Ausmbtech

According to any technical document from MB Mobil 1 5W-40 ESP is not an approved oil for any Bluetec engine.

However, if you look at the online owners manual on the MBUSA website for a M-class 2010-current the spec given in there is incorrect and doesn't match the technical/workshop documentation as provided above. If the physical owners manual have this incorrect info then normally there would be a service measure to put a sticker with the correct info over the incorrect info in the owners manual.

Here is an additional document to also show that MB are aware engine are needing to be replaced. from reading this document they are obviously replacing engines often enough that they produced this bulletin to point out other items they suggest checking/replacing when the engine is replaced.

krd2023

I reconnected with MBUSA today (9/22/2015) after five months of my car sitting immobilized after its OM642 engine seized (on my well-maintained 2010 ML350 BLUETEC with 82K miles that I bought new and had serviced regularly by the same dealer). I also had a good meeting last week with my MB Dealer owner. I'm being told by MBUSA and my MB Dealer that my case is being reviewed by MBUSA again this week, and I'm hopeful for a final resolution very soon outside of the courts. This after months of me presenting my case to MBUSA of compounding car issues in and out of the 50K-mile warranty since 2010 (including oil cooler seal leaks and repair, glow plugs replaced, emission control issues with adblue heater and pump failures, transmission lunges, engine knocking when cold towards the end of its life, and most recently the determination that the wrong oil-type was used at the MB Dealer at each and every oil change at the recommended 10K-mile intervals). Since I started this thread in May 2015, I've been in contact with several attorneys, some of which are interested in representing me in different capacities. I want to thank each and every user on this thread who posted (publicly and privately) useful information for my case and for others experiencing similar issues. Special thanks so far go to users Carsy, 20swrt, Ausmbtech (for extra-helpful input regarding oil-types!), clvincent, Dog hauler (for free legal advice!), samaritrey, GLKPaul, and txjeep. In my opinion and as shown in this thread, this public forum has served a good purpose: to pool useful information from experts around the globe to solve a problem(s) experienced by others while helping others. Regardless of my outcome, good work has been accomplished here, and thanks again.

Dog hauler

Thanks, krd, but it's not legal advice. Just a couple of observations anyone whose been around the litigation block could make and a little arithmetic.

I must say that after all this time spent ignoring you, I'm shocked that MB looks to be in the very early stages of paying attention. On the other hand, "we're reviewing your case" may well end up being lip service just to make you think they actually gave some consideration to the matter instead of summarily blowing you off.

You'll see soon enough. Good luck.

GLKpaul

Excellent news, I have a feeling its not 'if' but 'when' you get action at this point, we all hope its sooner than later, keep us updated..

GLKpaul

True enough, ive seen this before (not MB related) from a lawyer yet, if you can't trust a lawyer ..... ... now i'm just being badddd....

krd2023

Since my post in this thread last week, indicating I was hopeful for an out-of-court resolution with MBUSA, I received a “cease and desist” letter from MBUSA Counsel via overnight FedEx demanding I cease all contact with MBUSA. I plan to post a copy of this absurd letter from MBUSA, along with my attorney’s response, in redacted versions when ready and cleared. The MBUSA letter contains many factual errors and false claims. The letter reiterates from initial correspondence that “… you were informed that MBUSA would not provide you with any financial assistance toward the engine repairs because you failed to properly maintain the vehicle’s engine at the appropriate service intervals as is required by the terms of the vehicle’s limited warranty.”… which is nonsense and is not consistent with MB records from regular dealer services. The letter also states that “… MBUSA’s position regarding the repairs to your vehicle’s engine remains unchanged” which is to do / to have done absolutely nothing, despite my presentation of facts and data which counter their position. I’m not surprised by MBUSA’s action here (as it’s consistent with how they’ve treated me since my car’s engine failure in April 2015) yet I am extremely disappointed in them. MBUSA has had every opportunity over the last five months to make this right. It is now clear that I have no other choice but to proceed with legal action, and to reasonably make clear to my friends, family, and colleagues of MBUSA’s mistreatment stemming from their premature product failure in my case.

Ausmbtech

That would have the me the most idiotic response from MB that I've ever heard.

Unfortunately it sounds like your lawyer will be handling it from here, I hope you continue to have the patience to get to the end, although I doubt it will involve MB ownership once it's finalised after this treatment.........

Dog hauler

That MB is once again telling to go f**k yourself, and the horse you rode in on, isn't surprising. But, a cease and desist letter seems completely inappropriate in this situation. Okay, they're done with you. Send you a letter telling you that and further saying that they will ignore all future attempts to contact them. That makes sense if they want to be done with you. But a cease and desist? That's just stupid.

