Mercedes broke my car and are pointing the finger my way!

[Petermcu]

Hello peoples!

Just got off the phone to MB repair shop who have informed me that whilst accessing the transmission to replace the oil a casing bolt froze resulting in the head shearing off . (Thats no good I thought but at least a new bolt will fix it) He then proceeded to tell me that whilst attempting to remove the broken bolt they broke a peice of the casing around it .

The repair managers view on this is as follows:
- I will need to pay for the additional time to sort out the bolt
- I can decide to either fix it with g-clamp and sealant which will not be an approved MB repair or....
- I can pay for a new gearbox

He stated that the bolt was frozen due to corrossion which he insinuated was grounds to push charges my way?

Legally what is the go with this sort of situation?

Anyone had to go head to head with this sort of thing?

Any of your experiences or opinions will be greatly appreciated.

Many thanks

 

[Satch]

Was this fiasco courtesy of a main dealer, approved MB repairer or just somebody (not all that) handy with spanners??

http://www.theaa.com/motoring_advice/legal-advice/complaints.html

 

[Mudster]

They should have called you the moment the head sheared off for your instructions on how to proceed.

The correct method should be drop the box out and drill it out.

They've taken it upon themselves to solve the problem and have caused a greater problem in doing so.

Ball is in their court I'd say, I wouldn't be paying for anything and would initially be discussing this with the dealer principal with a view of escalating it to Mercedes.

Be very clear about what you say, from this point on communicate in writing or by email only, do not verbally accept or agree anything.

You need to document this from day one should it go further.

Good luck.

 

[evdok]

The car is in there hands so they should be responsible for the vehicle, what do they expect the bolts & screws to look like after years of uk weather? i am 7mls away from them & although they are highly rated, in my books they are your average dealer. They as a dealer will try and make you feel guilty!

At the end of the day the fault was not there when it went in, simple as that.

Who are you dealing with?

 

[fredfloggle]

A skilled engineer will know how far to push a bolt before ripping the head off or damaging a casting - on the other hand a gorilla will rip and go .

I have just paid around £200 to have an airbag changed because the guy couldn't understand the fault finding principle detailed in his very expensive STAR system.

Make them pay for a new casting.

 

[television]

When undoing bolts, say 10mm you know the strength of that bolt and the force that would cause it to shear, if it is tight, then you spray some penetrating oil and do it up again.

OK it broke, so it has to be drilled out starting with a small pilot hole that can be kept on center, then work up in size.

I think that they were ham fisted with little understanding of metal strengths .

They could have only cracked it by using a hammer and punch, but you never do that on the edge of a alli casting

 

[fredfloggle]

Hammer and a punch? More like a bloody Kango.

 

[Sp!ke]

They are definately trying this on. The damage was caused by incompetance. There are many ways of removing a snapped bolt without damaging the casing.

You now need them to provide you with a suitable replacement car while they repair yours to your satisfaction (Which shouldnt include epoxying the casing in place).

If its the gearbox casing they could be looking at a whole new gearbox.

 

[fredfloggle]

When undoing bolts, say 10mm you know the strength of that bolt and the force that would cause it to shear, if it is tight, then you spray some penetrating oil and do it up again.

OK it broke, so it has to be drilled out starting with a small pilot hole that can be kept on center, then work up in size.

I think that they were ham fisted with little understanding of metal strengths .

They could have only cracked it by using a hammer and punch, but you never do that on the edge of a alli casting

Sums it up quite nicely.

 

[recycled]

corrossion is no grounds to push it your way.
They broke it they fix it.
the least they can do legally is to return the car exactly the way you gave it to them.
Corrosion and all.
Reminds me of crooked peugeot dealership. took the gearbox under warranty for them to solve.
they now said they have to replace the clutch as well. I said there is nothing wrong with the clutch.
they said either that way or they will not work on the gearbox alone and since the clutch is a wear and tear item(which has not worn yet by the way) i will have to pay for that.
of cource it was just a coincidence that the price for the new clutch was aprrox equal to the price of sorting out the gearbox

 

[glojo]

What year was the car?
What was the state of the underside?
What instructions did you give them?
What conversations if any took place whilst the car was in their care? Have you given any authorisation for the work?

On an older car bolts will corrode and it is only fair that we must pay the labour to have the bolt removed. The way it was removed is clearly open to debate and with hindsight they were way out of order, but my two penarth is that it all depends on what conversations took place and are these words recorded?

