MomsBenz

Jim I love how straight forward you are.

oknish

My sentiments exactly. Do let them know that you are communicating with MBUSA and will make a decision after your discussions.

MomsBenz

Now if I could only get MBUSA to call me back. My letter should get their attention

dieseldoc

Kaila, I would tell them to keep the car. you have had more trouble than the car is worth. they need to give you a new car. Jeff

MomsBenz

I am going to place calls again in the morning before they call me. I am going to call the MBUSA rep first and tell him that exactly. Wish me luck!

MomsBenz

Well I just left another message for Justin at MBUSA. I have my letters ready to send today. I feel like I am treading water and not getting anywhere

MomsBenz

Well my SA from Walter's just called and said the car is ready for pick up. I told her what all of you told me to say. She said that if I didn't pick up my car they are going to start charging me for the rental I have! I left another message for my Rep at MBUSA and for the SM at Walters. Now I don't know what to do

oknish

Talk to SM/GM at Walter's and just tell them that you are discussing your options with MBUSA and are not comfortable driving the car pending those discussions.

Have you heard back from MBUSA yet?

MB Fanatic

Tell the SM at Walters that you under no condition will pick the car up and are talking to MBUSA about a Lemon Buyback because of their failure ot fix the vehicle within the guidelines on California Lemon law.

Also, call MBUSA in NJ and tell them to get you a Lemon specialist.

MomsBenz

I just got off the phone with MBUSA. He was absolutely NO HELP. He said that I was speculating and assuming the car was going to break again. He said that they have high confidence that the car is repaired this time because MBUSA was involved in the repair. He pretty much blew off everything I said including my statements regarding lemon law and attorney's. He said this is not a car it is a computer. GRRR, I am shaking right now as I type this. I guess I just need to hire an attorney

MB Fanatic

@ this point I would get an attorney, you should still send those letters in though.

MB Fanatic

Another thing. Get a hold of the GM @ Walters and @ the GM @ Caliber and tell them that under no condition will you accept the vehicle and will only acecpt a lemon buyback. If they fail to do a Lemon Law buyback, tell them you will see each of them in court along with MBUSA.

MomsBenz

I will still send the letters. The MBUSA rep said he spoke to the GM at Walter's today because the SM was out. They are on the same page and feel confident the vehicle is repaired. When my husband comes home tomorrow I will talk to him about hiring an attorney. For now I don't see any choice but to pick up the car. I don't want to be held financially liable for my loaner and we don't have a 3rd car I can drive in the mean time. I am stuck.

MB Fanatic

Pick the car up but tell that Justin character that under California Lemon Law they already failed since your 3rd time it was a failure. This is the 4th time the car has failed to start, and your location and proximity to a hazardous situation (wildfires) demands you have a car that at least turn on.

MomsBenz

I wonder if I can get a different Rep at MBUSA. I told Justin all that and all he kept saying was that they feel confident the vehicle is now fixed and can not speculate on what will happen in the future. He told me to pick the car up and drive it and if I have ANY questions or concerns I have his number. Blah, blah, blah. I told him I have HUGE concerns and that I didn't not want the car any longer. I told him I have reviewed the California Lemon Law and know my rights. He just continued on with the song and dance about it being fixed now because MBUSA helped fix it!

MB Fanatic

Ask Jim how he was able to get MBUSa to lemon his GL320 CDI, and who he called and wroe letters to. I am sure the letter will be far more effective than this retarded *** hole Justin. I know JIM too had a fight to get his car taken back under Lemon Law in LA. You should also call the California BAR @ http://www.dca.ca.gov/acp/contact.shtml

Get the state involved to really light a fire under their ***.

MomsBenz

I will check out that link. I know how busy you are I appreciate you taking the time to help me. Watch for mail

MB Fanatic

Check your email Kaila.

MomsBenz

Resent it

oknish

Send them overnight so you will get a prompt response. Also, in your letters as well as in verbal conversations with Walter's request a written response documenting what they are telling you. Words have a habit of being forgotten.

