Anyone been in this situation?......

[et0609]

Just wondering if anyone has had any success with this situation…..

Scenario

Car develops noise coming from engine area – car is under warranty.
To replicate noise, drive car for a few miles, stop and park and wait – noise starts 100% of the time.
Car goes to dealer to have this noise investigated – they cannot replicate noise.
Noise continues and car goes back to dealer a further 6 times – each time they cannot replicate.
Dealer is told the component making the noise is the AC compressor and please investigate.
Dealer does not examine AC compressor for faults as it is “Not part of our diagnostic tests”
Car now out of warranty.

Take car to local garage. Tell them above scenario and ask them to investigate.
Local garage replicates noise first time and confirms AC compressor has faulty solenoid valve.
Local garage replaces AC compressor and charges for the part and their time.
Fault now fixed.

Question is this….

Has anyone in a similar situation managed to recover their costs from MB given that the dealer was incapable of finding and fixing the fault while the car was under warranty? They were given all possible information and as much help as possible and told which part was faulty yet despite 6 attempts they didn’t manage to fix the problem.

Any advice from someone who has been in a similar situation would be appreciated.

 

[markjay]

My own experience was a few years back, the Summer Opening / Convenience Closing feature (IR) didn't work, took the car to a local dealer and spoke to the chap in charge, a tech then gave it a quick look and couldn't find what the fault was, the chap said they'll look at it closer when I bring it in for service next time. The car was on flexible ASSYST, so the next service became due just after the warranty expired. In the meantime, I received a letter in the post from MB saying that my local dealer was 'merged' with another dealer a bit further away from me 'to improve the service'. The new dealer said sorry sir, car is now two months out of warranty, we won't be looking at anything unless you pay for diagnostic (or words to that effect).

I think you'll have an uphill struggle on your hands. They'll probably claim that the car was fine when they checked it, and that the AC failed afterwards, etc. Still worth checking with the dealer first, then following it with a letter of complaint to MB UK HQ.

 

[Tonygw]

So many tales of woe from main dealers. Its no wonder they earn a bad reputation.. Its not just Merc dealers though..

 

[tonysmb]

It's becoming quite depressing reading these posts (and not just MB dealers) where the stock response is 'nothing showing on diagnostic' or 'not part of diagnostics'. The simple basics of fault-finding seem to be going out of the window, with some people/companies becoming totally reliant on the computer.

As for the OP, I guess it might depend on the amount (£) involved and whether you feel it worth putting in the time and effort; on a point of principle, I would probably follow it up but would not be getting my hopes up. Can you prove that you stated that the ac. condenser was at fault, ie is it recorded anywhere, email, or job sheet. If not, one word against another. Poor show, though.

 

[et0609]

Luckily I had sent a number of emails to the service manager at the dealership specifically stating what part the noise was coming from and on one occasion spoke to the diagnostics technician and pointed to the faulty part, yet they didnt attempt to even check it. I will try to get the money back but wont hold my breath.

 

[Nat]

I'll echo on what some of the other guys have said about MDs. They really don't make life easier for themselves and encourage repeat business with this kind of "we know better than, so bog off" approach to customers.

The main problem you have, is you have no evidence to know if they did or did not check it. You'll have the receipt for the parts/labour where the part with labour was changed from the other garage. The MD just need to sit on there hands and say "Nope, it was fine when we checked it and we checked it on x, y and z dates" so the burden of proof is on you to prove it. How much did it end up costing? Is it worth the hassle? If it was me then I'd take it further but some people aren't wired like me

Merc and BMW used to have one of the best reputations for customer services some years ago. Sadly neither or most give a 5hit nowadays.

 

[et0609]

I will pursue it and be a thorn in their side until one of us gives in. It cost me approx £600 to get fixed but theres also the travelling costs up and down the road to the dealer and my time, the dealer is 100 miles away. Coincidentally, MB customer services called me today (I had previously complained to them a couple of months ago) and told me that the dealer will only physically check components if a "fault code shows up on the diagnostic system", so of the 100's of parts that dont throw up a fault code, they would never be checked under any circumstances? seems ludicrous to me. Anyway, the service manager admitted to me that they never checked the AC compressor for full function so I will keep hassling them.

 

[Rory]

I'm quite surprised they looked at the car multiple times - these days dealers want you pay a diagnostic charge which is refundable if they find work chargeable to warranty.

