AAAAAAHHHHH! Ruddy MB Dealer! Help please!

[mercboiuk]

Some of you may remember my post regarding a warranty repair to my W124's gearbox, by the MB Dealer in Norwich, Robinsons.

http://www.mbclub.co.uk/forums/showthread.php?t=50275

A slight recap for the thread above.

• 2 years ago, MB supplied gearbox fitted by my Merc Specialist
• Went wrong 18 months later, went into Robinsons. Repaired a valve under warranty.
• Problem reappears near the end of the warranty in March/April this year.
• Robinsons have my car 3.5 weeks for the repair. They tell me the car is sorted after stripping the gearbox and replacing parts inside including some "K1" labelled parts (I assume that's to do the 1st gear? ) and the valve chest.

I drive my car from Robinsons to the bodyshop so they can finish their work. A drive through traffic and a distance of 3 miles - I didn't get the chance for a decent personal test.
Half a week on, and I get to take my car for a run from Norwich to my Merc specialist in Loddon (around 10-15 miles) and the gearbox still feels faulty. After a fuming session while in my car - I must have looked mad yelling at myself - I calm down and think i could just be over reacting and being sensitive of anything minor which doesn't feel quite right.
So I ask my specialist to extensively test the vehicle during the two week period they have it - something Robinson claimed they had done prior to the release of my car.
My specialist today confirmed the gearbox is STILL faulty.

When I picked up the vehicle from Robinsons, I was told that if anything further went wrong it would not now be covered by the warranty (it has now run out).

Needless to say I am extremely annoyed by this, and come Tuesday I will be going straight to Robinsons to report the problem is still there.
From speaking to my specialist, I'm under the impression that because the problem is still present, Robinsons SHOULD fix the gearbox under warranty.
Can a legal bod let me know where I stand here, please?

As this will be the 3rd repair attempt, can I push them for a whole knew gearbox with a warranty? Do I contact MB's UK head office?

Any pointers and advice would be most welcome.

Many thanks,

Darren

 

[seymansey]

Surely the repair itself should carry a warranty, so it should continue regardless of whether the original warranty has run out. I've had work done on item like this to similar effect before?

 

[BlackC55]

They should honnour the most recent repair with a 2 year warranty.

 

[mercboiuk]

After checking with Robinsons and my specialist (both proprietors trained and worked with Robinsons for many years), it has been confirmed that any repairs carried out under warranty are only covered by the remainder of that warranty. It's the way Mercedes work, evidently.

But the angle I'm looking at is, could this remaining problem still be linked with the problem last fixed.
ie. that problem was reported within warranty, so it's effectively a continuation of the problem despite now being out of warranty?
I hope that makes sense!

Darren

 

[BlackC55]

You still ahve a case as you complained whithin the warranty period.

 

[Kamisuma]

After checking with Robinsons and my specialist (both proprietors trained and worked with Robinsons for many years), it has been confirmed that any repairs carried out under warranty are only covered by the remainder of that warranty. It's the way Mercedes work, evidently.

But the angle I'm looking at is, could this remaining problem still be linked with the problem last fixed.
ie. that problem was reported within warranty, so it's effectively a continuation of the problem despite now being out of warranty?
I hope that makes sense!

Darren

Speak to trading standards who have an obligation to give you good advice, and take action themselves if necessary. You have nothing to lose by this.

 

[Vlad]

I would take the same line as you.....gearbox was taken into repair whilst under warranty and todate its still faulty, so in effect the book has not yet been closed on the original fault.

If they mess about, take them to the small claims court (cheap to do) and they won't have a foot to stand on when it comes to defending their case.

Outline you complaint in writing, send it recorded delivery to Robinsons ( I suggest to the attention of the Dealer Principal...get his name) and tell them they have 14 working days in which to get back to you with a plan of action on how they intend to rectify the faulty gearbox that they have failed to repair whilst under warranty.

Also find out if Robinsons is part of a larger dealership chain and if it is find out where the head office is, then find the name of the person who looks after customer services for the group and send a copy of the letter to them, again by recorded delivery.

If they fail to get back to you within the time frame, write to them again and advise them that you are going to take them to the small claims court.

 

[mercboiuk]

Thanks for that advice, Vlad.

Re: you're comment about a Robinsons being a group.

Yes they are, based in East Anglia.
5 MB-Dealers, 2 Smart, 1 Seat, 2 Audi, 1 Skoda and 3 VW dealers.....oh and 2 VW Van centres

So would there be a head office for each make, or should it just be one head office for the Robinsons Group?

Darren

 

[Vlad]

I would imagine that there will be one central head office for the group.

 

[petef]

I would take the same line as you.....gearbox was taken into repair whilst under warranty and todate its still faulty, so in effect the book has not yet been closed on the original fault.

If they mess about, take them to the small claims court (cheap to do) and they won't have a foot to stand on when it comes to defending their case.

Outline you complaint in writing, send it recorded delivery to Robinsons ( I suggest to the attention of the Dealer Principal...get his name) and tell them they have 14 working days in which to get back to you with a plan of action on how they intend to rectify the faulty gearbox that they have failed to repair whilst under warranty.

Also find out if Robinsons is part of a larger dealership chain and if it is find out where the head office is, then find the name of the person who looks after customer services for the group and send a copy of the letter to them, again by recorded delivery.

If they fail to get back to you within the time frame, write to them again and advise them that you are going to take them to the small claims court.