And why post only a redacted version of what MB sent you? You've done that before and I can't figure it out. Communications between adversaries is not privileged in any fashion. What on earth are you trying to protect by not posting the MB communications in their entirety? Especially now that MB told in very strong terms: Go away, idiot. You're a PITA. What don't you understand about WE'RE NOT GIVING YOU ONE DIME. NOT NOW. NOT EVER.

And, as always, I'm really curious to know how the economics of suing MB makes any sense...the same question as before: how can you win when you must spend untold thousands of dollars on legal fees, expert fees, and countless other costs associated with litigation vs. putting a new motor in your car for probably well less than $20k?

I hope you go after MB with a vengeance. Couldn't happen to nicer folks. But, they have endless money and an army of lawyers. That typically makes for a story that doesn't end well for adversaries. And if there was ever any doubt in your mind that you're an adversary when it comes to MB, you surely see now that is the case.

Carsy

krd,

Very disappointing.

Do you think a detailed explanation of the events to the media would make a difference to their attitude?.

Every company selling products is sensitive to bad publicity.

Do you have an automobile ombudsman who could represent you?.

Dog hauler

"An automobile ombudsman?" What on earth is that? It sounds quite touchy-feely...perhaps some new Obama program I haven't yet heard about?

Carsy

https://en.wikipedia.org/wiki/Ombudsman

We have them in our fine country.

I use one last week to sort out an incorrect electricity bill .Also departments of fair trading help the consumer in advanced countries

GLKpaul

The dealer may be the weak link now, if you have them putting in the wrong oil sue them, not as deep pockets and likely an easier win..

Sorry to hear this... We're behind you... Kick their ***

GLKpaul

You bet, you can sign up on the website and,,,.... Oh..,,... ... The sites kinda down right now, sorry couldn't help myself, i can mock the canadian made obama site can't i

Dog hauler

Well not here, unless maybe in the land of fruit and nuts on the left coast. In any event, it doesn't sound like MB is likely to experience any kumbaya moments any time soon.

krd2023

While my attorneys are preparing our response to MBUSA’s recent “cease and desist” letter sent to me last week, I’ve attached the 9/21/2015 MBUSA letter here to hopefully help others and provide more insight (with names partially blacked-out to respect privacy). The letter is troubling on several fronts and contains many false claims, all of which will be countered by us soon enough. Meanwhile, it’s important to note some glaring items of concern:

1) My auto on record with MB is a 2010 (not 2011) ML350 Bluetec as stated incorrectly by MB’s Counsel.
2) In paragraph 2, the correct word used should have been “occasionally” rather than “incessantly” in reference to me contacting MBUSA. In fact, I occasionally contacted certain MBUSA employees and departments then subsequently (while cordially, as records show) escalated the matter to MBUSA’s CEO since no one was replying to my presentation of data as revealed in this thread. In essence, MBUSA has chosen to disregard their own data I’ve presented which show cause(s) of my auto’s engine failure. MBUSA has not and will not engage in dialogue with me concerning the issue. By the way, no one asked me to stop contacting MBUSA prior to this “cease and desist”.
3) I’m offended by the letter on several fronts including MBUSA’s reference to them contacting “local law enforcement” if I contact MBUSA again.

Ausmbtech

Best way forward would be to sue the dealer as they didn't service the vehicle as per the factory requirements which in turn caused the engine failure. It's up to them if they want to then chase MBUSA for the costs.

coiner

I have been watching this thread with interest over the last few weeks as I too have had the engine on my 2011 E350 Bluetec seize up. I had a large oil leak back in January which turned out to be the oil cooler. The car is no longer under warranty as there was 156,000 kilometers on it. The MB dealership did not replace the cooler but repaired it to the tune of $2800.00 CDN (2200.00 USD at the time). Oddly enough there is every charge imaginable on the invoice except the oil and what type it was, so obviously I would have no recourse there. Admittedly I did not have the car in for scheduled servicing on time even though I did try and make an appointment three different times but was getting dates so far out that I could not commit to them. Obviously Mercedes takes no responsibility for the faulty engine and does not want to make any consolation because of neglect on my part. Not great customer relations especially when this is my 4th Mercedes and I still have the 2005 E320 CDI with 380,000 KM. I maintain our vehicles pretty well as I require reliable transportation for long trips. This oil cooler issue is a major problem from what I can tell as this is causing the warning sensors to fault, thus the engine has lots of time to create undetected and VERY costly problems for the owner of these finicky diesel engines that Mercedes swears by.
I ran into another person Friday night who had the exact same problem with a GL350 BT. Again, no help from the manufacturer!

