I really need the communities advice on my current situation. I was driving my 2007 w221 and noticed the transmission slipping as I was driving in stop and go traffic. I went straight home and parked the car. The next morning I got the car towed to the Mercedes dealer.

My service writer called me today to inform me that my car needed a whole new transmission, torque converter, and fluid flush with a total cost of $6,500. He said that the transmission fluid was like "sludge". Apparently, there is no record that the car's transmission was serviced at the recommended 39,000 miles. I purchased the car as a certified pre-owned car in 2010 with 46,000 miles, so the transmission should have been serviced prior to my purchase. The paperwork that I received when I purchased the car states that the next service was due at 56,000 miles. The car had an extended warranty when I purchased it, but that has since expired, so it is no longer under warranty.

I have been up to date on all my services since owning the car. I asked the service writer why a transmission fluid service was never recommended to me during one of the services. He explained that the w221 transmission does not have a dip stick, so during routine services, the transmission fluid is not checked. He said that the transmission is just serviced every 40,000 miles.

I do not feel that I should be held responsible to pay $6,500 to fix this problem. The dealer from which I purchased the car from was negligent since they did not service the transmission before selling me the car as a certified pre-owned model. I am also not sure if I believe the service writier's explanation that the transmission fluid cannot be checked during routine services.

I called mercedes customer care and opened a case today. They said they will get back to me within 24 hours. I would greatly appreciate any advice on what I else I should/can do to avoid paying this hefty bill for Mercedes negligence. Thanks in advance.

 

Sorry to hear! I think the company that you bought this "certified pre-owned" car should be held liable for this. I also had my transmission and torque converter replaced at 40k miles. The dealer checked out my transmission fluid and also said it was really dark. But luckily my car was still under warranty. I hope you get this problem fixed without paying that big amount.

 

I would agree. Especially since there is not a "dip stick" that you can check.

It would only be fair that MB pays the cost for the repairs, as long as the dealer that you purchased the car from was a MB dealer. Even if the dealer you purchased the car from is not standing behind the matter, then I would think that MB should pay any cost associated with the repair (including a rental) at a MB dealer of your choice.

keep us informed and good luck.

 

Update

I got a call from the case manager handling my claim and he informed me that Mercedes Benz of Encino, CA, which is the dealership I purchased the car from, refuses to assist in anyway. They claim that they did the transmission service, even though the service writer in Mercedes of Oakland, CA says there is no record of that. The case manager also said that Mercedes Corp will not be able to assist in the matter. So I am stuck with the bill. of $6500.

Does anybody have any advice or connections within Mercedes Benz to help me?

I am very disappointed with Mercedes Benz. When I spent a large sum of money to buy a CPO S550, I thought I was getting a reliable, luxury car. I thought CPO meant that Mercedes would ensure that all the required services were done. Obviously this was not the case. Although Mercedes Benz of Encino contends it serviced the transmission, there is still the likelihood that they did not since it does not show in the records. The reliability that is promised with a CPO is fake.
This is the worst customer service that I have ever received. For one, the case manager is supposed to be a consumer advocate, but he did not helped me at all. Furthermore, for Mercedes not to stand behind their product and to take the stand that if you purchase a Certified Pre-Owned Mercedes, you should expect the transmission to fail and it should not be a surprise is quite discouraging. Who would want to buy a car for over $100k that has such poor quality and low expectations???

So I am considering taking Mercedes Benz to small claims court. What do you guys think?

 

Go to court with it man...........You got jacked, I would involve the dealer in the law suit also just because they are being lazy asses.

 

I would take them to court as well. If any of your local TV stations does daily/weekly segments on local businesses ripping off customers, I would submit your story as well. What proof does Mercedes Benz of Encino have that they did the transmission service if there is no paper work?

 

So the service writer at the Oakland dealership told me he does not see anywhere in the service history that the transmission was serviced. However, when customer care did their investigation, the Encino dealership claims that they did service the transmission. What proof they have I do not know, but it was enough that Mercedes Corp is backing them. I asked the service at Oakland for a copy of the service history of MY car and he said he can only give me a print out of the service that was done at their dealership, but not service done at other dealerships due to privacy laws. Seems strange. I guess I can call Encino and ask for a copy, but I wouldn't believe it anyways as I'm sure they can fabricate something. If I take them to small claims court, I can get a subpeona for the records I suppose. Shady man!

 

Just to set something right here,if the dealer did the service every dealer can see it in the records of the car period.
There are no other prove for that dealer that he did the service,that is why nobody uses the book with stamps anymore because every service is recorded .
Also small claims court is not the way to go because currently they don't owe you any money.You need to consult an attorney and take them to court

 

subscribed.

Best of luck to you.

 

If you have complained to Mercedes and they have investigated, you can confidently believe the proper procedures were followed by the selling dealer to Certify the car originally. Replicating the proper paperwork after the fact is nearly impossible and discovery of that deceit would cost the dealer far more than $6,500.

That leaves you in an unenviable position. Manufacturers rarely make policy adjustments on vehicles that were sold used under certification programs once that extended warranty is expired. Were you the original owner out of warranty, you would have a much better chance that Mercedes would make a goodwill gesture.

The car is 18,000 miles out of warranty and most likely at least two years. They extended the warranty once as a marketing tool to support used car values. Most manufacturers, in my experience, wash their hands of any liability to subsequent owners after that extended period. Isn't what you want to hear but common in the industry.

