Recall - software update performed, EML on when collected

[MBCF]

Hi all,

New to the forums, apologies if this is in the wrong place.

As title, EML light was not on when it was dropped off. On at collection, have driven it home as I had no other way to get home and it was closing time.

Did not speak to the staff member at the time, have sent an email about an hour after collecting.

I have read that others have had similar issues, any advice as to what my next steps should be - I am not going to pay them to fix or accept a response of coincidence.

Thank you.

 

[markjay]

Welcome.

In the first instance they should erase the fault code and see if it comes back.

Where you might have a problem, is if they diagnose a fault, e.g. failed sensor etc, then insist that it's a coincidence, and that you'll have to pay to fix it.

Either way, start with the dealer and see what they say.

 

[MBCF]

Thanks for the reply.

I assume I will have to take it back in and leave it with them?

There was no option for a courtesy car or update as I wait when I took it in. Even more hassle arranging for a lift back after dropping it off and a lift there to collect.

If after they take a look at it they then want me to pay for a fix, should I refuse, collect the car and then take it up with Head office in writing?

 

[markjay]

Thanks for the reply.

I assume I will have to take it back in and leave it with them?

There was no option for a courtesy car or update as I wait when I took it in. Even more hassle arranging for a lift back after dropping it off and a lift there to collect.

If after they take a look at it they then want me to pay for a fix, should I refuse, collect the car and then take it up with Head office in writing?

Yes you'll need to book the car in and leave it with them.

If they quote for a repair, I wouldn't go ahead with it. This is because you can either kick up a fuss, or alternatively just get the fault fixed for much less at a reputable specialist, but in either case you won't be letting the dealer carry-out a paid repair.

Re contacting MB UK, sadly from other people's experience they don't seem to be much help and will likely just refer you back to the dealer, so it's worth a shot but don't expect too much.

That said, there's a good chance that the dealer will simply erase the fault code and it won't come back, so the 'war plans' above might not be needed.

 

[MBCF]

Finally heard back, they want to charge me for a diagnostics test!

Is it ok to post my response? If so, have I missed anything?

"The EML has turned on as a result of the remedial work carried out in the workshop after a mandatory recall due to it being sold with unacceptable software.

It should never have been returned to me after the light turned on in your care - this was unsafe and is actionable.

Having researched this online I see that this is not an isolated incident, there are many reports of other customers having the same issue after a software update - the NOx sensor being the most common issue.

I will not be paying for a diagnostic or any repair work due to a software update that is clearly not fit for purpose.

Can you escalate this complaint to management and ask them to get back to me as a matter of urgency as to how Mercedes will correct their error, in the meantime I will be consulting my solicitor and the ombudsman."

 

[whitenemesis]

By mentioning you are going to consult with your solicitor and the ombudsman will only put the dealer and MBUK into defence mode and likely to cancel any chance or option of the dealer helping out. Certainly there will be a specified response dictated by the MBUK legal dept
Keep you powder dry and leave the last declaration out of your response. By all means do as you state but don't 'threaten' MB with the action, shutters will come down.

 

[MBCF]

Apologies, should have been clearer, I was asking if it is ok to post the response here - I have already sent the email.

You could be correct, but bearing in mind they handed over the car with the light on, the garage's poor reputation (even amongst other MB dealerships), the fact that they have already told me they will charge just for a diagnostic and reading online of only one person being successful in getting MB to fix at no charge in similar circumstances, I think it's unlikely they would have done anything regardless of what the email said.

Looking at how many people this has happened to online, I am surprised there is no similar class action for this. Does the ombudsman have oversight on this and are their decisions legally binding, also is it worth contacting Watchdog and MSE?

 

[markjay]

I understand that you have already sent the email, but for the benefit of anyone reading this and who find themselves in similar circumstances, I think that your strongest argument is that the EML has come on while in their care, and the onus is therefore on them to prove to you that the fault isn't related to any action they may have taken.

