katiesdad7

I spoke to my dealer about why they won't fix or even try to diagnose a problem without a fault code. The service manager told me that MB will not pay them unless a code is present. I don't know if that is true but thats what he said. I have also had the dealer lie to me a few times. When the hesitation problem was present they know about it but couldn't fix it because the software update was not done. So their answer to me was they could not duplicate the problem. Finally after being fed up with their BULL I put the service manager in the car and showed him. He then said they know about it be can't say anything because the update wasn't done. Lie #1. The same thing with the AdBlue light. They said that it was normal even though we all know it was not.

Now I take everything they tell me and pass it thru my bull**** meter.

neversummer78

Actually, you are right because that is exactly what the lead service manager told me. He said that if there is no error code, then they cannot bill MBUSA for the service. They admit that they are aware of the problem after watching the video I showed them, but they cannot get error code from ECU. I also ran into problem with AdBlue light that you had, and I showed them photo which they fixed. Anyway, all the problems that they fixed could return for all I know just like the issue with loosing power randomly.

My friend bought a C230 with 30k miles 2 years ago from her aunt, and it has been giving her a lot of problems. Last mechanic told her that her car needs new ECU. It is quite surprising that 30k miles car is that bad because my X5 had 100k miles. It was running strong until the day I traded it in which apparently was a bad move. May be Mercedes is no longer in for long haul but short term leases.

Anyway, I think we both have a long battle to fight with MBUSA whether with an attorney or not. Good luck!

neversummer78

Hi katiesdad7, do you have any case manager assigned to your case from MBUSA? I am wondering if there is only 1 person in this whole organization dealing with customer retention.

katiesdad7

Yep, there is only one. You have a better chance of seeing a train go up a dirt road then getting the answer you want.

neversummer78

That is too funny! I guess I should stop thinking about it. MBUSA is just plain terrible.

I will keep updating the status, so others will know what to expect when dealing with MBUSA over their terrible products. The length of time, and whether to get an attorney or not.

I still hold off on getting an attorney because they will simply benefit from my pain base on all the evidence I gathered. They mentioned that the case can take 6 months or more. I think it is worth while getting them if there isn't enough evidence.

katiesdad7

I went the attorney route because I was fed up with the BS responses I was getting from MB. Will I win? Who knows. But at least I feel better knowing that I am forcing them to do something. Which is more than I was able to do on my own.

neversummer78

I totally understand. I just called, and again Simon is not available. Customer rep told me that he is out sick, and I got his voicemail. I wonder if his Mercedes is giving him headache and left him stranded somewhere. This is how the oldest car company in the world handles cases like this. Apparently, they know how to dodge it after being in this business for 125 years. They are very good at handling it since they start pumping out lousy products.

stas2007

Isnt there a lemon law that if an automaker fails to fix problem in 3 tries they have to take a car back?
At this point I would try to beat them at their own game, go to MB dealership(or 3 different ones) drive with the tech- get them to see there is a problem, leave the car with them and get them to do something. Most importantly get some paper from them stating that there is a problem and they fixed it(or even better didnt fix it). Repeat that 2 times and take it to BBB. Just dont run around screaming I am gonna lemon law all you,be sneaky- the important step here is you get 3 papers showing they fixed same problem.

neversummer78

Hi stas2007, there is lemon law that I am trying to get them to follow. I have definitely visited the dealer way many more times than required by lemon law. I was extremely patience with the whole ordeal. The problem is that Mercedes ECU does not log all the problems or at least they didn't have a warning light to describe my problem. When I have problem, there is nothing I can refer to on the dashboard beside the car just randomly dies. After 1st visit to dealer regarding the problem, I realized that they cannot take me seroiusly, so started filming and taking photos when I have problems.

I left the car with the dealership many times, but the problem is that this issue is not easy to duplicate. It seems to happen on hot day or after a long drive. Back in May, dealer's technician took it out for about 40 miles and could not replicate it, but acknowledge that there is problem. They had the care for about 1 week. They replace ignition switch which did not fix the problem. My last trip which was early October, they put on 10 miles and told me that they could not duplicate the problem, and they insisted that there is nothing wrong and I have to take the car back.