Ausmbtech

MBUSA's attitude is really odd considering the info presented.
If they actually looked at the bigger picture and realised this is a growing issue they would offer to replace the engine and then charge it back to the dealer (as they caused the failure by incorrect servicing). This would make the owner happy, absolve head office from paying for the engine an send a unforgettable message through the dealer network as to the expected result if they continue to incorrectly service these vehicles.
Any half intelligent dealer would then be calling any Bluetec customers they have for a "free" oil change to get the vehicle in to check for sludging and put to correct oil to prevent any further charge backs.

krd2023

Our response to MBUSA’s ludicrous “cease and desist” letter dated 9/21/2015 (and as posted prior in this thread) is going out this week to MBUSA’s Counsel, Mr. B. Benson, with copies going to Mr. S. Cannon (MBUSA’s CEO) and to the owner of the Montana dealership from where my new car was purchased and where all vehicle services were performed. Meanwhile, we’re forging ahead with our legal options. A redacted version of our response to MBUSA’s “cease and desist” is as follows:

October 5, 2015
Mr. B. Benson
Counsel
MERCEDES-BENZ USA, LLC
303 Perimeter Center North, Suite 202
Atlanta, GA 30346
SENT VIA U.S. MAIL
CERTIFIED, RETURN RECEIPT
Re: Mr. D’s 2010 ML 350 BLUETEC engine failure

Dear Mr. Benson:
Mr. D has received your letter requesting he cease and desist from contacting anyone at MBUSA.
Please note that Mr. D intends to honor your request. However, your letter contains numerous
inconsistencies which necessitate this response to rectify the internal record that MBUSA no doubt is
compiling on Mr. D
Initially, you inaccurately state Mr. D’s vehicle, please note he in fact owns a 2010 ML350
BLUETEC. Further, Mr. D is a very well-respected businessman and community member here in
Montana and the insinuation that he has been harassing individuals at MBUSA is simply inaccurate. At
no time was Mr. D ever informed to stop contacting MBUSA employees until he received your
letter – had he been so instructed, he of course would have honored such request. Mr. D’s actions in
occasionally contacting MBUSA employees was an attempt to get MBUSA to do the right thing as
MBUSA’s authorized center (dealership name here) utilized the wrong oil in Mr. D’s car. This presumably is
what led, in part, to the catastrophic failure, yet MBUSA takes no responsibility for this mishap despite
its statement in the official Mercedes-Benz Maintenance Booklet that: “Your authorized Mercedes-
Benz Center can ensure that your vehicle is professionally and thoroughly serviced and repaired.”

What is most astounding is that a company like MBUSA decides to ignore a legitimate request from a
customer and respected community member and rather to rely on a patently false, or at least careless,
recitation of maintenance records to conclude Mr. D’s vehicle was improperly maintained. A very
cursory review of Mr. D’s service records clearly demonstrates that he serviced his 2010 ML350
BLUETEC in accordance with Mercedes requirements. In fact, Mr. D serviced his vehicle at 10,211
miles, 19,603 miles; 30,070 miles; 40,264 miles; 50,875 miles; 59,081 miles; 67,418 miles; and 76,094
miles, after which the vehicle critically failed at approximately 82,000 miles. MBUSA maintains that Mr. D’s vehicle was improperly maintained purportedly because of reference that the vehicle was “7000 miles past due” on a service when it critically failed. However, Mr. D took his vehicle to (dealership name here) – an authorized
Mercedes-Benz Center – where (dealership name here) replaced leaking seals and changed the oil. See Exh. A showing this service detail.
As such, it is clear that (dealership name here) simply forgot to reset the sensor and MBUSA is unjustified in relying on this error in its rejection of Mr. D’s legitimate requests. MBUSA’s position regarding Mr. D’s repairs is misplaced as it is clear now that (dealership name here) – an
authorized Mercedes-Benz Center – used Mobile 1 5W-40 ESP oil which is not an approved oil for Mr.
D’s vehicle. However, rather than investigating or attempting to do the right thing, MBUSA accuses
Mr. D of being “less than respectful and demanding.”
Regarding your assertion that MBUSA has “been very patient” and “made every possible effort to
address [Mr. D’s] claims” is simply unsupportable. The record is replete with attempts by Mr. D to get any response whatsoever from MBUSA; however, MBUSA and its “dedicated employees” failed
to respond whatsoever.
I once again reiterate that Mr. D fully intends to comply with your heavy-handed and unjustified
request to cease and desist; however, I must note that a simple request would have sufficed.
Threatening criminal action on an esteemed community member, successful business owner, volunteer,
father, and husband truly demonstrates the character and values of MBUSA.
While the gesture that MBUSA will honor Mr. D’s warranty is facially appealing, it is inconsistent
with MBUSA’s actions. Unfortunately MBUSA’s actions of denying, failing to investigate, accusing
Mr. D of harassment and failing to maintain his 2010 ML350 BLUETEC have left him with no
option but to warn other would-be MBUSA customers. It is simply incomprehensible how a luxury
automobile manufacturer can be satisfied with a reputation that its vehicles will fail in less than 80,000
miles despite diligent maintenance.
It is unfortunate this matter was not settled amicably and that a customer was not respected. It is equally
unfortunate that MBUSA will not stand behind the actions of its authorized service centers when clear
errors were made.

