Important rust news - court victory

[wemorgan]

This is copied from the other MB forum but I hope members here are also interested to read this news

Important rust news court victory - Mercedes-Benz Owners' Forums

I have just won my court case against MB for the repair of the rust on my SLK registered 2001. THE KEY TO THIS VICTORY IS AS FOLLOWS. I had retained the original brochure when I bought the car and the wording in the brochure is very clear It says and i quote"from the first to the thirtieth year Mobilo-life doesn't only carry a guarentee against rusting......." It does not specify what type of rust nor does it refer to a policy. MB effectively warranted their cars against ALL RUST through their brochure. It then says if you want to claim on Mobilo-life the last visit to a garage should not have taken place more than two years previously. I had always had my car serviced by MB up to Aug 2008 so was in the period. The judge though when the MB rep started to argue about the servicing asked them what difference the servicing would make to rust so it is possible I think to get round. I claimed in the small claims court you just go online and claim it costs £60 I GOT ALL MY EXPENSES BACK AS WELL. A VERY GOOD DAY FOR MB OWNERS OF RUSTING CARS Ambrazul

 

[moonloops]

woop woop I guess..

 

[Deleted member 37751]

A rusty Mercedes? You must be joking!
It would bankrupt them if all Vito & Sprinter owners sued....

 

[Howard]

and 210 and CLK owners ....

 

[timk]

Still no good for those who haven't got full MB history though...

 

[Druk]

I'm guessing 2001 SLK brochures have now just leapt in value. :bannana:

 

[st13phil]

Before everyone gets too excited, AFAIK a Small Claims action cannot set precedent. If that is the case then all this victory means is that one owner won a case against MB in one court and that each and every similar case would have to be fought on it's own merits.

 

[gunning]

Mercedes really get up my nose with this! they know they are in the wrong! My old man had a W210 E320 estate, it was ruddy rotten, we kept on at them and we got the run about for 4 to 5 months, people on holiday etc, people out the office, in the end we had £8000 worth of work done and then sold it 3 days later for a w211 estate. Makes it all the more sweater when its done under waranty

 

[rf065]

Before everyone gets too excited, AFAIK a Small Claims action cannot set precedent. If that is the case then all this victory means is that one owner won a case against MB in one court and that each and every similar case would have to be fought on it's own merits.

I think you are correct, only the high court can set a precedent.

Russ

 

[Druk]

Before everyone gets too excited, AFAIK a Small Claims action cannot set precedent. If that is the case then all this victory means is that one owner won a case against MB in one court and that each and every similar case would have to be fought on it's own merits.

Encouraging nonetheless if the 'merits' are the same.

 

[camerafodder]

Before everyone gets too excited, AFAIK a Small Claims action cannot set precedent. If that is the case then all this victory means is that one owner won a case against MB in one court and that each and every similar case would have to be fought on it's own merits.

But you could of course refer to the case when negotiating with Mercedes and I'm sure they would consider their actions carefully before risking another bloody nose.

 

[scottan]

My 2000 c240 has bit of rust popping up in several places. the tailgate was been done under warranty 18mths ago but when i approached them again, they stated the "good will gesture period" has passed. However i have full MB history and the mobilo brochure making the corrosion statements - in light of the above, do you think its worth another go?

 

[blaser24nig]

I would think you have a good case especially as it was repaired under warranty for rust before...

 

[GP801]

Go for it. Nothing to lose other than the small claims court fee.

 

[cazyp]

My 2000 c240 has bit of rust popping up in several places. the tailgate was been done under warranty 18mths ago but when i approached them again, they stated the "good will gesture period" has passed. However i have full MB history and the mobilo brochure making the corrosion statements - in light of the above, do you think its worth another go?

Go for it. Send them a copy of the brochure and mention the small claims case.
Nothing to lose really!

 

[steve333]

Still no good for those who haven't got full MB history though...

Not according to the judge

 

[scottan]

yeah...you're right....nothing to lose....watch this space!

 

[mercedesmart]

Scottan ,

Can I get a copy of the brochure you mention ?

Thanks

Martin

 

[markjay]

I'm guessing 2001 SLK brochures have now just leapt in value. :bannana:

Druk, if you do get one, you could start a business hiring it out....

 

[Horrgakx]

Yeh I want one too, anyone know where to get them?
... except for a 1999 E55 AMG...