jokerswld34

hey guys i could really use some assistance in a problem I am currently facing (ill try to keep it short and sweet). About 2 weeks ago, my A/C started blowing hot air. I am still under the CPO warranty so i took the car to my local dealer (Viti of RI). They initially thought i simply needed a recharge at a cost of $250. After having the car for 2 days, Viti informed me that the shaft of the compressor pulley was broken and needed repair. However, this part would not be covered under the CPO warranty and it would cost $650 to repair. To make matters worse, I had to pay the diagnostic charge to release the car. I spoke to the service manager about this issue and why the part wouldnt be warrantied and his reponse was "we dont warranty the small items". Obviously this didnt sound right so i decided to try a different dealership (Ray Catena in Union NJ). After having the car for another 2 days, the NJ dealership concurred that the pulley drive shaft had failed and they would warranty it, except there was a big problem. I was informed that the bolts holding the pulley onto the compressor were so badly stripped and damaged, that there would be no way to warranty it because MB would not reimburse it. The NJ dealer also noted that in order to fix this problem, a new compressor unit would be needed ($1100 plus labor) and they couldnt warranty the compressor because it was working just fine. In order for Ray Catena to warranty this part, they needed something in writing indicating that work had been done in this area of the vehicle. I had Viti fax over the statement expressing the rpoblem and repair costs, but still not enough. I contacted MBUSA to no real help and now I am stuck. I have never had anyone other than an MB dealer work on my car and never has any work been done to the A/C system aside from the what has been done in the last 2 weeks. I am getting really p***ed off and I know for sure that Viti stripped the bolts and wont admit to it. If they didnt, why wouldnt they have noticed them when they inspected the pulley for damage and why wouldnt they have replaced the bad bolts under warranty? I have already informed MBUSA of a potential small claims lawsuit and I am now out of ideas. Any help int his matter would be greatly appreciated as this should be a warrantied issue and i should not be dealing with all this stress and BS. if any other information is needed to fill in any gaps, please ask. cheers

BKLYN_C

Call the MBUSA again and submit a complaint. Thats the only way to get you out of the dead spot

Musikmann

I also bought a CPO and as a precaution had all of my work done at my dealer thinking this would cover me if something happened. You played by the rules, so to speak, and are being cheated. Hopefully some of the lawyers on here will give you some sound legal advice. Good Luck!

mleskovar

File a small claims action against Viti, not MB. Tell them what you intend to do and see what their response is. If they don't immediately agree to take care of you don't waste time threatening, file the small claims.

jokerswld34

I already filed a formal complaint with MBUSA and I must say I am very unimpressed with their service reps. Very unfriendly, unhelpful and uncaring. My last recourse is paying for the work to be done and filing a lawsuit against MB. I expressed that this action will be taken to MBUSA and they are still taking the side of the dealership. I will say that i have loved my mercedes and planned to stay in the MB family for many years to come, but after this fiasco and the treatment i have received, I will surely never by a MB product again. Its a shame that such a reputable manufacturer like MB, and its representation through its dealerships, cannot make right on an obvious error made by some technician. I definitely did not want to take this to court because it really is an insignificant issue in the grand scheme of things, but on principle i am not going to get screwed by a bulls**t dealership who cant even screw bolts in right. I would really appreciate a lawyers perspective on this matter (as i am applying to law school this november). thanks to all who have chimed in so far

Musikmann

This experience has been related a number of times, especially that MBUSA sides with the dealers, or defers to them by saying "they are independent", etc.

maccooper79

Buddy I realize you are frustrated with the CPO warranty but I have to tell you will get even less from any other manufacturer even though the repair cost will be cheaper...but honestly can you see yourself driving a toyota hybrid POS after having the power of a MB...trust me I have been in your shoes...wat you need to do is STOP going to the stealership...once that intial warranty is up you need to just give up on them and find yourself some honest mechanincs to do the work and a good place to get parts(www.buyMBparts.com...had to plug this guy I dunno how he does it but best prices gauranteed). Turst me the mechanincs at Dealership are no smarter than any other mechanics...nothign against mechanics but there is a reason you dont need a PhD in Physics to be one..esp at the dealership where all they do is replace wats not working instead of fixing it or seeing wat caused the problem.

