Legal challenge to Mercedes regarding severe body rust??

[RustingAway]

Hi All,

I hope someone on here can help me a little.

I've got a 2000 W reg mercedes estate e240 elegance. The car runs perfectly. The only problem is it is blighted by rust.

I have pursued these problems first via the dealership (this time last year), then to uk head office, then to international head office in Stuttgart (they diverted me back to uk). I often travel through Stuttgart and when I threatened to go there and show my car to them, uk head office sent a scathing letter telling me not to dare take it there. Unfortunately I didn't get the chance last year, but this year I would like to.

Can anyone on here give me some legal views on this? Their literature is pretty uninformative regarding the details. The uk head office said a body check must be done yearly, often with the service; I asked why mine weren't done (it has and still is serviced every year with MB - owned since 2004), they said I have to specifically request it. If I have to specifically request something and I do not even have the appropriate amount of guidance to do so from the outset, surely these terms and conditions are unenforceable from a legal standpoint?

I'm half tempted to obtain as much info from everyone who has been a loyal customer to MB and had these rust issues (wheel arches, under rubber door seals etc) and take them on!

Any help??

 

[markjay]

This is something strange that I have experienced with both the Merc and other make of cars.

The anti-corrosion warranty does say that the car must be inspected annually and the Service Book specifically has space for signing body inspections. Yes all dealers I have seen so far just sign-off the annual service and NEVER sign the body inspection.

Good luck with your claim.

 

[s88]

Does it also mention rust from the inside?

Makes a difference.

 

[swannymere]

It's 11 years old, is it really that different from any other manufacturer?

 

[Smiley]

I would be equally irritated if I were in your shoes. However at 11 years old the real loss to you is quite small in ££ terms. Assuming the car has done 100k miles then in a used rust free condition its value is somewhere £4 or 5k - very unlikely to be more as it is a large petrol auto. In rusty conditon maybe it is worth £2k tops. So the financial hit is max £3k. If it were mine then I would work out a more scientific "loss in value" and then ask MB to reimburse me for that amount or fix the car at their choice. Then when they dont reply (most likely scenario) just issue a small claims summons and see what they say.