Skeeter

JMF003,

Thanks for the post. The problem even if this is the case is that they are NEVER going to admit it and didn't come clean, and it'll be nearly impossible to prove. But I'll make the argument to MBUSA to be sure.

Your post resonates b/c they had the car on the lift for >3 days before 'finding' the broken part. You make a good point, they should have seen it within five seconds...

I'm also bummed that they've now 'marked' my car in their system, so from now on no matter WHAT happens with it, they'll jump to the Renntech pulley right away and start trouble, maybe even a reasonable dealer will fight me over routing repairs from now on.

I got so much pleasure driving that thing... Now I'm in store for a month of grief. At least.

Skeeter

jangy

Skeeter:
STAY focussed. Please trust me on a few things. DO NOT say that the part is defective, since it is a HUGE liability issue for MB and impossible for you to prove. Also, understand that this case will never go to trial. BUT, sometimes you must walk the walk to get what you need. I am going through it myself and it is getting to be more of a game than a frustration.

Now, back to your case, the argument is that the service department was negligent, NOT that the car is defective. You may not can prove that they did anything, BUT you can demonstrate that a competent shop would have seen the damage as a part of their routine inspection. In fact, MB has specific protocols (on paper) that each and every car entering service is to go through. There is a TON of paperwork and evidence that can be called into question.

Follow ALL discussions with a certified letter.
1 - Contact the Service Manager and General Manger of the dealership and request that they re-evaluate. Give them a week. Do not get upset when they call and basically talk in circles. We are going through the process.
2 - Ask to speak to the MB rep directly. He comes to your dealership on a routine basis, so you should be able to make an appt. If not, call MBUSA and make the same request. If not, email me and I'll make some calls. Again, do NOT be concerned when he treats you like dirt. he is the last chance to scare off claims.
3 - Contact MBUSA and ask for arbitration, as you can not deal amicably with the rep. From there, it will take care of itself. If your claim is even close to legit, it will get dealt with. If it isn't, MBUSA will tell you to go to court.

Last thing, if it honestly comes to paperwork, I recommend that you do NOT handle it yourself. As I said before, separate yourself from all of this. You are simply a bystanding victim who has no solid clue what is going on. You can speculate, but do not draw conclusions.

mjr24

That sucks. I'm in law school myself and hate it when uninformed people who didn't pay $100k for a law school education are all of a sudden Johnnie Cochrans.

I had a similar situation with my CL. I had changed the stock Xenon bulbs to a 8000k bulb . I took my car in one day because the key would not turn in the ignition, the car had to be flatbedded to the dealer 30 miles away (Xenons had been in for 4 months by this time). I picked the car up and the first time I turned the headlight on....it took about 5 seconds to fire up, setting the warning sign. This problem got worse to where it would turn on at all.

I took it in and they replaced the headlight under Starmark warranty, a $2k part. When my CL was made....the ballasts, etc. were made by Osram. However, MB changed all their lighting to something else starting in like 2003. Thus, my new headlight had a different maker for the ballast than the other headlight did that was on the car since manufacturer.

To make a long story short.....the new headlight did the same thing. It kept going working erratically. I tried putting in the old stock Xenon bulb they used in 2000 when my car was made (made by Osram) into the new headlight housing...which was made by the new company starting in 2002 (who coincidentally owned Osram, they were the same company!). Finally, one night the wires leading to the headlight fried. I took it back to the dealer and they refused to cover it because I had voided the warranty by putting in a different bulb (even though this bulb was an OEM Mercedes bulb). I threatened everything and they did not budge. Mind you....the wires melted the socket and the sockets are not sold seperate which means I had to buy yet another $2000 headlight.

WELL.....it turns out the erratic wiring was caused by a wire that was loose. It had nothing to do with the headlight assembly, bulbs, nothing. To top it off it was likely the dealer who did this when I had the ignition problem. They had to take apart the dash and probably screwed up a wire running to the headlight.

I did get revenge....I found out that I got 2 years of free Starmark warranty because when I bought the car, it was from a non-Benz dealer and that is supposed to void the warranty right there. However, Mercedes never found out and I had a free warranty for 2 years. Morons.

jangy

The flag can be removed. You may need to return to stock for an inspection, if they won't do it otherwise.

nick 55

I agree, remove the pulley for now, let MBUSA inspect the car, and hopefully that will satisfy them.....That sucks.

Jrocket

https://mbworld.org/forums/showthrea...553&highlight=

My car broke the same bolt,its not unheard of.

higginsbeach

Wellcome back man..............Glad to see you back on the board posting. How are things progressing.......

Nice surprise.....Be well man.....

Skeeter

Interesting thread, Jrocket. But I didn't see your post. Did you ever write up your experience? Was your car stock when you broke the same part? Did your dealer fix it under warranty?

This would be invaluable information going forward on this... I can't imagine that I'm the only one that broke this part. There must be some stock E55's that have busted the same bolt. If I can find even one or two, my case gets much stronger. Hopefully I can lay out this info to the dealer or MBUSA and they'll do the right thing and cover the damage. Painful...