jokerswld34

you are absolutely right but i had an Audi before my mercedes and despite the more serious vehicle problems i had, the service was far better. truthfully, the CPO warranty has been excellent up until now. Every problem i have had has been covered without a hassle whatsoever. But now, because of negligence of a dealer, my warranty is failing me. I have a good mechanic that i could use but whats the point when MB was taking care of everything no charge to me. I will admit though, no dealership that ive experienced (Audi, Jaguar, Land Rover, Infiniti, MB, Volvo) has been stellar, so I guess i need to start leasing cars so i never have to deal with higher mileage issues or extended warranties again

Benzben

As an attorney, my advice is to just file a small claims action against the Viti dealership and hope that they will just agree to fix the problem they created rather than paying their attorneys even more money to defend the suit. Before you do that, it would be worth a shot to talk to the dealer's service manager (or someone even higher up) and let them know that this is what you plan to do, and will they step up and take care of it to save you both the time, cost and aggravation. If they give you even the slightest bit of run around, don't waste time--just file the suit. If you decide to go ahead and get the work done, be sure that you thoroughly document what is being done (with pictures) and save any old parts they replace (especially the stripped bolts).

Also, as an attorney, I would advise you to not go to law school. There are better, cheaper, and less frustrating things to do with your career.

capt_paul

"Also, as an attorney, I would advise you to not go to law school. There are better, cheaper, and less frustrating things to do with your career."

You can substitute "attorney" for "airline pilot" and becoming a pilot instead of law school and it is still correct!

BKLYN_C

What "power" are you talking about? the 189 hp that of C230? Thats whole lot of horses under your hood compared to corolla. In the matter of fact, the prius will eat the c230 for breakfast with its tork.
Stop going to the dealer and spend more money at the link you posted (which is against the rules of this forum)? You have no clue what you are talking about saying MB mechanics are no better than any other on the street.

maccooper79

hahahahahaha...ok your killing me...I don't even know where to begin...but first of all I was foaming at the mouth while writing that reply bc the stealership is a waste of **** time if your warranty is out...anyone can tell you that. But how about you explain to me how you think MB mechanics are better than any other mechanics...its not like a MB mechanic is some type of prestigious career and a lot of them actually get some knowledge after a few years and go start an Indi foreign mechanic shop of their own. What you do sound like is a pissed of MB mechanic who I obviously pissed off with my comment about mechanics in general...and despite the Prius being able to eat my C230 for breakfast with its torque ppl still say I have a nice car...how many prius owners get that? Finally as for the rules of this forum...I could care less...I am just telling my story and trying to help someone else not get ripped off.

BKLYN_C

LOL
As you could guess I am not an MB mechanic. Actually i have lots of bad experience with them. despite that, they are qualified to work on our cars as they all go through the extensive factory training. After few month they become very knowledgeable and proficients resetting the ECU. I also had a chance to notice they are very generous people as they can leave you some of their own tools under your hood.
Comparing prius and c230 is not a fare game

ChrisBrown

You are definitely getting cheated. I read my whole CPO warranty, and you are definitely covered. The problem was, seems like Viti screwed up your bolts, making the problem worse, and therefore complicating things.

I'm with the others, file a small claims lawsuit against the dealer, and make sure the general manager at the dealer knows what's going on. I would think that he would want to save the dealer from bad local public relations, and by servicing you, and then you being happy, can have a good public relations opportunity.

I swear some dealers just don't understand all of the secondary benefits of servicing their customers in an outstanding manner. Especially when car sales are down, a service department that is well known, well regarded, and highly recommended ends up generating a ton of sales and profits.

Glyn M Ruck

Absolutely! Sales sell the first unit to a customer and Service sell all the rest to people who stay with the Brand

FrankW

wrong-o...my sister got her CLK320 two years before I got my 32. I can tell you service wasn't part of the consideration.

Moviela

If you paid for the CPO warranty you might also consider a complaint with your state attorney general or state insurance commissioner. Large companies that ignore consumers often sit up and perform when government comes knocking because they know they won't win.