 

Sees510 - Sorry to hear about your issue.

I also have a 2007 s550 CPO...I paid to have the service flush/fill on the tranny myself because the dealer I receive service from said that it did not appear that it was done for the CPO checkout at the other dealer, so luckily I have not had issues. However, lots of people have problems with these transmissions.

Even though I agree with many folks about the lawyer and court, from experience, I think you would not win and would likely suffer an awful lot of frustration and lost-time on that route....MB fights these types of things all the time, so they know the game better than the rest of us....just my 2 cents.

One thing to investigate some more....you say "a whole new transmission, torque converter, and fluid flush" is what the dealer wants to do....I would talk to the owner of the dealership or at least service manager at the dealer....I don't understand the need for a flush if the tranny and torque converter are being replaced...all the fluid is being thrown away with the old units...there is a cooling loop along the radiator...but the amount of fluid there (and any flushing req'd threof ) shouldn't even be a charged service with 100% new fluid in a new tranny/torque converter...this seems a bit much...worth exploring anyway....also, just ask for a discount given the circumstances and the fact that you have your car serviced there all the time....parts at cost, 10% off...whatever...worth asking the boss, eh?

I would also get some "second opinions" or alternate quotations from a couple more dealers and/or independent repair shops....in this economy, they will compete for your business...and for $6500...its worth some time....

Good luck...please post the final outcome so we can all learn from this!

 

So why can't the service writers at the other dealership see that a transmission service was done?

 

If I decide to take them to small claims court, which has a $10 k max in Cali, it would be after I paid for the repairs, so I would be suing the dealer I purchased the car from for the cost of repairs.

 

If Encino told MB they did the trans service, they would have documentation to back that up. The design of dealership computer systems would make it nearly impossible to re-create this documentation years later through a variety of safeguards built into the system. With their database, such an attempt would stick out like a sore thumb to the MB personnel.

Mercedes dealerships share information through the NetStar system. While very good, it is not foolproof like every other computer system. It would not be the first time a service was missed being recorded.

I would simply request Encino to forward to you the repair order copy where they did the work. If they do so, you can most likely save yourself a lot of time and concentrate on finding a less expensive way to cure the transmission problem.

 

Sees510
Get the MVI from your dealer if it don't show a transmission service then there was non ,period.
Then find out if the transmission service is a requirement to get the CPO for the car,if yes, you take the car to the selling dealer and give it back to him and sue him for breach of contract.
You bought the car because as a CPO car you expected a car with all required maintenance done,so if that is not the case he sold you something what he didn't had,also a breach of your buying contract.
That has nothing to do with if your transmission works or not.
Again get a lawyer,with your plan to pay for the repair and the go to small claims court I'm afraid you will not succeed

 

Thanks for your input. What exactly is a MVI? Which dealer would I ask? I already asked the dealer where my car is being serviced and they refused to give me service history of any service done outside their dealership. They said that is the property of Mercedes Benz.

 

MVI Master Vehicle Inquiry
Ask for a supervisor if your service guy refused to answer your question if the service was done or not.
They are not required to show you the report because it includes information about the previous owner , but they have to tell you if a certaint service is done

 

You have a lot more faith in the computer systems involved than might be warranted. Had you spent the same forty plus years I did paying for those systems, you might think a bit differently.

Encino is the dealership who claims to have records of the transmission service. For all we know, they did do it or they are holding the repair order where the previous owner had it done at an independent. Evidently they did convince Mercedes of this scenario. Those are the people to contact for the records, not some other dealer with no skin in the game and no real knowledge of the situation other than what is on the computer.

 

The selling dealer will not even talk to him nor supply him with information as they maybe liable.
His home dealer is the address to talk to,all services done by a dealer ship are in the VMI that is the only prove for all services done on warranty ,good will and paid by the customer ,that report replaced the good old book with the stamp from the dealer that a certain service was done.
By 39000 Miles as an add on to the B service the transmission fluid change is required by Mercedes,if that is required to get the car certified I don't know that is something he has to find out.
If his dealer not provide him with the information,during a lawsuit against the selling dealer they will have to.

 

According to this post, he has yet to contact the selling dealer. Perhaps by this time he has and that would go a long way towards resolving the problem.

 

FYI. If your car is 4MATIC, change transmission fluid at 13,000, 39,000, 65,000 miles.

 

Sorry to hear your troubles.
My CPO S550 '08 was just at 39,000 miles when I purchased it, and had no record of the transmission flush. I paid for this myself at my next service. No transmission issues so far.

The Mercedes Benz Club of America has a program with MB dealerships to give 10-20% discount on service and parts. My dealer gives me 10% discount on everything, parts, labor, even inspections.

I have saved hundreds of dollars servicing my three vehicles at my dealer this way, but it is worth the $49 membership fee in your case for the single repair.

An additional benefit is $1,000 off the final negotiated price of a new Mercedes, but you have to have been a member for more than one year.

Good luck, and keep us posted.

 

Where is this information from please?

 

MY07-08 ATF change required once @ 39000 and I recommend every 40000 thereafter view service sheets here https://mbworld.org/forums/4407442-post10.html - attachment shows requirement as of MY09 every 40000 miles.

 

from 2007 Maintenance Booklet under Service 20, 4MATIC, 13,000, 39,000, 65,000 miles.