Hang in there.........

MomsBenz

Thanks Nish. Overnight is a great idea. I know all to well how fast words are forgotten. I will request them to put it into writing.

JimBarnhart

Holy Smokes - these guys have a pretty high opinion of themselves. I guess 4th time is the charm.

Just by chance, you might want to talk to your insurance company about this as well. I have State Farm and once had a repair issue with the person who built my house. I talked to State Farm, and they were great. They told me me send a certified letter telling the builder I expect the house to be fixed to my satisfaction within 30 days of receipt of the letter and if not State Farm has graciously agreed to represent me in this matter. It was fixed within a week after the letter was sent.

Sorry for the segway, but what I'm wondering is if your insurance has any ideas on how they can help you. It doesn't hurt to try. If you have an rental car rider on your insurance, just maybe you can use that as a means of getting wheels. Or maybe they can flex a little legal muscle on your behalf.

Also, are there any disadvantages of picking up your GL? I wonder if there's some sort of angle they could use to accuse you of accepting this round of repairs by taking the vehicle? I don't know, but want you to choose your steps carefully. Is it worth a call to Hertz or Budget and see what a rental vehicle would cost you for a week?

Hang in there Kaila. It sounds like you have a great case in the lemon laws. I don't want you to feel like I mean this as an insult, but they are testing you. I expect they have also consulted the lemon laws and know their situation and are trying to avoid that conclusion. The first attempt was to try to convince you that they know they have fixed it this time. You didn't bite on that, so then they threatened you that it's going to cost you money (the rental car) if you don't take back your car. I personally wouldn't bite on that threat either (by picking up your GL), but you have to decide that for yourself.

oknish

Couldn't agree more. Plus, it doesn't sound like Kaila needs a rental since she has a 3rd car. So maybe return the rental if you don't want to pay for it but don't pick up the GL.


. Since you have already started the ball rolling, I would recommend holding off on picking up the GL till you, at least, get a response in writing. It wouldn't surprise me if Walter's came back and said that they will charge you to keep the car on their lot. Don't bite on it and ask them to send it to you in writing. Then you can use that to have MBUSA expedite their response.

MomsBenz

Oh geez, I didn't read these last posts until just now. I probably blew this. I had to pick up the GL. I do not have a 3rd car and enterprise was already calling and telling me if I didn't return the rental my 5pm tonight I would be responsible for $75 a day until it was back since my car was ready. (funny how fast things spread at the dealership) When I got to Walter's the SM was not in nor was the GM (likely story) Unfortunately I had all 3 kids with me and was not about to make a scene in front of them. This is not the last they have heard from me. I will mail the letters and seek the advise of an attorney. I know the law and what I am entitled to.

Jim-I have Farmer's Insurance, I will call them tomorrow and find out what they can do for me. It is worth a shot. I agree, they are testing. They probably think I will buy whatever they are saying and disappear. They are in for a rude awakening.

I asked my dad if there were any repercussions of me picking up the vehicle (since he lemon lawed a truck 5 years ago) he didn't think there was. And attempt to fix it is an attempt to fix it. I have 5 RO's now showing they TRIED to fix it and a total of 26 days of loss of use. Picking up the car and bringing it home doesn't change any of that. A lemon is a lemon no matter where it sits was his answer. I got the name and number of the attorney he used. I will contact him tomorrow. Unfortunately he charges $5000. I am sure it will be money well spent.

What pisses me off even more is my RO states "Battery charged and load tested, no draw detected. Steering column module replaced per DTB." So what exactly did MBUSA do to help fix it? Aren't the DTB's something the mechanics can get their hands on without the help of corporate?

MB Fanatic

Hell I could get a DTB if I wanted to. Any idiot can. MBUSA didn't help in any way except Walters will submit the warranty work done for reimbursement.

There are no reprecussions by picking up your vehicle, so dont worry on that. If anything, just hang in there. They are going to be wishing they hadn't messed with you.