The police and my complain to them about Mercedes-Benz retail uk

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robertjrt

robertjrt

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I'm still surprised nobody suggested to you the option of paying the bill 'without prejudice', collecting your car and fighting the good fight after that.

As you can imaging there is quite a bit of paperwork, but, here are a few "highlights" in answer to your post, from MB Chelsea;

I have had a further discussion with Mercedes-Benz UK and our legal team and our offer of this goodwill contribution [75% of the bill] towards these costs are both fair and reasonable, no liability is being accepted for the electrical system being incorrectly blown by either Mercedes-Benz or its recovery agent

This goodwill offer will be valid for a period of 10 days from the date of this letter after which we will commence action in accordance with the Torts (Interference of Goods)Act 1977

Well, what would you?

After a further exchange of letters which included MB agreeing to pay the total sum of £6,640 I asked for a warranty on the work done and the reply in a further letter stated;


We do not provide a Warranty on work that has been undertaken as
"Goodwill".

A storage charge of £25 per day will be levied, if the vehicle is not collected within 7 days.

Another letter;

We would remind your client that any repairs not covered by a warranty are the respective vehicle owners own motoring costs, for which DCR (MB UK)
are not obliged to bear.

Remember, MB had the two reports from the recovery company that my car had been driven into their car park one in December 1005 and the other Jan 2006.
 
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Having been involved in far too many Court Cases over the years it never fails to amuse me the general public's perception that English law is somehow black and white.
That if you do X you get Y.
There are many Google Lawyers it seems.

Black and white, more Fifty Shades of Grey!
 
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So - two separate points :

Monies -- I would imagine that you would have all the accumulated costs owed to you documented as you seem to be very thorough in the way you deal with things. Can these costs not be reimbursed to you through a small claims court , if so why have your legal team not tried to do so ???

MB unprofessionalism - You have involved the police to investigate the way MB dealt with your initial issue , some eight years ago. You won the case at court meaning MB were in the wrong and all that MB need to say is that the initial issues have been dealt with internally and the parties involved have been retrained and lessons learnt , I can understand your annoyance and determination to get "justice" and I hope you get the outcome you want, and deserve after such a long drawn out process.

If I may be so bold as to ask , what in your opinion would make it "right" after such a long term.

Kenny


1. I did take MB to the Small Claims Court, what a day! MB had a Barrister and two solicitors and it took all day and the Judge found for MB and awarded £7,500 Costs against me. I did not pay MB, I appealed and am still waiting to hear back from the Court, I think that was January 2010.

2. I only involved the Police in 2010 when I had reached the end of any Civil action. An Order from the Court will do that as if I had breached the Order I would have been liable to imprisonment for up to two years.

3. "What would make it right?" For the Police to investigate my complaint and provide the CPS with the information they asked for would be a start.
 

Carabosse

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This case should not have come to court. The dealer held the car hostage as it were. That gave them an advantage.

The first step should have been to retrieve the vehicle.

Sorry, but I think this unfortunate affair is an object lesson in how NOT to deal with problems with car dealers.
 

lwbnick

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"85.With the ignition switched on and the vehicle start attempted the instrument panel LCD displayed in bright red "ENTRANCE POSITION DO NOT DRIVE"."

That was the easy entry/exit feature which needed a reset through the cluster, other than that and a blown fuse in the Bose amp it all seemed in good order. As I recall, a warrenty check revealed that it had been through every recall going while in their care, so it had earned it's keep.

I sold the car into the "trade" and not to a member of the public.

This is true.
 
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That was the easy entry/exit feature which needed a reset through the cluster, other than that and a blown fuse in the Bose amp it all seemed in good order. As I recall, a warranty check revealed that it had been through every recall going while in their care, so it had earned it's keep.


Well, lets see, after years of litigation, the first time the cars ignition was turned on after it left Mercedes-Benz Chelsea it it reads "ENTRANCE POSITION DO NOT DRIVE" in bright red.

What do I do then?

Take it back to MB for them to "fix it" and address all the other "concerns" in the report or sell it into the trade and walk away? Take it to an Independent who is reliant on MB for their spare parts? Oh yes, I did try them, my custom was "declined".
 
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This case should not have come to court. The dealer held the car hostage as it were. That gave them an advantage.

The first step should have been to retrieve the vehicle.

Sorry, but I think this unfortunate affair is an object lesson in how NOT to deal with problems with car dealers.

You are quite right, it should have never have gone to Court as Mercedes-Benz knew I was not responsible for the damage to the car in the first place.

This is where the Conspiracy to Pervert the Course of Justice complaint comes from, the withholding of evidence by the Defendants; Mercedes-Benz.
 

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Why does Jarndyce v Jarndyce come to mind?
(Apologies to anyone who has already cited this.)
 

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3. For the Police to investigate my complaint and provide the CPS with the information they asked for would be a start.

So what would you deem a "final" satisfactory outcome both financially and from the offending MB dealer, what would make you feel as though all your hard work and grief over the years had been worth it and "justice" has been done ?

There has to be a line drawn under this entire unfortunate situation at some point , so where (for you) would that realistic point be ?

I hope I am not being too nosey , I am just unsure where this thread is heading , as it seems to be all over the place at the moment.

Kenny
 
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So what would you deem a "final" satisfactory outcome both financially and from the offending MB dealer, what would make you feel as though all your hard work and grief over the years had been worth it and "justice" has been done ?

There has to be a line drawn under this entire unfortunate situation at some point , so where (for you) would that realistic point be ?

I hope I am not being too nosey , I am just unsure where this thread is heading , as it seems to be all over the place at the moment.

Kenny
I gave up hope of ever seeing any money from this sad saga years ago so its down to; "righting a wrong".

I shall see how my "publicly" campaign progresses. I have already had some interest from the Consumers Forum who want to help me bring this matter to a wider audience. As I am in my eighth year and am now on my "second wind", unless MB secure a Court Order against me, I shall carry on, after all Mercedes-Benz is an international corporation, there is bound to be interest wherever Mercedes-Benz's are sold.

If you need any advice about complaining about a Police Officer, email me.
 

Carabosse

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Well I guess it's a hobby in your retirement! ;)

I would have introduced mention of the media quite early on in the dispute - and have done so myself in disputes of my own. Works rather well sometimes! ;)
 
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Well I guess it's a hobby in your retirement! ;)

I would have introduced mention of the media quite early on in the dispute - and have done so myself in disputes of my own. Works rather well sometimes! ;)

I shall have to wait and see what happens next, but, I am a very patient man.
 

grober

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Sun Tzu:-

What is essential in war is victory, not prolonged operations.

He who knows when he can fight and when he cannot will be victorious.

the victorious strategist only seeks battle after the victory has been won, whereas he who is destined to defeat first fights and afterwards looks for victory.
 

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Blimey armchair Lawyers, armchair Generals, all we need now is an armchair Doctor.
I can only say I wish it was so simple.
 
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It was all in good order - there's no reason why the mot would have been dodgy.

I have no doubts that it was in "good order", BUT, it is curious that MB wrote to me that my car had passed the MOT, 28 days after the event. Given that MB were very keen to be shot of my car; why wait 28 days?

Coincidentally, and given MB's reputation, it would only be a coincidence, one has 28 days to complain if you think an MOT was "suspect" in any way.

As you know an MOT means "at the time of the test" the vehicle reached the required standard.
 

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