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Old Jul 4, 2007 | 05:03 PM
  #1  
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03CL55, 07BMW 328XI Coupe
Mb Lawsuit

WELL I CONTACTED MY ATTORNEY ABOUT THE CREAKING ON MY 03 CL55 AND SINCE I DIDNT BUY IT BRAND NEW I CAN GET THEM ON BREACH OF WARRANTY BECAUSE ITS BEEN IN THE SHOP OVER 5 TIMES FOR THE SAME ISSUE, AND THEY CANNOT FIX THE CAR. WELL 3 STRIKES AND THERE OUT, DOES ANYBODY WANT TO JOIN ME AND GET THESE ISSUES RESOLVED?? IF SO MANY PEOPLE HAVE THESE ISSUES THEY HAVE TO FIND A RESOLUTION NOT JUST GUESSING AND FIXING RANDOM PARTS OF THE SUSPENSION.
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Old Jul 4, 2007 | 06:45 PM
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Old Jul 4, 2007 | 07:34 PM
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Since your car is 4 years old, I would think MB has the technical expertise to devise a retrofit and fix the problem. In West Virginia, at least on a new car, the lemon law says the 3 visits for the same problem without solving it, it is yellow. I don't know how they address pre-owned vehicles, but I hope you have some new car, or CPO, warranty remaining. Good Luck!
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Old Jul 4, 2007 | 07:49 PM
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I have a MB 100,000 mile warranty I am not worried. In Nj they have something called breach of warranty on pre-owned cars they cannot fix.
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Old Jul 4, 2007 | 11:21 PM
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What dealership are you talking about in NJ?
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Old Jul 5, 2007 | 12:09 AM
  #6  
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No it has nothing to do with the dealership, its against MB.
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Old Jul 5, 2007 | 02:02 AM
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Originally Posted by ccrispy
I have a MB 100,000 mile warranty I am not worried. In Nj they have something called breach of warranty on pre-owned cars they cannot fix.
All signs point to MB doing nothing for this car. Its old and a 100k warranty means nothing. lemon law is for the first year of ownership (when new) not for something 4 years old.

You did not have it when it was new and MB does not buy cars back for a squeaky suspension. The problem seems very minor and most legal situations that get though involve safety systems etc.

I would look for a competent dealership instead of trying to go to court. I have seen people do this many times and more often than not you go home empty handed.

It is 100% fixable so just get to a tech that can figure it out. That would be the best use of time.
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Old Jul 5, 2007 | 03:03 AM
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Actually I already sued MB and won a settlement with a former car I owned I already spoke to the lawyers and did my homework so do yours before you comment on something you know nothing about.
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Old Jul 5, 2007 | 06:34 AM
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Originally Posted by ccrispy
Actually I already sued MB and won a settlement with a former car I owned I already spoke to the lawyers and did my homework so do yours before you comment on something you know nothing about.
what an offensive statement, keep in mind u're asking for help here buddy
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Old Jul 6, 2007 | 08:13 PM
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Originally Posted by CynCarvin32
All signs point to MB doing nothing for this car. Its old and a 100k warranty means nothing. lemon law is for the first year of ownership (when new) not for something 4 years old.

You did not have it when it was new and MB does not buy cars back for a squeaky suspension. The problem seems very minor and most legal situations that get though involve safety systems etc.

I would look for a competent dealership instead of trying to go to court. I have seen people do this many times and more often than not you go home empty handed.

