Rust and Goodwill - what are my options?

[mkcheznous]

I very recently bought an 2 owner e class estate, with full Merc Service History and no bodywork repair history. The first owner of the car was Mercedes themselves and I have all the paperwork. It is a late 2006 facelift model.

When I bought it I was blown away by the general condition of the car, the total provenance and the genuineness of the owner and foolishly did not notice a spot of rust on the tailgate under the number plate and some more on the insides of the rear wheel arches.

I have taken it to a MB dealer under instructions from MB HQ to have it assessed and they agreed to put in a claim for the tailgate - though the dealer said it was unlikely to be accepted as I had only owned the car for a week or so. I have yet to hear back on this - will call them tomorrow or Monday.
However, the dealer would not put in a claim for the wheel arches saying it was clearly stone chip damage. He was so firm on this - I was too shocked to object.

Having thought this through it leaves me a littled baffled.
I would have thought it irrelevant how long I have owned the car as long as everything has been carried out previously by Mercedes. I have reported the rust issue in good faith - why would it be in their interests for me to have either waited six months when the rust could be worse ? If they turn me down for this reason - do I just wait six months and try again or fight it now?

With regard to the wheel arch rust I have read on various forums of some people having this repaired by Mercedes and some rejected. Surely with so many of these arches going, it cannot be down to stone chipping. My 1997 Saab with 147,000 on the clock had no problem with its wheel arches. The dealer point blank refused to even consider making a claim - what are my options ?

Thanks in advance

 

[Doodle]

You've shot your bolt slightly by going after only a week to be honest, it'll be hard to play the "I'm disappointed" card whereas a few months down the line it would easily fly. Looking at it from the flipside, it could be viewed that you've knowingly bought a rusty car and expect MB to fix it up for you. There's nothing in it for them (I'm guessing no prior relationship?) and unfortunately that's what goodwill is based on to a certain extent.

The problem is this is now on record, and that may well prejudice any future claims.

In an ideal world, customer service would see this all wrapped up and sorted for you, but sadly there are beancounters to be kept happy.

 

[mkcheznous]

Doodle - I see what you are saying but do not agree.
As I said above - I was trying to be fair - I could have left it six months or more but that would likely have cost them more to repair.
The other thing is the car has an impeccable service history - it could not be better really being an ex Mercedes company car. All service and warranty (non bodywork related) items have been done by Mercedes themselves. Surely the goodwill should relate to the car and how it has been looked after, rather than the owner?
Of course I will have to decide whether to continue using MB in future to look after the car - something I was planning to do because of its existing history - so MB do have "something" to gain - other than protecting their reputation.

 

[brucemillar]

This will all come down to how Daimler Chrysler decide to interpret their warranty that they wrote. Consideration will be given to, what day is it today, how was your wife's weekend, did you go down the pub last night and who was there with you.

Once this has been resolved (can take several months) somebody may decide to call you. If at that point they think your rust claim is hilarious enough they may add you to the list of hilarious rust claims that they distribute around the office party.

The big question that you will have to answer is: Has the car been driven on the road at any point since it left the showroom? If the answer to that is yes you are doomed.

The forum is populated with those who have tried and failed to convince Mercedes Benz that they they though that the 30 year no rust warranty actually meant 30 year no rust warranty. I believe that there is a case being filed in the US by multiple owners who have watched as their pride and joy disintegrated in front of their eyes.

Good luck.

I wish you well in your quest. Please keep us updated.

 

[Doodle]

The fact that you don't agree is not surprising

I absolutely agree with the points you are making, and in an ideal world they would hold true but unfortunately the reality of the situation may be less than the ideal.

While the rust may have been worse in 6 months time, it would be easier to show one's disappointment at this "unforseen development", which appeals better to the sense of goodwill. At the moment you have a car which to all intents and purposes you have bought knowing it was rusty.

Yes, the car's history will help (you'd have stood even less chance without full history), but goodwill is about people and personal relationships. From MB's perspective, you have no prior relationship from the sounds of things, and given that your average 211 of that age will be heading elsewhere for it's servicing work it's not surprising they don't envisage much of a future relationship. As a buyer of a 7yo 211 you're not projecting the expected image of their customer base for vehicle purchases (new or used) either.

 

[mkcheznous]

Fair points Doodle but can I point out it is not 7 years old but exactly 6.5 years. We would not want to hurt its feelings would we?
Bruce - thanks for the encouragement.
I have read enough to know it will likely be an uphill struggle but I am going to give it a go.
Any views on the attitude of the dealer to the wheel arches compared to the tailgate?

 

[Doodle]

Fair points Doodle but can I point out it is not 7 years old but exactly 6.5 years. We would not want to hurt its feelings would we?

And that speaks volumes for the gap between expectation and reality. Best of luck.