I forwarded everything, service invoices from dealer, photos, and videos to an attorney I found on Google. He is very eager to take on the case, but I know that they will join this waiting game with me and help exchanging papers which I will end up doing it myself anyway. He said that I do not have to pay anything if they cannot win the case which means that they know they can win this case base on everything I have. Another problem with legal system is that it can take 6 months - 1 year if it needs to go to trial. That is way too long, and my concern is that this car will render me dead somewhere before I am done with the case. I can just go out and get something else to drive in the meantime, but then I will no longer have pressure to get MBUSA to right this wrong or they will not have pressure to work on my case. Anyway, attorney is required if the case will have to go through legal system. I will need to be represented.

Anyway, lemon law is something that you can use in the civil suit against the manufacturer in court. It is something that consumer like us can use if they decide not to stand by their products like what they are doing to me and katiesdad7. The problem with legal system is that it is just a long and painful process. At the end of the day, even if they take the car back, I will ultimately lost because of all the time and emotion I wasted on this case.

katiesdad7

I don't believe that they are intentionally pumping out a lousy product. I just think that ours are lemons. It happens. What upsets me is that MB will not even attempt to fix it without a fault code. Now with every cell phone having a camera it helps to document our issues. Now MB can't say they have never seen it since there is video/photo evidence. Heck, people have gone to the chair with less evidence. Plus my guess is that MB doesn't want to take a chance that their vehicle will have a "lemon" title and be worthless to them. it makes sense financially to buy it back and resell it. I'm not asking for my money back I just want a vehicle that doesn't have these major issues. But we will see.

neversummer78

You are right, I was just typing that out of frustration. The fact that they lack ability to fix my car was upsetting me, and also the lack of communication from case/customer retention manager is upsetting me. I am expecting better customer service and quality out of Mercedes brand.

I am hoping that because I bought the 1st year release of this truck, therefore there are some bugs that they have to fix and 2013 model should come with a lot of these problems resolved. Also, I feel like my truck wasn't put together correctly since the interior is making small noises all over especially from the driver side door. I sometime feel like I am driving a prototype with all these parts badly put together. I had another Mercedes back in 2009. It didn't impress me, but it didn't give me issue. I had it for about 1.5 years and I sold it because I didn't like the way it drives.

Also, I am willing to give Mercedes another chance if they take care of my case in a timely manner. They also need to improve their communication with me on my case. I would just get the same truck if they take it back.

katiesdad7

One thing about the ML is it is so quiet that you will hear ANY little noise. Its good and bad all in one. :-)

neversummer78

Yeap, in a good ML, it must be sweet. In my ML, I know all the spots that they did not screw in properly. Mercedes knows how to build big car for long journey. It is a shame that my car hates long journey.

katiesdad7

My Prius had a lot of squeaks and rattles. After numerous times back to the dealer they finally fixed them. They had to remove the dash and put foam tape between all the plastic parts. THey had to do the same for the door panels. But to their credit they fixed it. The management at the dealership was very good at working with Toyota to get the problem solved.

It doesn't seem to be the same with MB. To me it seems that the dealer is on their own. And since MB won't pay them unless there is some fault code or a letter from the Pope they sort of have their hands tied. At least that how I see it.

Bottom line is that an automobile is a complex animal. Especially in the early production models. It's how they deal with the issues that arise that make or break their reputation. One possible explanation is that they have no fix for these issues and know it. Otherwise why wouldn't they fix them?

neversummer78

That is very nice of Toyota to follow through. I used to have Camry back in 97, and I had no problem after 3 years and roughly 100k miles. They do make reliable stuffs.

I have been a good BMW fan until the past 3 years, partly due to poor design. However, BMW cars are like ingot going over bumps and cracks. I had a few BMWs over the past 12 years, and I can't complain much. Newer MB are like a lot of other new products these days that were made to last just for a few years e.g. MB carpet. Granted that they did not charge extra for factory/OEM carpet like BMW, but after 1 year they are worn out a bit. I had C350 for about 1.5 years, and carpet wasn't holding up. My X5 carpet was still in good shape after 5 years.

The sad part about my truck is that I barely use it. Rear seat entertainment screens still have plastic on them. I really hope that it is failing because of it being the early production model and factory hasn't quite finish fixing all the bugs yet. Also, I understand that this Diesel engine is new and not a carry over.

I was planning on filing complaints on http://www.autosafety.org/fileacomplaint today, but I just got voice mail 2 hours ago from Rarsh. The good news is they will buy back the car, and I should get official letter in about 5 business days. Of course, Simon is still out cold which could be because of all my unpleasant voice mails I left for him.