Please place this letter in your file as a counter to your letter’s baseless and inaccurate statements.
Thank you.
Very truly yours,

(Mr. D’s law firm)

Carsy

Too conciliatory in my humble opinion.

Good luck with it all .

John.

GLKpaul

+1

I would have liked a larger hammer with firmer statements.

Whats next krd2023?

krd2023

What's next for me will be 1) short term, now shifting legal focus onto the dealer from where I bought the car new and had all routine services and repairs performed. This is unfortunate because I live in a small town and have much respect for the owner of the dealership, yet MBUSA and the dealer have given me no choice during this now 6 month ordeal but to pursue recourse legally. I had expected MBUSA to take initiative and work with the MB dealer to arrive at a reasonable resolution for me rather than ignore me; and 2) long term, continue to gather interesting and compelling data for a probable class action suit against MBUSA given the systemic issues with the Year 2010+ OM642 MB engines.

Additionally, thanks to recent input from Carsy, GLKpaul and others, our attorneys have inserted our Demand portion into our response to MBUSA's Cease and Desist. In our response draft as found in thread above, we amended the date to 10/13/15 and inserted this portion towards the end of our response to MBUSA:
If MBUSA is at all concerned about doing the right thing for a loyal customer and correcting the
mistakes upon which it has wrongfully based its refusal to assist Mr. D, then we request a new 2016
ML350 (either Bluetec or gas injected) to fairly compensate Mr. D for his lost time, loss of vehicle,
several months of inconvenience and communication attempts, cumulative maintenance/repair costs,
and Mr. D’s overall investment in a vehicle with no current value.
Again, our full response to MBUSA's Cease and Desist is being sent via certified mail this week to B. Benson, MBUSA's Counsel, with copies going to S. Cannon (CEO of MBUSA) and to the owner of the local MB dealership.

bassfreak

This is the most scandalous story I've came across in years of reading automotive forums!
I found this searching for timing chain stretch, for which my local dealer wants to rip me off on a OM642 W164 2005 with 200kkm on clock.

Any news meanwhile ?

krd2023

Re: My 2010 ML350 BLUETEC with engine failure in April 2015 with 82,000 miles after routine dealer services at same MB dealer since car was new.

The MB dealership owner promptly returned my call yesterday. I contacted him this week to determine what options remain given recent correspondences. I asked him if he received copies of MBUSA's Cease and Desist and my attorneys' reply to it (also as attached prior in this thread). He acknowledged he had. I asked if his position had changed at all given our recent determination that his dealership used the wrong oil type at each and every oil change. He said his techs believe the Mobil 1 5W-40 ESP used would not lead to engine damage, nor would it compound the myriad of issues I had with the car leading to its engine failure. He stated he's not clear why MBUSA doesn't list this oil as an approved oil for this OM642 Bluetec engine. He reiterated my options with him: I can trade-in my car as-is for an approximate $7,000 value, or he can repair / replace the engine for around $12,000 parts and $3,000 labor (my car's value with a good engine and in overall good condition would trade-in for around $20,000+). Again, neither his dealership nor MBUSA will provide any financial assistance towards these repairs or other remedies related to the engine failure. All expenses would be out of my pocket since, according to MBUSA, the engine failure was outside of my car's 50,000-mile warranty.

GLKpaul

Well, i'd like to know what your lawyers opinion is speaking of the likelyhood of success or strength of your case (from the lawyers chair) and id launch suit against the dealer for improper servicing (it makes no difference what his techs say if MB does not list it) and name MBUSA as a material witness to state in court they don't support that oil in that engine. You could do it in small claims court go for the max allowed (its 25k here) and ask for costs, if you walk out with 15k and costs your close without the drama of big (expensive) court.

My 2 pennies