Now called the Consumer Rights Act 2015
C43 engine failure
- Thread starter Booyakajon
- Start date
RogerSausage
Active Member
Is this the one that was at Stockport? If not then there's definitely more than one.
*not my pic
*not my pic
SpikyMikey
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Ouch
Teego
MB Enthusiast
My pic. Taken on our Private Lounge visit 3 weeks ago to MB Stockport. C43. Mega damage. Bent rods and crank. Workshop not staffed on Sunday so couldn't ask about it.
OP
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Booyakajon
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Our car is at Stockport. I would hope that there's not more than 1 knackered C43 there so I guess that's our car. How come you managed to get a photo of the damage? We still haven't had the engineer's report yet!
Teego
MB Enthusiast
We were on a workshop tour. The car was on a lift and the engine and gearbox out on a trolley.
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Booyakajon
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It's great they took you on a workshop tour, but how did they reconcile a shagged engine in a relatively new car? did anyone question it?
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As I understand it Small Claims are no more; the equivalent is the Money Claim service, and claims are decided by a professional (usually a solicitor), not magistrates.
sgregory124
MB Enthusiast
Nobody asked as I remember - but incidentally there were a number of other models with engines out, with severely damaged wiring looms (rats apparently).
Teego
MB Enthusiast
Several of us queried it amongst ourselves but there were no workshop staff around on a Sunday afternoon to talk to. Anyway, a correctly serviced engine doesn't go pop at that mileage without some serious abuse. Component failure or oil starvation is my guess.
Petrol Pete
Hardcore MB Enthusiast
It's taking up one of their ramps !!?? Tell them to push it around the back of the building , lock it and wait for a letter from your solicitor.
Buddy, it's the County Court where you can make application for a civil claim not magistrates. The case will be heard before a District Judge, Deputy District Judge or a Circuit Judge. You can make a money claim application online, and serve your bundle of documents to any Court of you choice where you wish the case to be heard, although the Defendant can have the case transfered to a Court closer to them, generally both parties need to be prepared to travel. A good solicitors firm can help you see through the application and represent you at Court. The application is easy, it's the witness statement your solicitors need to get right along with gathering the evidence, engineers report etc
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I'm running a money claim, initially online, then transferred to my nearest CC (Reading). It is less than £10k, though, and the process for such small claims is intended to be relatively informal and inexpensive. If you engage a solicitor, the cost of that will be down to you; if you win, you cannot claim it from the other side.
Anything over £10K, and you will have to make it a full County Court claim, and will be able to claim for costs if you win.
Anything over £10K, and you will have to make it a full County Court claim, and will be able to claim for costs if you win.
Your wrong here buddy, if the claimant wins, you can ask for court costs. Obviously the Defendant has the right to object but it would the Judge to decide. I mainly deal with possesion claims, cover housing law and commercial rent. Also do claims for disrepair.
MrGreedy
MB Enthusiast
Also, don't forget the pricing strategy of many dealers regardless of brand. Charge 4x cost, so that when you are offered a 50% discount and you feel you are 'getting a good deal' they are still charging double their cost and making a tidy profit.
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Thanks for that; I didn't know that there was a chance of claiming legal costs, though I was thinking specifically of legal representation at the hearing. It makes sense, though, because there must be plenty of people who simply could not manage a claim on their own, but are still entitled to justice. Under the Small Claims process which MCOL replaced, a successful claimant would normally expect costs awarded, if any, to be limited to court fees and expenses; the idea was to make it quick and simple, not needing legal representation.
Last edited:
Behindthebins
Member
From the outside you definitely have a case legally, a car from any manufacturer should be able to cover that mileage for that length of time
Unfortunately you’re the little man against the big corporation. Don’t know if this has already been suggested but have you any legal cover with any insurance policy?
Not a perfect suggestion but if you agreed to buy a new/used car would the dealership give you full value px of your non runner, with MB UK helping out, typically they like to ‘compensate’ where it doesn’t actual cost them anything.
An ombudsman, from experience, typically don’t side with the consumer as long as protocol has been followed and they just shrug their shoulders.
You are totally in the right but any court case would need professional testimony from an engineer etc
Good luck
Unfortunately you’re the little man against the big corporation. Don’t know if this has already been suggested but have you any legal cover with any insurance policy?
Not a perfect suggestion but if you agreed to buy a new/used car would the dealership give you full value px of your non runner, with MB UK helping out, typically they like to ‘compensate’ where it doesn’t actual cost them anything.
An ombudsman, from experience, typically don’t side with the consumer as long as protocol has been followed and they just shrug their shoulders.
You are totally in the right but any court case would need professional testimony from an engineer etc
Good luck
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The ECU should have stored engine parameters upto the point of failure, engine speed, road speed, gear selected, coolant temperature, oil temperature (possibly oil level) amongst many others.
I would be asking for a download of these as evidence that the engine was not being abused prior to the failure.
Behindthebins
Member
Yep
But means nothing in the legal system without being professionally explained by an ‘expert’ with a formal qualification in the relevant field. A judge/magistrate/solicitor would have no idea of what data like that meant without an opinion from an expert witness, it’s not fair but that’s the legal system
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Agreed but possession of the data stops MB claiming abuse as you are able to have it independently assessed.
