Recall - software update performed, EML on when collected

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They are part of Vertu motors, I had no direct email address for the dealership and my initial booking went through what appears to be their Head office email address, so I emailed them an hour after collection as the service centre was closed by that point and I wanted to put in writing what had taken place ASAP.
 
They are part of Vertu motors, I had no direct email address for the dealership and my initial booking went through what appears to be their Head office email address, so I emailed them an hour after collection as the service centre was closed by that point and I wanted to put in writing what had taken place ASAP.

Your issue is with the dealer who worked on your car. Phone them up and ask for an email address to file a formal complaint.
 
2010
 
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?
The ombudsman won’t be interested until you have given the dealer sufficient opportunities to resolve the matter, ie make them aware, attempt to fix (ideally more than one occasion), formal complaint, etc.
 
The ombudsman won’t be interested until you have given the dealer sufficient opportunities to resolve the matter, ie make them aware, attempt to fix (ideally more than one occasion), formal complaint, etc.

That is indeed correct for all Ombudsman services, i.e. they are the last resort as opposed to first port of call.

That said, I am not aware that there's an Ombudsman service for garages? I know that there's an arbitration service for new car sales, but not for servicing/repairs?
 
That is indeed correct for all Ombudsman services, i.e. they are the last resort as opposed to first port of call.

That said, I am not aware that there's an Ombudsman service for garages? I know that there's an arbitration service for new car sales, but not for servicing/repairs?
 
Well, I just Googled it, and in my defence, it was founded in 2008. Newfangled things! :D
 
The ombudsman won’t be interested until you have given the dealer sufficient opportunities to resolve the matter, ie make them aware, attempt to fix (ideally more than one occasion), formal complaint, etc.
Thanks for the reply.

As I have put this in writing to their Head office (as far as I understand that is a formal complaint?) and refused to pay, if their response is unchanged and they expect me to pay - will the ombudsman be the next step?

The dispute is over who should cover the costs of repair, I cannot see what there is left to discuss if they send a second refusal in writing - we would just be going in circles. Or am I mistaken?

Fortunately they are signed up with the motor ombudsman - first thing I checked.
 
Why haven't you just asked the dealer?

First option should be dealer, then ask for their complaints procedure if no resolution then escalate to Mercedes.

If no suitable resolution you can then ask ombudsman but not right at start.
 
Thanks for the advice.

As I have already emailed their Head office and the Merc recall CS address (as those were the only email address' I had), I will wait for a response from them first as I am sure they are in communication with the dealer.

If it is not positive, I will do as suggested and directly email my complaint to the dealership , I have found an email address for the service manager.
 
The dispute is over who should cover the costs of repair

On a 10 year old diesel (out of interest, what's the mileage?) there are a number of sensors that can fail at any point and trigger the EML and/or limp mode. So until you know for sure what the fault code is there's *some* possibility that the timing is coincidental and it's not actually a consequence of the software update. Are you driving the car in the meantime?
 
It is possible that it is a coincidence as the mileage is over 200k, but I would say highly unlikely given them amount of customers that have had the exact same issue, especially if it turns out to be the NOx sensors.

Issue is that they want £100 to diagnose, I can get a diagnostic test for free from one of my own mechanics, I just don't want to do that until the dealer sends their final response (as codes can be cleared thus muddying the timeline of when the issue first occurred).

I am not driving it at the moment, however cannot just have it sitting there for weeks on end waiting to go through their complaints process.

Also, the second issue is that they handed the car over with the light on - which itself is unsafe practice for a garage to hand over a car that is not roadworthy (according to MOT guidelines).
 
Thanks for the reply.

As I have put this in writing to their Head office (as far as I understand that is a formal complaint?) and refused to pay, if their response is unchanged and they expect me to pay - will the ombudsman be the next step?

The dispute is over who should cover the costs of repair, I cannot see what there is left to discuss if they send a second refusal in writing - we would just be going in circles. Or am I mistaken?