If I pay someone to remove a corroded bolt then if problems developed I would want to know about them before things went wrong.

Did you leave instructions regarding the maximum limits of any involved costs?

do you belong to the any motoring organisation that might be able to offer constructive advice.

I'm interested to hear if this is a main dealer but that is not all that relevant.

Good luck getting this sorted
Regards
John

 

[Petermcu]

Thanks all for the speedy responses.

Recycled - Yes it is an approved dealer - Worcester to be exact.

evdok - Dealing with a bloke with first name starting with 'R' (theres only one)

Having written the post I have spoken with the repair manager again and asked him if I was protected under warranty if the g-clamp and sealent failed and his response was - no.

slightly agitated we continued the conversation to a point at which he said that if I wanted to make a claim against the workmanship they would 'support my corner'?

Now thinking its best to just push for a new gearbox casing at least.

I can't believe that some numpty must have been hanging off this casing bolt which according to the technician should be at 20Nm. Its not that easy to shear the head off a bolt!
I can't see how its anything but mechanic error?

 

[pammy]

slightly agitated we continued the conversation to a point at which he said that if I wanted to make a claim against the workmanship they would 'support my corner'?

So why don't they just fix it at no cost to you then?

 

[fredfloggle]

Thanks all for the speedy responses.

Recycled - Yes it is an approved dealer - Worcester to be exact.

evdok - Dealing with a bloke with first name starting with 'R' (theres only one)

Having written the post I have spoken with the repair manager again and asked him if I was protected under warranty if the g-clamp and sealent failed and his response was - no.

slightly agitated we continued the conversation to a point at which he said that if I wanted to make a claim against the workmanship they would 'support my corner'?

Now thinking its best to just push for a new gearbox casing at least.

I can't believe that some numpty must have been hanging off this casing bolt which according to the technician should be at 20Nm. Its not that easy to shear the head off a bolt!
I can't see how its anything but mechanic error?

Looking at some of them - he probably got confused and turned it the wrong way.

 

[television]

It is a well known fact that if a bolt is tight, then by doing it up a touch, this releases the pressure on the threads and it will unscrew with ease.

Try it on a screw on a door hinge

 

[fredfloggle]

Do you know Malcolm I was going to post that but decided not to on the grounds that people may have got confused with a stud that was already bottomed out .

Another good tip is a couple of good taps with a brass drift .

 

[television]

Do you know Malcolm I was going to post that but decided not to on the grounds that people may have got confused with a stud that was already bottomed out .

Another good tip is a couple of good taps with a brass drift .

This is the difference fred between an engineer and a fitter.

And shock is a super way to undo things, take a tight wheel nut, I seen people wind a wheel brace up by pulling, where as one stamp, its loose

 

[Petermcu]

What year was the car?
What was the state of the underside?
What instructions did you give them?
What conversations if any took place whilst the car was in their care? Have you given any authorisation for the work?

On an older car bolts will corrode and it is only fair that we must pay the labour to have the bolt removed. The way it was removed is clearly open to debate and with hindsight they were way out of order, but my two penarth is that it all depends on what conversations took place and are these words recorded?

If I pay someone to remove a corroded bolt then if problems developed I would want to know about them before things went wrong.

Did you leave instructions regarding the maximum limits of any involved costs?

do you belong to the any motoring organisation that might be able to offer constructive advice.

I'm interested to hear if this is a main dealer but that is not all that relevant.

Good luck getting this sorted
Regards
John

Just read your questions john:
- It's a 2000 C43 estate
- I asked for the transmission fluid and filter to be replaced
- I have had a verbal quote for the work
- I was called after the bolt was broken
- the removal of the bolt was discussed and I concurred that it needed to be removed. No risks were discussed.

I feel a little exposed as I have no paper work however hoping that as its a main dealer they won't try anything funny.

 

[Petermcu]

So why don't they just fix it at no cost to you then?

You read my mind! he makes it sounds like theres a fight to be had although why it involves me....?
Would hate to be in his shoes cause someones probably gonna get a wrap over the knuckles for this.

 

[Colin_b]

MB dealer working on a 7 year old MB. They should know how to deal with a sticky bolt or stud. Worst case it shears off, drilled out, retapped and done.

Unless impact was wrongly applied or the casing is extremely thin at that point - and they should know, I'd hope - then the casing should be undamaged.

Sound possible they let someone armed with strength and a hammer do the job