I guess I will give MB another chance since they are doing it in a timely manner. It is the dealership that I have to reconsider. I don't want to check my car for ding every time when I pick it up. Also, they always do a poor car wash when I drop it in for service which was very often.

Please update this post, I would like to know how they treat you. I also don't know if they will force me to bring down this post as part of the buy back agreement.

neversummer78

Hi katiesdad7, how is your case going so far?

katiesdad7

No date yet. Its a waiting game. I'll keep you updated.

neversummer78

This is sad. I stopped by the dealership today to check their inventory. I spoke to the salesperson I bought this truck from, and he said that he witnessed buy back a few times (bad quality control?). He said that MBUSA is afraid of court. I hope they react on your case soon. Good luck!

neversummer78

Hi katiesdad7, my case is finally over! The car is gone along with the headache! Happy Thanksgiving!

katiesdad7

I won my case against them last Thursday. They now have 45 days to comply. But I'm glad I won. Now they will have a "lemon" on their books.

Maybemocha

NeverSummer,

Thank you for posting your thread and timeline about your ML350 problems. I purchased my ML350 had it all of 4 months when the cars engine needed to be rebuilt and I talked to Arosh he referred me to Simon in the retention dept. I am having the same problem with speaking to
him (or there lack of) I will look into using wordpress and keep you updated

neversummer78

Hi Maybemocha

Welcome! 1 important thing I learned from this lesson is that if you documented every problem well, then there is no point of having lawyer. Lawyer will be the middle man in my case and get his $2500 fee regardless if I win or lose the case or even if there isn't any court activity. They will also make money off MBUSA if you have to go to court and win the case which I can appreciate their effort if that is the case. Let's say if I sign the retainer contract on Friday and MBUSA agrees to buy back the following Monday, then I will still have to pay them even they didn't do anything for me. Anyway, they really wanted my case, and they kept calling me after they saw all the evidences because it would be free money for them. They weren't even serious the 1st week. When I called 1st time, I spoke to his assistant, then a week later the lawyer himself called me back. I asked if he went through everything I sent over e-mail, and he didn't but lied about having seen everything I sent. After he went through it, then he and his assistant called every few days. His assistant was pushy trying to get me to sign the retainer contract. I don't like pushy strategy to begin with, so I said no. Anyway, I hold off on signing the retainer contract regardless how many times they called. I was so sure that I can pursue this on my own. I told myself that I am willing to give it 2 months before seeking professional legal help. At that time, I never have any experience with this kind of issue and how to exercise lemon law, so I called lawyer to see what kind of help I might get from them. I am not saying that all lawyers are bad, but most of the time especially the one dealing with lemon law might occasionally hang out with used car salesman.

MBUSA produced bad products occasionally which all other car manufacturers do, but they have good customer service. I am waiting for them to fix all the kinks on their Diesel engines before giving them 2nd try. They are a good car company, and they will do the right and fair thing for your case.

Good luck!

Cyber GS

While I was trying to get MB to buyback my 2011 ML I found it was very important (in my case anyway) to have the dealer on my side.

The Service Director, Dealership GM and the Service Advisor all went to bat for me and when MB was trying to play hard ball by initially saying that there was nothing wrong with the ML the GM pushed his contacts at MBUSA to do the right thing. I firmly believe that if I didn’t have a decent relationship with the dealer MB wouldn’t have bought back the ML and I would have had to go the legal route.

My advice is as much as you may want to scream and holler at the dealer don’t do it. They didn’t build the car and as I found out they are usually getting the run around from MBUSA also.

If you haven’t already done so go to the GM of the dealership and get him/her involved in your case, even if you have already contacted MBUSA.

And as Neversummer78 recommended, document everything. Even if you don't think it's important document it..Believe me it can't hurt.

Good Luck…

katiesdad7

This was my first and last MB. I documented the pudding out of the car and thought like you did that MB would do the right thing. But they played hard ball. I got a lawyer and won. They had the table full of MB reps testifying against my case but they lost anyway. Would I have won without a lawyer? I'll never know. But I would recommend 100% that you don't go into their arena without an expert on your side of the table. Just my 2 cents.

neversummer78

Congrats on end result!

My deal was I would hire a lawyer if they refuse or if they take longer than 2 months.