 

[brucemillar]

Fair points Doodle but can I point out it is not 7 years old but exactly 6.5 years. We would not want to hurt its feelings would we?
Bruce - thanks for the encouragement.
I have read enough to know it will likely be an uphill struggle but I am going to give it a go.
Any views on the attitude of the dealer to the wheel arches compared to the tailgate?

I wish you well. I do genuinely believe that it can/will hinge on who you get through to on the day.

I believe (could be wrong) that Dieselman on here has posted some good stuff on what MB think is valid regarding how the rust eminates etc.

 

[b1g1an]

Even if you did buy the car knowing it was rusty it is totally irrelevant if the corrosion is the type covered by the warranty.

If it is stonechip damage, which isn't covered, then that is where goodwill comes in but that would be between you and the dealer you bought it from as any stone chip damage should be treated immediately to stop it from turning into anything nasty...as you would if you saw a lump out of the bonnet that went down to the metal...and therefore should never be anything to claim for. Not as easy as it sounds especially somewhere not in full view but c'est la vie.

If you don't think it's stone chips don't give up and go back to MB HQ and tell them you're not impressed by the dealers reaction and surely it is their job not the dealers to decide if it's a valid claim or not.

Personally I'm not impressed with the wheelarch lip protection on MBs...because there isn't any! My V70 had the liners cover the lip of the arch and the 1er BM has the spray on stone chip protection under the paint.

 

[sinewave]

Wouldn't even waste my valuable time conversing with an MB Dealer on this.

My E320 had rust in exactly the same spots.

Took it to my local Bodyshop who fixed it all up shinny and new for £100 cash.

 

[BTB 500]

I very recently bought an 2 owner e class estate, with full Merc Service History and no bodywork repair history.

Of course that doesn't prove it hasn't had any bodywork done.

Basically even if you get a partial goodwill payment (unlikely after owning the car such a short time) your contribution is likely to be more than taking it to a good independent bodyshop and paying the full bill there.

But nothing to lose by asking - hope you get a good result.

 

[alabbasi]

Call Mercedes Benz corporate and argue it out with them. If you can get them on side, they'll call the dealer and tell them to do the work.

 

[crockers]

Let's look at this from the other side.

You've bought a car which has rust. MB don't know you from Adam.

So - hypothetically talking - you could have negotiated a good price because of the rust, get MB to fix it free for you, and then sell it at a profit.

Not saying you will - but can you see why they stick to the 6 months of ownership rule?

 

[GordonTarling]

MB have really hardened to any rust claims recently. IMHO, the best bet is to try and get the tailgate replaced/repaired by MB and then find a GOOD bodyshop that'll deal with the arches properly and pay for that yourself.

 

[mkcheznous]

Crockers - I agree with you - they do not know me from Adam but they know the car - they have looked after it all its life.
BTB 500 - the dealer following the inspection verbally confirmed to me that it was a clean car with no bodywork done by ANYBODY.

 

[Doodle]

MK, you're really not getting this, are you? Goodwill is about people, forming and maintaining relationships, and always has been. The car has history, but it's with someone else.

If the previous owner had gone to MB under the same circumstances, the story would probably be quite different.

 

[grober]

Did you buy the car from a MERCEDES dealer,privately or another non franchise dealer? It matters. In my experience Mercedes tend to look more favourably on bodywork requests from people who have already given them considerable sums of money. This either in the form of profit from selling someone a second hand car or by paying servicing charges over several years. The irony is the previous owner who paid for the impeccable MB service history would probably have got it repaired gratis as per warranty. As a new owner with no "Mercedes history" yourself you will probably struggle-- but if you don't ask------??

 

[BTB 500]

BTB 500 - the dealer following the inspection verbally confirmed to me that it was a clean car with no bodywork done by ANYBODY.

OK you didn't mention that, presumably based on paint thickness measurement? This is a standard check they do.

 

[mkcheznous]

BTB 500 - yes paint measurements.

Doodle - I am not stupid - I understand you - just don't agree - obviously.

To me this is about MB honoring their warranty. They do not say if you sell the car it no longer has any warranty do they? They say it has to be looked after properly - which has been done - isn't that part of the point of having it serviced by the network.

MB may choose to use the term goodwill but it is really their warranty / reputation they are protecting. Should a six year old luxury car have these issues? I have just got rid of a 15 year old Saab with none of them. I have a 7 year old Skoda with perfect body work. Is MB a lesser brand?
These issues were supposed to have been rectified by the time my Facelift model was produced.

I understand the odds may be against me but that does not mean I think I am being unreasonable - though I accept others may think different.

 

[Doodle]

Your stance above (and the tone of previous posts) seems to imply you view it as a legal issue, a matter of black and white?

If that's the case then best of luck to you chief, and I'm not surprised the goodwill approach isn't working.