'Attacking' the software update might be countrer productive in these circumstances, because MB are likely to be very resilient to admitting any liability on this front. But claiming that they got it wrong in your particular circumstances will give MB a way to climb down the ladder and offer you some 'goodwill' gesture.

 

[MBCF]

Thanks again for the reply.

I agree, they should have to prove that the fault is not related.

I am going to get in touch with the ombudsman, anyone have any other suggestions whilst I await a response?

Can I drive the car in the interim?

 

[whitenemesis]

Can I drive the car in the interim?

I wouldn't. I don't believe it would cause damage to the car but it may to your case..

 

[KennyN]

If you have MB Breakdown services then call them out telling them you dont feel confident driving the car with a "fault" light on , they should come out read the codes which , if date stamped in the log, should back up your argument against the dealer and at very least point you / garage in the direction where the fault lies - just dont mention the update or the ongoing dispute with the dealer.

They should also be able to tell you if the car is ok to drive , or not.

The third time my CLS threw up an EML it went into limp-home-mode , making it awkward to drive due to the 3k rev limit , but the Mobilo Tech said it was fine to drive to the dealers for repair as it was just a faulty pressure sensor on the inlet manifold.

K

 

[BTB 500]

As title, EML light was not on when it was dropped off. On at collection, have driven it home as I had no other way to get home and it was closing time.

Did not speak to the staff member at the time, have sent an email about an hour after collecting.

Did I read this right, that you drove the car away without mentioning to anyone that the EML light was on?

 

[pmcgsmurf]

Did I read this right, that you drove the car away without mentioning to anyone that the EML light was on?

This is the bit I do not get!

If the EML was on you should not have went anywhere with the car.

 

[BTB 500]

This is the bit I do not get!

If the EML was on you should not have went anywhere with the car.

That was my thinking. Makes it a bit harder to raise the EML as a major concern if you've decided to drive home with it like that. Plus if it wasn't raised at the time there's no record/evidence of the light being on before it left the dealership

 

[MBCF]

Thanks for the replies.

No MB breakdown cover unfortunately.

Upon collection, the service centre was closing to the point that they could not run me through how to use the adapter app on my phone linked to something they had just installed and asked me to come back the following week.

The rep drove the car to the front door and left it running, my immediate priority was to move the car as it was blocking the driveway. As there were no issues when I dropped it off and the rep had just driven it, I was not looking for anything specific. It took me a few moments to register what had happened.

I think that a diagnostics test would show the date/time of the error?

 

[pmcgsmurf]

Are you saying the EML was not on then when you collected it? You only noticed it later.

It's going to be a difficult one now as if the EML was on you should have went right back in and asked them to rectify.

 

[MBCF]

EML light was on, I only realised the severity of the issue (now an automatic MOT fail) a few moments later.

I think errors are logged, which would have been before it was handed over, so as long as I don't have it reset or cleared, it should remain accessible via a diagnostic test? That has been my experience in the past.

 

[markjay]

As far as the car manufacturer is concerned, you can drive the car with EML on. Amber warnings means you can continue and drive the car, red warnings mean don't drive the car.

However, given that EML is now an MOT failure, technically speaking your car is now no longer roadworthy, so strictly speaking shouldn't be driven.

With regards Ombudsman... I am not aware that there is one, I think you can either take it to Trading Standards, or take the car to a specialist who will prepare a detailed report, then take the dealer to small claims court (not MB).

But as always, talking first to a senior person at the dealership and try and reach an amicable solution is always the best first step.

 

[MBCF]

I have not contacted the dealership, emails have been sent to the Mercedes address that booked the service and the CS address on the recall letter.

Should I wait for a second response or contact the dealership directly now? I assume they are aware as Head office booked me in for a diagnostics test, or will be aware once the email above is relayed to them.

 

[pmcgsmurf]

I have not contacted the dealership....

Should really have been your first point of contact.