It is 100% fixable so just get to a tech that can figure it out. That would be the best use of time.
This is incorrect. Lemon Law is still valid on a car that is 4 years old as long as it is in warranty.
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Old Jul 6, 2007 | 08:27 PM
  #11  
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I went into that situation (lemon law) when I had the WS6 Trans AM 6 yrs ago about engine problems. After the 3rd time General Motors took the car back and gave me back half of what I already paid for and I only had it for about a year and I should of received the full amount back but ahh heck (long story). I hope everything works out for you Crisp and I know what you are going through...
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Old Jul 7, 2007 | 05:27 AM
  #12  
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I just find it funny they cannot even fix there own cars I had a C55 and they couldnt fix that neither so I sued them and won even though I sold the car. I was always at the dealership. Same with this car, AMG is great but the car is falling apart around the engine......but I continue to buy MB...
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Old Jul 7, 2007 | 08:07 AM
  #13  
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Originally Posted by ccrispy
I just find it funny they cannot even fix there own cars I had a C55 and they couldnt fix that neither so I sued them and won even though I sold the car. I was always at the dealership. Same with this car, AMG is great but the car is falling apart around the engine......but I continue to buy MB...
Maybe you buy MB because you don't lose a penny from the depreciation by going through the same route as you did before??
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Old Jul 7, 2007 | 10:28 AM
  #14  
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keep buying them and keep suing? i'd be moving on. on the other hand, attorneys of the world salute you!
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Old Jul 7, 2007 | 11:32 AM
  #15  
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Originally Posted by ccrispy
WELL I CONTACTED MY ATTORNEY ABOUT THE CREAKING ON MY 03 CL55 AND SINCE I DIDNT BUY IT BRAND NEW I CAN GET THEM ON BREACH OF WARRANTY BECAUSE ITS BEEN IN THE SHOP OVER 5 TIMES FOR THE SAME ISSUE, AND THEY CANNOT FIX THE CAR. WELL 3 STRIKES AND THERE OUT, DOES ANYBODY WANT TO JOIN ME AND GET THESE ISSUES RESOLVED?? IF SO MANY PEOPLE HAVE THESE ISSUES THEY HAVE TO FIND A RESOLUTION NOT JUST GUESSING AND FIXING RANDOM PARTS OF THE SUSPENSION.
I have been really surprised that Mercedes Benz didn't get into a class action lawsuit over the problems with the evaporator cores in the earlier 140 class (1992 - 1994 500 SEL). I purchased one brand new, still own it today. The A/C evaporator core was bad during the warranty, but it wasn't realized until later, after the warranty had expired. I have been told that I am only one of a tremendous number of owners that had the same problem, and that all of evaporator cores had a problem until they changed their source of their cores.

Looking at the service logs, My A/C would quit working, they would replace the pressure sensor (suppose to sense when freon is to low) thinking that there was no way it could be low on freon and that the sensor had gone bad, when the actual problem was that the evaporator core was leaking at a small enough rate that it could not be located.

To replace the pressure sensor, they sucked down the system, and then recharged it. The leak was small enough that it would still show to maintain a vacuum over several hours, and so the remedy was always to replace the pressure sensor.

After it was out of warranty, I found out from a Mercedes Benz Mechanic that Mercedes Benz knew that there was a problem, but didn't know what it was for several years. They were told just to keep "topping" the system off with a recharge.

It has always been my opinion that Mercedes Benz owes replacing the evaporator core for not just me, but all owners who had this problem while they were under warranty. Especially since the problem happened under warranty, and they only provided a band aid solution by topping it off with freon to keep it looking to be ok.

My car hasn't been driven on a warm day for several years now because charging it lasts for about 4 hours of A/C now.

How Mercedes Benz got away with this is still beside me. For the past several years I have been told that they will take care of it for me when the "good will" they are afforded by MBZ of North America is in the "green", but it has been several years now and I seriously doubt it will ever be done.

Last edited by dcsimmons; Jul 7, 2007 at 11:35 AM.
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Old Jul 7, 2007 | 11:58 AM
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Originally Posted by ccrispy
WELL I CONTACTED MY ATTORNEY ABOUT THE CREAKING ON MY 03 CL55 AND SINCE I DIDNT BUY IT BRAND NEW I CAN GET THEM ON BREACH OF WARRANTY BECAUSE ITS BEEN IN THE SHOP OVER 5 TIMES FOR THE SAME ISSUE, AND THEY CANNOT FIX THE CAR. WELL 3 STRIKES AND THERE OUT, DOES ANYBODY WANT TO JOIN ME AND GET THESE ISSUES RESOLVED?? IF SO MANY PEOPLE HAVE THESE ISSUES THEY HAVE TO FIND A RESOLUTION NOT JUST GUESSING AND FIXING RANDOM PARTS OF THE SUSPENSION.
As a veteran of a lemon law buy back it's not as easy as you think. CA law requires a lot of conditions including it must be SAFETY related. If you read the fine print of your warranty, most noises are not covered by the warranty.
Then there is the depreciation for mileage. If you document the problem early, such as I did at 1300 miles, then in CA they deduct $0.10 per mile driven. I got a new car after at 36 months for only $1300.00 Not bad.

Sounds like a legal scam. Most attorneys promise you everything- They require a retainer of a couple of Gs and then say they tried their best but lost.

Do your homework before signing on the dotted line with any attorney.

