:

Is this what Mercedes has come to?

Not quite fair but then you rarely let the facts spoil your attacks on MB do you?

The electrics were damaged either by the owner, or the recovery people or by the Chelsea dealers. As is so often true in cases like this, it doesn't seem to be possible to prove conclusively who did the damage -or the case would have been resolved long ago.

In an equally difficult case a long time ago, when two mothers said they were the rightful parent of a baby, the judge said cut the baby in half. This case seems no easier to me but the judge chose in favour of the car owner so good for him.

But let's not pretend this was anything other than a very difficult case to prove either way. No reason why the dealer should pay for the customer's damage; equally no reason why the customer should pay for the dealer's damage; and equally no reason why the dealer should pay for the recovery firm's damage (nor why they should pay for his). Tricky, tricky tricky.

 

[Rory]

But let's not pretend this was anything other than a very difficult case to prove either way. No reason why the dealer should pay for the customer's damage; equally no reason why the customer should pay for the dealer's damage; and equally no reason why the dealer should pay for the recovery firm's damage (nor why they should pay for his). Tricky, tricky tricky.

Don't let it worry you - the Judge didn't seem to have any problem sorting it out.


The dealer, the recovery company, the warranty provider, DC Retail, MB UK etc - as far as we, the customer, are concerned, they are all the same organisation. What you really DO NOT want is such a situation is to be fobbed off as one department blames another.

When I take my car for service, I DO NOT want to hear that MB Service Plus won't authorise the work. It's not my issue.

 

[hawk20]

Dealers are often independently owned.
So are many called out on recovery work.