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Blue Tec Settlement Canada Objection

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Old Jan 29, 2022 | 05:20 PM
  #1  
GSD's Avatar
GSD
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From: Ontario, Canada
2007 ML320CDI 2004 Jetta TDI
Blue Tec Settlement Canada Objection

I am planning to object to the meagre settlement.

Below is what I am planning to send to the Mercedes Bluetec claims administrator (has to be received by Feb 2 2022) Email To:
Info@BlueTECSettlement.ca

Feel free to copy/share and send also (details of how to submit are at the bottom of this email).

I am writing to object to the Mercedes-Benz Blue TEC II Class Action Settlement in Canada before it is settled.

My objection is premised on the following significant financial differences compared the similar emissions settlements:
  • The $2,632 CDN settlement payment after CPF levy is significantly less than the US settlement amount of $3,290 USD ($4,173 CDN equivalent) for installing the same field measure modification.
  • Why are Mercedes-Benz Blue TEC owners responsible for paying a CPF levy when similar settlements with the Volkswagen diesel emissions modification did not require owners to pay CPF levies from the settlement payment.
  • Given that Mercedes-Benz owners have paid a significant amount to purchase their vehicles compared to most Volkswagen TDI diesel vehicle owners the settlement of $2,632 is significantly less than the emissions settlement for Volkswagen TDI owners e.g., between $5,100 and $8,000 (compared to $2,632) and even a buyback option.
  • As an owner of a Mercedes-Benz Blue Tec I have incurred substantial expenditures related to the Blue Tec emissions system failure (e.g., DEF heater failure) which were denied by Mercedes–Benz under their Blue Tec emissions warranty whereas these emissions components are now covered under the settlement field measure modification warranty. The $2,632 CDN settlement payment will not provide enough funds to cover my initial emissions repairs outlay. I am aware of other owners that have incurred similar issues and significant out of pocket outlay for Blue Tec emissions system repairs. Like other vehicle manufacturer recalls there should be a process for owners to submit claims for out of pocket emission component repairs which are now included in this Blue Tec settlement.
Thank you for taking the time to review the above.



Kind regards,
If you are a Settlement Class Member and have comments about, or disagree with, any aspect of the Settlement that applies to you, you may express your views to the Court by submitting a personally signed written objection as provided below.

Your written objection must include:
  • Your name, mailing address, telephone number and e-mail address (if available);
  • The make, model, model year and VIN of the Eligible Vehicle;
  • A brief statement of the nature of and reason for your objection to this Settlement; and
  • Whether you intend to appear in person or by counsel at the Settlement Approval Hearing, and if appearing by counsel, the name, address, telephone number, and e-mail address of counsel. (The Court will hold the Settlement Approval Hearing via videoconference.)
Your objection must be received by no later than February 2, 2022 at: Email To:
Info@BlueTECSettlement.ca
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Old Jan 30, 2022 | 08:45 PM
  #2  
Diabolis's Avatar
MBWorld Fanatic!
 
Joined: Jan 2013
Posts: 3,745
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From: The Great White North
W204 C63 Coupe, W166 ML350 BlueTEC, 928GT, Taycan GTS Sport Turismo, C5 Z06 & IS300 race cars
First, you are not a class member and have no standing in the BlueTEC II class action. Your 2007 ML320 would fall under the Mercedes-Benz BlueTEC I class action, which is a completely separate animal, so this does not apply to you in any way, shape of form.

Second, the settlement is not offered as a compensation for any failures anyone (including class members) may have experienced after the vehicle warranty expired in any part or system of the vehicle, including the emission components. It is simply a settlement against a claim of "diminution in value" and possible non-compliance with "the marketing or advertisement of any Eligible Vehicle as clean, green, clean diesel, environmentally friendly, low emissions, and/or compliant with federal, provincial, or territorial emissions standards" because some ambulance chaser lawyers and people like yourself deduced that now that MBC is part of MBNA, it is fair game so they can hit them up for money. VW knowingly cheated and lied about their diesel vehicles. Mercedes did no such thing. There is no admission of or finding of guilt against MB.

If you want to waste your time, by all means knock yourself out.
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