Recall - software update performed, EML on when collected

[MBCF]

Hi all,

New to the forums, apologies if this is in the wrong place.

As title, EML light was not on when it was dropped off. On at collection, have driven it home as I had no other way to get home and it was closing time.

Did not speak to the staff member at the time, have sent an email about an hour after collecting.

I have read that others have had similar issues, any advice as to what my next steps should be - I am not going to pay them to fix or accept a response of coincidence.

Thank you.

 

[robin.large]

Exactly as you say. Any MB dealer worth their salt would have (should have) prepared a condition report / health check when they took the car in. If any problems then ask to see that report.

The dealer should fix this by first running a scan to determine the source of the problem.

Only then can you discuss any liability

Sent from my ONEPLUS A5010 using Tapatalk

 

[Botus]

info on the update would help...

I'm guessing.... its a tractor you got the legal emission update and now the NOX sensor issue has bitten ?
its really rather pathetic. Merc know they need to fit 2 new nox sensors before applying the update they are fitting... or the workshop will be busier and reception will be full of angry owners....

https://forums.mercedesclub.org.uk/...s-after-nox-recall.184145/page-4#post-1854967

 

[MBCF]

Spot on, I will raise this with them once they respond to the email.

I did get a phone call to let me know when it will be ready and that my tyres were in good condition as they performed a visual health check. No mention of EML on the paperwork they handed me on collection.

 

[MBCF]

"Service enhancement carried out
Update engine control unit software"

SRPC2025

Let me know if you need further details.

Thank you.

 

[Botus]

its outrageous.... the whole point about the EML light is to inform the user that there is something wrong with the engine management and the emissions and or engine damage may result.

It comes on to inform the driver STOP driving the car and get it to a main dealer to resolve the issue before any / all of these:

it gets very expensive
its unsafe to use on public roads
you are killing the planet

 

[MBCF]

It was started and driven to the door of the service centre by a member of staff - should the keys have even been given back to me if the light was on?

 

[FiveAlive]

I once had a similar situation when my car at the time went in for new injectors during the piezo injector fiasco. I went to collect it just before closing time, the EML was on and so I marched straight back in and told the service manager who had been dealing with me. He looked surprised, took the car for a quick drive to see if it would go away, and then sorted out a courtesy car for me - one of the other members of staff suddenly found themselves without a set of wheels for the evening.

The next evening the car was ready again so I returned the courtesy car and got into mine... and the EML was on again. So again the service agent grabbed the keys for the courtesy car from the staff member who had expected to be getting 'their' car back.

It took a week to resolve in the end, and like you I wonder how the car got as far as being given back without anyone noting or caring about the EML.

 

[sonic]

Have I got this right, you drove the car away from the dealership with the EML light on?

 

[MBCF]

Yes, EML light was on.

As I didn't reject it on the spot, only thing I could do was send an email an hour after collecting.

Concerned this could be an issue.

 

[Tony Dyson]

What colour was the EML light Amber or Red?

 

[MBCF]

Although, the date and time of the EML coming on should be accessible when running a diagnostics test. It was turned on, I was handed the keys, drove straight home and turned it off. It has not been turned on again.

EML light is amber.

 

[Tony Dyson]

It is my understanding you can drive on an Amber EML but get it seen to at the earliest, a red EML light you should turn the engine off immediately.

 

[sonic]

Yes, EML light was on.

As I didn't reject it on the spot, only thing I could do was send an email an hour after collecting.

Concerned this could be an issue.

I wouldn't have left the dealer with the light on, you have just had a service & the light is on! I would have told the to sort it or find me a loan car.

 

[Botus]

should the keys have even been given back to me if the light was on?

no, they should never do that, it ought to be illegal.

the EML can't go off on its own, and you probably don't have the tools, experience, parts, or time to investigate what's wrong and resolve correctly... As they were instructed by law to recall and modify the car to ensure it complies with its homologated emission standards (thus making it legal to drive on UK roads). It must be their responsibility to undertake such work satisfactorily.

its just crazy behaviour from the garage

I guess they hope the light is not on at handover, then pretend its just an unrelated incident, that you end up paying to fix. I do not think any seriously concerning faults really exist that will damage the car and or make it drive dangerously, but of course there must be a fault or the light wouldn't be on. So I expect its just the emissions that remain incorrect.

The issue you have now, is due to earlier unresolved faults the car was built with. They have been secretly trying to resolve a small hardware fault in emissions sensors for other reasons, for many years (NOX sensors). The original cheap sensors do not work reliably and two later versions exists. One) a small improvement over the junk it had, but still defective. Two) The current version of the sensor (but it operates differently requiring vastly different software). I guess when the emission fix update was written, Mercedes Germany didn't realise there are still lots of cars with the old faulty NOX sensors so the emission fix was written incorporating two features, the NOX sensor new way of working and the emission fiddle resolution... but that later engine management software only works correctly in conjunction with the later NOX sensors.

 

[MBCF]

Finally heard back, they want to charge me for a diagnostics test!

Is it ok to post my response? If so, have I missed anything?

"The EML has turned on as a result of the remedial work carried out in the workshop after a mandatory recall due to it being sold with unacceptable software.
It should never have been returned to me after the light turned on in your care - this was unsafe and is actionable.
Having researched this online I see that this is not an isolated incident, there are many reports of other customers having the same issue after a software update - the NOx sensor being the most common issue.
I will not be paying for a diagnostic or any repair work due to a software update that is clearly not fit for purpose.
Can you escalate this complaint to management and ask them to get back to me as a matter of urgency as to how Mercedes will correct their error, in the meantime I will be consulting my solicitor and the ombudsman."

 

[malcolm E53 AMG]

This really is bad form on the part of the dealer/MBUK as you say the car should not have been released for use with the EML fault. I would be inclined to demand a courtesy car while the situation is resolved.

 

[Botus]

I would get on to Merc above the dealership - at least to get on record they gave back a faulty car - and are thus a bunch of incompetent untrustworthy charlatans. And that's not what you expect from an authorised and franchised dealership. And as you have no faith in their workmanship or integrity, what do Merc UK suggest to resolve the problem they have caused

name the dealership here at least it will show intent that you aren't one of the muppets prepared to get stitched up - dealers themselves are never excited to see their names dragged up... it tends to get a severe rap on the knuckles… little else worries them. One customer with a light on, is less of a problem than the cold cup of tea on their desk...

As far as I can determine.... it came with illegal software, that was knowingly outside the standards for the market it was supposed to have been homologated for. The incompetent dealership in undertaking on Mercedes' behalf its legal obligations mandated by the EU to make the car meet these standards has applied software which is incompatible with the NOX sensors fitted. I would ask the question why they are not taking their legal responsibilities appropriately and resolving all the defects they supplied the car with (including poor quality components and illegal software).

 

[MBCF]

I have not contacted the dealership, emails have been sent to the Mercedes address that booked the service and the CS address on the recall letter. The first email was sent around an hour after collecting the car. I know it is not a main dealer, I'm guessing franchisee is the next level below?

I am going to get in touch with the ombudsman, anyone have any other suggestions whilst I await a response?

 

[ajlsl600]

Benz and dealer updates.nox sensors what a fiasco..!!!!!!!!
I must connect up my star and try to see if my nox sensors are the origional or updated.will that be an easy find ??
Frankly I start to think I have bought a motor,ml250,nice to drive, thats intended to chain me and my cc to mb service depts ?