GLE 3l d engine seizure

[st13phil]

In short I expect to be put back in the position I would have been in should they have fixed the car a year ago.

AIUI, that is the correct fundamental objective, but how you go about quantifying the difference between where you are and where you would have been without the initial catastrophic engine failure is going to be critical. For example, if you claim for something that is clearly unreasonable it makes it easier for the other side to argue that the whole claim is unreasonable.

I honestly think you should take professional legal advice on this one rather than "some bloke on t'internet".

 

[Spider10]

I might be wrong here but if you win at a small claims court are they then allowed to pay you the set amount in instalments over a lenth of time which you probably won't even notice (for eg £10 per week for year's?) That is an extreme eg but you get my drift

 

[DSM10000]

I might be wrong here but if you win at a small claims court are they then allowed to pay you the set amount in instalments over a lenth of time which you probably won't even notice (for eg £10 per week for year's?) That is an extreme eg but you get my drift

Not if you get a judgment against a multi national company

 

[Bobby Dazzler]

Thanks everyone! A quick one as I now move forward. I want the difference in finance between an A class and a GLE coupe refunding to me. 15 months worth. Does anyone think this is even possibly in a small claims court? I have no idea where I stand legally as it was the dealership that gave me the courtesy car not MBUK but it would be MBUK I’d be suing. I also might have to sue for anything that has deteriorated on the car since being in their garage as it shouldn’t have been that long. In short I expect to be put back in the position I would have been in should they have fixed the car a year ago. The ombudsman has only awarded me a new engine and costs of investigations. I would be claiming for around £9600 through small claims. Do we think this is possible?

As suggested professional legal advice would be the best course of action, but of course carries the risk that you end up bearing that cost it the verdict does not find in your favour. I would suggest an initial consultation with a couple of well regarded solicitors before doing anything.

If you decide to pursue it through the small claims court then remember that the resolution of disputes comes down to being reasonable. I would always take a cautious view, avoiding any potential that the other party could claim that you’re being unreasonable and undermining your case.

Claiming the difference in cost between the car you financed and the equivalent finance cost for the car you used (for the specific period) seems reasonable in principle, but the finance cost that you base it on will be key to that as It will be difficult to actually find an equivalent cost.

A proportional cost based upon the relative values of the two cars might be an option. Document your sources and assumptions (avoid assumptions if possible, stick to facts, but some assumptions may be inevitable), and ensure that the calculations underpinning your claim are clear, explained and transparent.

Check with the small claims court website to confirm, but a claim of around £10k sounds like it would be permissible through the online process. When you enter the information as part of a potential claim the website should tell you whether your claim meets the criteria of small claims court.

I’ll finish as I started and suggest a few initial consultations with solicitors before deciding how best to proceed. Good luck whatever you choose to do

 

[Bobby Dazzler]

I might be wrong here but if you win at a small claims court are they then allowed to pay you the set amount in instalments over a lenth of time which you probably won't even notice (for eg £10 per week for year's?) That is an extreme eg but you get my drift

If the case was against an unemployed 16 year old then probably, but not against a company of this size, especially ones with fully stocked legal teams dealing with such disputes.

 

[markjay]

... have no idea where I stand legally as it was the dealership that gave me the courtesy car not MBUK but it would be MBUK I’d be suing...

The advice I received in the past was that in such circumstances you should sue all possible parties at the same time, and let the judge decide which of the defendants is liable for what - but, as others said, get professional advice before acting on anything you read here.

 

[merc estate]

Yes i think Markjay is right, i remember listening to a radio show once about suing people you have to include them all otherwise the ones you are suing will blame the others and you have not got them in court and will loose, get professional advice you don't want to slip up after getting this far. If you have legal on your insurance you may get some advice there. Good luck keep us posted

 

[Itsmeself]

Hi did you find out the root cause was. My 2019 Gle coupe has done exactly the same. No warning or nothing it just died on the motorway.

 

[philnewmerc]

I'm intrigued if this has an update?

Btw the party you'd sue is the supplying dealer as your sale 'contract' is with them, and maybe MB if you think your warranty 'contract' has been broken by them. Get legal advice, sometimes your car or house insurance policy will have legal cover for things like this

 

[BTB 500]

Hi did you find out the root cause was.

I'm intrigued if this has an update?

The OP hasn't accessed the forum since March, so we may never know ...