Fortunately they are signed up with the motor ombudsman - first thing I checked.
Personally I would call the dealer and speak to someone. Issues are always best dealt with as close to the source of the issue, or source of the resolution.

Unfortunately going straight to the top of an organisation can have the opposite of the desired effect. A quick chat with the Service Advisor or Manager would be my first/next step.
 
.......

Also, the second issue is that they handed the car over with the light on - which itself is unsafe practice for a garage to hand over a car that is not roadworthy (according to MOT guidelines).

Problem is though the dealer that provided the service cannot confrim this and has not been afforded the opportunity to. I'm still at a complete loss why you drove it away!

Even if you did surely drive it straight back and get them back onto it would be next step?
 
Issue is that they want £100 to diagnose, I can get a diagnostic test for free from one of my own mechanics, I just don't want to do that until the dealer sends their final response (as codes can be cleared thus muddying the timeline of when the issue first occurred).

I am not driving it at the moment, however cannot just have it sitting there for weeks on end waiting to go through their complaints process.

Also, the second issue is that they handed the car over with the light on - which itself is unsafe practice for a garage to hand over a car that is not roadworthy (according to MOT guidelines).

I don't know if you've ever used an MB Approved Used warranty but the deal there is that you are liable for the cost of any diagnostic work if an issue is found to be something that's not covered by the warranty - you have to agree to this up front. Are you sure that's not what is going on here i.e. you'd only have to pay if the fault isn't related to the software upgrade?

I get that this is a matter of principle for you but for £100 I'd pay up (if necessary) to get the car back to a useable state and THEN go through the complaint process if it really was caused by the upgrade and the dealer didn't waive/refund the diagnostic fee. Rather than potentially being without the car for weeks.

IMHO it's going to be tough to pursue the 'unsafe' angle after you voluntarily drove the car home with the EML on. If you'd raised it there and then there's a chance they'd have quickly plugged it in to see what the issue was, but at the very least it would be 100% clear that the issue occurred while they had the car.
 
Problem is though the dealer that provided the service cannot confrim this and has not been afforded the opportunity to. I'm still at a complete loss why you drove it away!

Even if you did surely drive it straight back and get them back onto it would be next step?
I collected at closing time, the car was running, I got in, adjusted the seat, mirrors etc. and moved it as quick as I could as it was blocking the driveway, the light was on but as mentioned previously it took a few moments to realise that it was not on when I dropped it off. I did not expect a simple software update would result in the EML to now be on, if I had taken it in for body damage and not checked the repair job before driving off then that would be a different case.

They didn't even want to take me through the adapter app they had told me to download and told me to come back the next week so I did not see them doing anything about this on the spot.

Putting it in writing within an hour of collecting was the only thing I could think of at that point.

In terms of being able to verify, I thought error codes were date (and time?) stamped and they should be aware of this. I notified them so they have had the opportunity to check, but they want to charge me £100 to do so.
 
I don't know if you've ever used an MB Approved Used warranty but the deal there is that you are liable for the cost of any diagnostic work if an issue is found to be something that's not covered by the warranty - you have to agree to this up front. Are you sure that's not what is going on here i.e. you'd only have to pay if the fault isn't related to the software upgrade?

I get that this is a matter of principle for you but for £100 I'd pay up (if necessary) to get the car back to a useable state and THEN go through the complaint process if it really was caused by the upgrade and the dealer didn't waive/refund the diagnostic fee. Rather than potentially being without the car for weeks.

IMHO it's going to be tough to pursue the 'unsafe' angle after you voluntarily drove the car home with the EML on. If you'd raised it there and then there's a chance they'd have quickly plugged it in to see what the issue was, but at the very least it would be 100% clear that the issue occurred while they had the car.
If it is then they did not state that was the case, this is what they sent:

"I have booked you in for diagnostics £99.00 to be ran at our earliest of" (date, time and service centre details omitted).

The £99 would be just to diagnose, if it is the NOx sensors that's a further £600 or so.

Edit: I would have thought they would have they're own customer charter or equivalent that would prohibit them from releasing a car that's not roadworthy if it did not come in that way?
 
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