Doubt it'd be worth pursuing MB - they'll say "nothing to do with is, guv". So you'd have to do it with the dealer. If you never intend to darken their door again it'd be an experience trying a MoneyClaimOnline case against them (after going through the dealers's usual complaint process first, of course).

 

[CoopsSA]

These days it appears that modern dealers (and as such modern cars) they simply have to plug a 'puter in and it tells them where the fault is. Time is managed down to the minute, with set timings for everything. IF the 'puter says no, then it's a no.

I think the days of old where a technician would actually look at a problem, seek to diagnose it and solve it are long gone. Progress eh!

 

[markjay]

When did you buy the car, from whom, and what 'warranty' does it have?

 

[E55BOF]

How much of the repair cost, if any, would actually have been covered under the warranty? If it's financially worthwhile, I rather think you would succeed in a Money Claim online case. The claim will be decided on the civil standard of proof (balance of probability), and if you can show (via the emails) that you informed the dealer of the nature of the fault, they did not repair it, and soon after the warranty expired you had the fault repaired at your own expense, I very much doubt you would lose the claim.

Alternatively, of course, if the fault occurred within six months of purchase of the car, the vendor has to show that the fault was present when the car was sold, or your legal rights are under the Consumer Rights Act 2015, and the warranty was in addition to that. For those six months warranties do not protect the buyer, they protect the dealer, but it is often much easier to obtain a settlement from a warranty company than from a vendor who digs in his/their heels and does their best to avoid their legal responsibility.

 

[MrGreedy]

Coincidentally, MB customer services called me today (I had previously complained to them a couple of months ago) and told me that the dealer will only physically check components if a "fault code shows up on the diagnostic system"

I could imagine that does apply for 'fault finding' looking for hidden faults during a service with no specific issues raised by the customer. They don't have time to crawl over the car and see if they can find something broken.
However, that has to be rubbish made up on the spot if you take the car in pointing to a specific fault. Unless the fool who advised you incorrectly applied the first scenario to your visit where you have specifically asked a component to be checked.
By their logic, if you go in with a flat tyre but the car doesn't have TPMS, what, they don't change the tyre? Or if the 'fault code' doesn't appear for new windscreen wipers, do they not change them if you have asked them to look at windscreen wipers. It's clearly a ridiculous and untrue statement.

I agree with Nat and E55BOF.
I'd send a recorded letter to the dealer and send a scanned copy to MB customer services saying you expect them to cover your £600 (which has to be at least £1,000 than if the work was to be charged to you by Mercedes), and I would put in a very reasonable charge for your lost time/fuel. Nothing objectionable.
I'd give them 2 weeks to pay, or you will take it further.
Send them a final letter by recorded post another 2 weeks later.
Then lodge via money claim online.

 

[et0609]

Car was bought in Aug 20 from MB Huddersfield with an approved used warranty. But as it was bought during the pandemic I had it delivered.
I received an offer of goodwill today from MB UK rather than the dealer who worked on the car. £180 in vouchers to spend at MB or John Lewis, both of which are useless to me as I dont need anything from either of them. The dealer will only offer goodwill if I produce receipts for my costs. These being time off my work and fuel. This is fair enough except I cannot produce a receipt for fuel used when there was already fuel in the car when I took it to them each time. Ridiculous. The points regarding the diagnostic tests are completely valid, as I explained to MB why should I have to prove that a part has failed just because their tests do not identify a fault. That does not mean that part is not faulty.
I am quite confident that I have a case, as I have correspondance stating that I suggested the AC compressor was the source of the fault, confirmation from my local garage that the part was indeed faulty and an email from the service manager confirming the AC compressor was not checked or tested. Will compose a letter tonight and start the ball rolling.

 

[MrGreedy]

They'll be asking fir receipts as they will probably be looking for some VAT or other tax advantage. Can you not fill up now and chuck a sensible fuel receipt in?

It's not suitable for lost time generally, although I'd say if the dealer is among way away and you've clearly had to take time off work, I'd print copies (or PDF) from your holiday booking system, and sign it as true and accurate and lob it over and let them decide if it's not enough proof.

 

[et0609]

UPDATE
Following my email to the dealer regarding this, I received a cheque in the post about a week later reimbursing the full cost of the part, fitting and some compensation. I have to say that I was not expecting them to roll over so easily. It seems that sometimes its worth complaining to the bitter end.