Good Luck.
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Old Jul 7, 2007 | 02:36 PM
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My car has a few squeeks and they never seem to bother me that much. Sounds like we have a sue happy guy here.
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Old Jul 7, 2007 | 06:38 PM
  #18  
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No I am not sue happy I am just sick of the comp. not being able to fix a car they produced and keep on wasting my time.
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Old Jul 7, 2007 | 06:42 PM
  #19  
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Originally Posted by m_berman
As a veteran of a lemon law buy back it's not as easy as you think. CA law requires a lot of conditions including it must be SAFETY related. If you read the fine print of your warranty, most noises are not covered by the warranty.
Then there is the depreciation for mileage. If you document the problem early, such as I did at 1300 miles, then in CA they deduct $0.10 per mile driven. I got a new car after at 36 months for only $1300.00 Not bad.

Sounds like a legal scam. Most attorneys promise you everything- They require a retainer of a couple of Gs and then say they tried their best but lost.

Do your homework before signing on the dotted line with any attorney.

Good Luck.
This firm doesnt take a penny from me so its all good. I havent even contacted my atorney about theses issues I just want the car fixed I am sick of going back and forth to the dealership. I drive my car everyday and like it.
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Old Jul 8, 2007 | 12:58 AM
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Originally Posted by ccrispy
This firm doesnt take a penny from me so its all good. I havent even contacted my atorney about theses issues I just want the car fixed I am sick of going back and forth to the dealership. I drive my car everyday and like it.
So far so good. No retainer paid for just free advice. No attorney will represent you here on a contigency--it's not personal injury.

If you really want the creaking fixed and it's remains under warranty -- Contact MB regional service manager. That's what he is there for. He will asssit you at the Dealership level.

I'd really be surprised if MB turned thier back on your problem.

You might want to post this issue on AMG Priviate Lounge.

Keep us informed on this issue.
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Old Jul 8, 2007 | 10:16 PM
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Originally Posted by m_berman
So far so good. No retainer paid for just free advice. No attorney will represent you here on a contigency--it's not personal injury.

If you really want the creaking fixed and it's remains under warranty -- Contact MB regional service manager. That's what he is there for. He will asssit you at the Dealership level.

I'd really be surprised if MB turned thier back on your problem.

You might want to post this issue on AMG Priviate Lounge.

Keep us informed on this issue.
Thanks will do....
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Old Jul 12, 2007 | 04:01 PM
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Crispy

You have got this creek issue on 2 threads in here.
You have a warranty. You just have a toad for a dealer.
Sounds like the dealers in NJ are not very bright.
Neither is Miss New Jersey from what I saw on the Today Show this morning.
Try one in New York or PA.

Its the ball joints. Ask them to put a little lube on them.
Bet it goes away. Ask nice and they will replace them under warranty.
I noticed you say they replaced them. I think they are not being truthfull.
GO TO A DIFFERENT DEALER. Find an SA familiar with CL`s.
Above all. Be professional and business like !!!!!

Tell them you are getting an attorney and they are just going to
let you twist in the wind. Remember this is not a safety related issue.
Its more cosmetic. YOU HAVE NO CASE.

Last edited by bltserv; Jul 12, 2007 at 04:07 PM.
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Old Jul 12, 2007 | 05:52 PM
  #23  
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LOL yes I just dropped it off at a different dealership so I will see what happens. They replaced the ball joints last month and it did not help.


Originally Posted by bltserv
Crispy



You have got this creek issue on 2 threads in here.
You have a warranty. You just have a toad for a dealer.
Sounds like the dealers in NJ are not very bright.
Neither is Miss New Jersey from what I saw on the Today Show this morning.
Try one in New York or PA.

Its the ball joints. Ask them to put a little lube on them.
Bet it goes away. Ask nice and they will replace them under warranty.
I noticed you say they replaced them. I think they are not being truthfull.
GO TO A DIFFERENT DEALER. Find an SA familiar with CL`s.
Above all. Be professional and business like !!!!!

Tell them you are getting an attorney and they are just going to
let you twist in the wind. Remember this is not a safety related issue.
Its more cosmetic. YOU HAVE NO CASE.
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Old Jul 12, 2007 | 07:23 PM
  #24  
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If you haven't even contacted your attorney about these issues how is it that you are suing them when you said in the original post you had contacted him and he said you had a case??
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Old Jul 13, 2007 | 03:28 AM
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Well I called a Lemon Law attorney who will take the case for free I just haven't moved forward I am giving them one more chance to fix the suspension I dropped it off this afternoon so I will see if they fix it if not I will probably just trade the car in or talk to the lawyer not sure.

Originally Posted by mjr24
If you haven't even contacted your attorney about these issues how is it that you are suing them when you said in the original post you had contacted him and he said you had a case??
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