I am not an attorney, but my take with car companies is that small claims court means they send some weasel from "risk management" who is expert at lying and abusing the legal process to delay and deny what is rightfully yours. They might even win, and with small claims, you are done.

I'd use "real" court where you need an attorney and the defendant will need an attorney, and will need to pay to file an answer to your complaint. You can depo the techs that damaged the car, and use discovery to keep their attorney working and billing. You might still loose, but you will have the satisfaction they spent 25K to defend a 2K liability. It also catches the attention of someone who might just do the work to get you to dismiss the action. Without a "real" lawsuit, that decision maker whould never know about your problem.

Benzben

Complaining to your state's attorney general's office is also a good idea, but it probably won't go anywhere (it's still a pretty small amount in controversy). I would also suggest the Better Business Bureau.

Chances are "real" court is not an option. Small claims courts were established for just this reason--small claims. There is usually a set threshold under which any complaint filed in the court system gets routed to the small claims division or circuit. The theory being that the "real" court docket shouldn't be clogged up with what are relatively minor disputes.

And I don't know why in the world you'd want to have to incur the additional cost of hiring your own attorney (NO lawyer is going to take a $2000 case on a contingency fee). That cost would almost immediately exceed the cost of just eating the repair bill and doing nothing. If the dealership brings their counsel into this, then the attorney is going to bill it at the same rate regardless of whether or not the case is in "real" court or small claims.

In either case, a judge is a judge, and if the dealer's representative is going to lie in court, he'll do it in small claims or "real" court.

FrankW

honestly what's with all the talk about going to find a lawyer and crap?

if you all had paid attention CPO warranty is not bumper to bumper. They are limited on what they warranty. It is the same when you purchase aftermarket extended warranty through a third party. The CPO may cover more stuff than the third party, but doesn't mean they cover everything like the manufacturer warranty. find out what is really covered or not. if it's listed under the covered items then you know your dealer is cheating you. file complain against them through BBB and MBUSA. and find a different dealership.

A lot of the dealers and I do mean a lot of the dealers were cheating on their customer. There was one particular dealership around LA that got closed down long time ago because of it and MBUSA shut them down.

edit: I searched the dealership that you are going to. this dealer by their inventory list is as small as a MB dealership can get. No wonder they would take advantage of their customers.

Benzben

The issue of whether the work should be covered under the CPO warranty is one thing, and you're right--it will be addressed in the language of the warranty agreement itself. Unless it's ambiguous for some reason, then it will either be covered or it won't be.

However, the issue that he needs to sue over, and one that he clearly appears to have a claim on, is the negligent work that was done by the Viti dealership in diagnosing the problem in the first place. If a dealer or mechanic negligently damages your vehicle in the process of determining whether something is covered under warranty or not, then it doesn't matter if the original, broken/defective part was covered or not--the dealer is responsible for the additional problems they've caused.

Small claims court (or any litigation) can be a long, frustrating, and ultimately fruitless road to travel, but it sounds like it's the only way he's going to get reimbursed (or at least have a chance to get reimbursed) for the work he had to have done.

ChrisBrown

We've already established that the original problem is covered by CPO - I've even checked my CPO warranty. The problem came when the first dealer screwed up bolts on said equipment, further compounding the problem, and making things worse.

He's getting cheated.

sparkco

Hi, I am from Montreal Canada and I am a mechanic and also has my own garage ( gereral mechanics ) for 18 years. Concerning the warranties.....different dealership has their own "play rules". If they don't want to repair it under warranty, they will just try all their lucks and make up all the "stories" to tell you the repair is NOT under warranty. One thing I can teach you when you deal with them in a warranty iaaue, you have to let them know you are a mechanic as well. Let them know you know what you are talking about, and knowing the problem MUST under warranty. Easy to say, but you have to do yourself a study or research beforehand.

In fact, dealership's mechanic is the one who decide whether the repair or the broken parts are under warranty or not. Let me ask you, what do you think if one of the MB mechanic's father own your car.......do you think that mechanic will fight for the warranty or not !!!!!! I hope you are getting what I mean. Good luck !