Absolutely...but also register you complaint with trading standards.They will give you a reference number and will follow it up if you dont get anywhere. Once you advise the company the you have registered your complaint, and you have a reference they will give in.....We have used this many a time with the smallest of outfits on all sorts of purchases l.... and it always works....!!!

 

[ian4c]

These last few posts offer good advice. I have taken a few to the Small Claims Court. Always sorted once action is confirmed.

Just write to the company, confirm the history, give them a date to respond and confirm they will complete the job. Otherwise you will get the job fixed by another dealer and send them the account. And, if they don't pay you will sue them for the amount + costs in the Small Claims Court.

It would take a hard nosed dealer not to respond in your favour. He would loose anyway.

Ian

 

[Subyland]

Hi Darren,

as someone local I know both Robinsons and the specialist (ex Robinsons!!!) and can perfectly understand your frustation.

As advised, do write for the attention of the Dealer Principal, highlighting the history behind this and any attempted to fix it. Ask confirmation of what exactly they intend to do to fix the gearbox and give them a deadline for both the reply and the work to be carried out.
If you feel that a battle is likely it might pay off to get an independant expert to survey your car and produce a report explaining what the problem is. Do invite the dealer to the inspection so that they are offered the possibility to give their opinion. Then start a legwal claim against the dealer and use the report.

 

[mercboiuk]

Update!!!!

Right, well here we go!

I took the car into Robinsons yesterday, and met their head technician (again!). To be honest, I got this vibe from him which suggested he was unhappy I was back.
Once we got under way he then told me any further repairs to the car would NOT be covered by the warranty. They had replaced all the internal items they could, under the warranty. The next step would be to replace the whole gearbox again - something Robinsons need Mercedes Head Office to authorise.
I then told him in a polite, yet firm manner that as far as I'm concerned any further gearbox repair WILL be covered, as this problem was reported before the warranty expired. To this, he gave no retort.....Did I win?

Well....We had reached a section of road where I had the opportunity to replicate my problem. The shift between 2nd and 3rd gear isn't positive, it's not as seemless as it should be, nor as it was.
He told me that because he hadn't driven it prior to the problem, he had nothing to compare it to. Somewhat of a fair comment I conceeded, however I told him I'd driven nothing but W124s since I passed my test over 5 years ago, and had constantly driven this E320 during my ownership since 2005. So while I understand that it can be difficult to believe the customer in this instance, I reitterated over and over that this is not how it should be.

After telling me he wouldn't necessarily pick up on the change as being faulty, he then went into to telling me why....it could be the overload switch inside the gearbox. OK, fair enough. So what are they going to do about it? I left Robinsons, rather annoyed that it was all still up in the air. The technician said he had to talk with his warranty guy (who wasn't in that day) and get back to me. However i did walk away with the admission from a Robinsons technician that whatever was going on WAS to do with the gearbox.

To keep my specialist in the loop, I ring him a little later that day.
The Robinsons technician had actually been in contact with Autotechnic to discuss my car (I had told Robinsons that Autotechnic had also confirmed that the gearbox wasn't 100% right).
This issue with the overload switch was raised in their discussions.

Now it gets weird, so bear with me.....
Nobody seems to know if this overload switch (which is part of the gearbox) was replaced when the whole gearbox was replaced back in 2006.
The Robinsons guy claims it looks older than the rest of the gearbox parts. The guys at Autotechnic haven't inspected the part to confirm this. So I've just got the Robinsons technician's say-so.
Can anyone on here confirm whether this part would have been replaced along with a whole gearbox?
If it is part of a whole gearbox unit, as supplied by Mercedes then it should be covered by the warranty.
If it is an original part, then it will need to be replaced at my expense. Apparently the part costs around £40 plus fitting, which is pretty straight forward, so I've been told. If this is the case, would it be worth trying to get my money back and claiming this part SHOULD have been replaced back in 2006, with a whole gearbox unit?

While at Robinsons, and in my conversation with Autotechnic, I've been instructed to report the problem to Milton Keynes Head Office.
I have done this about an hour ago, speaking to the warranty department, as instructed. After some deep explanation (and the guy telling me more than once that my car was over 10 years out of warranty ), I get my point across, along with all relavent details. I've been told to expect to hear a plant of action from Mercedes within 48 hours. What should I do if they say no?

One final thing.....a big thank you to all of you who have responded to this thread so far. It's been extremely helpful to let me know there are further avenues I can now take, depending on what Mercedes Head Office now say.
Many thanks again,

Darren

 

[jaymanek]

I would push them to sort it either way... if they really arent playing ball then get the switch replaced and hopefully that will put an end to it...

However i think they should replace the switch FOC for labour at the least..

Its never clear what is included in a g/Box or engine replacement.. if they change the gearbox I would think it would mean the main mechanicals of the box and all other bits would be swapped..

Its like an engine, you wouldnt replace all the starter, alternator etc etc

 

[Vlad]

If you have to stump up £40 for the switch then do it...pushing them to cover this minor cost as well, could just be a step too far....however, in terms of labour I would say that they should stump up for that.

 

[mercboiuk]

It's still not a dead cert that this overload switch is the problem, it's something which needs to be tried (read: pay for replacement). It's just a question of who will do it and who will pay for it.

Before I go there, I will be waiting to hear what Mercedes have to say.
You guys think that's the most logical way to go at the moment?

Darren

 

[Subyland]

The dealer has to cure the problem. They are professionnals (as opposed to you, member of the public) and if you come in and pay for a repair then it should sort the problem out. If it doesn't then you need to go back till such time as it is sorted. Simple as that. If they happen to change parts which are not required well though, they should have got their diagnostic right first.