Thanks,

Skeeter

Jrocket

I didnt post in that thread.My car was bone stock(around 18k miles)when it broke.Warranty fixed it.I might still have the repair invoice.Its good as new now!

Jrocket

Honestly,things are'nt going very well with the progress,but Im trying to keep positive about things.Thanks for the kind words.

My wife does most of the typing forme,or I use a pencil to chicken pick the keys.I still dont have sensation or much feeling in my forearms or hands.

RJC

Keep the faith JR!!!

jangy

Ahh, but I love the words!! So glad to have you back!! Keep up the spirit.

Skeeter

Jrocket,

Not only returning, but returning as Skeeter's savior

I'll send you a PM to follow up. Double happiness to see you back among us.

Skeeter

Jrocket

Im trying.Thanks!

Jrocket

Thanks Jangy!

Jrocket

I need your email addy Skeeter.

Skeeter

Sent via email Jrocket. Many thanks,

Skeeter

Skeeter

Hey, and Jangy, in case I didn't say it before, thanks. You've given me the roadmap for how to deal with this which I will follow. Hopefully I'll benefit from your experience and we'll both come out OK.

I know these are just cars, but we bought NICE CARS! And half the dealers offer Renntech upgrades directly. This just seems so f*cked up and arbitrary. But your focus on my mental state is well taken. I do tend to be miserable when I have car troubles, and the four or five other awful events of the week didn't help.

I'll proceed down your list and keep you updated. I only wish I'd brought the car to the dealer that installed my Renntech stuff in the first place. Damn, I can't believe given all the facts that they are going to screw me and force me out of my car for the months it'll take to resolve this.

What do you guys think of dealing with it this way: have my dealer fix the car (by sending it out) and pay the bill. THEN, when I'm back in the car, fight to get reimbursed. That way I have my car back within a week or two and not a month or two. I can fight deliberately and not stress over how I'm going to find a decent car to show up to work functions in...

Doubt it'd hurt my case to do it that way, as long as I photograph the damage before they fix it...

Thanks,

Skeeter

draggingcents2

I lemon lawed my E55 and got $45,000 back and they paid my car off. It took 45 days start to finish. I used Krohn and Moss in Los Angeles on Wilshire Blvd.

I wiould not stress out one bit. I would go rent a Ferrari or P-car and ask MBZ to pay for it thru your Lemon Law settlement.

I have lemoned 2 cars a 2005 E55 and 2007 Z06.

jangy

Nothing wrong with that at all, BUT, I would personally write up a letter stating exactly how you intend to handle this, including the fact that you are simply willing to pay up front and will deal with your consumer rights later. Also, be sure to state that you are authorizing for them to repair it exactly as they would if it were covered under warranty. DO NOT authorize a cheaper fix or a modified version in any way. If something were to happen later, they would simply say you authorized the work, whereas warranty work is authorized by the service manager. While the car is in, send the demands to MBUSA and ask that their regional rep either support or retort what the service department said. The service department does not report to MBUSA and as such are not authorized to speak for mercedes. What they can do is relay messages.

Your case is an absolute no brainer and one that MB will never fight AS LONG AS you don't do anything stupid. A simple Pulley and tune is almost irrelevent, compared to the potential liability of that bolt releaseing. You need to turn the attention BACK to that bolt. How are they going to fix it? How can they assure you that it will be good as new? Etc. Etc.

Also, do not forget to challenge them on who did it. Go and ask to test the car out BEFORE you allow them to repair it. Keep in mind that if they agree to this, there is huge liability JUST in case the OTHER side pops from the load and you are injured on the test ride. But, if they refuse the test ride, then are they admitting guilt? Play it, bro. That is so easy.

Good luck with it. I really don't think it is an issue and suggest you go down the path of least resistance. In my case, I want to make it big. In the end, I will likely get NOTHING, since I have already been threatened with the BK word. I just want to see it through.

Skeeter

Jang,

I don't follow you here. In terms of challenging them on who did it (who ripped the bold out of the body), what do I do by asking to take it for a test ride before they fix it? If they say, 'sure, go take it around the block', does that help my case? Or if they say, 'no way, too dangerous to drive with that bolt not tied to the body!' does this help or hurt me?

Do you suggest I send the letter stating my intention to fight this later (after repairs) to MBUSA, or to my dealer, or both?

Thanks for the advice,

Skeeter

jangy

Sorry for all the confusion.

As for the test ride. Call the service manager and ask to take a test ride with him BEFORE they repair the car to make sure that the car feels the same. Remind him that you drove the car in and are wondering how on earth it even drove that way. You can flat out say that you think they did it and you want to verify for yourself. If you both go for a ride and it drives as it did before you took it in, then it neither helps nor hurts. BUT, first, I do not think they will want the ride because of the liability. You can even say something like, "if it was safe to drive in, it should be safe to test, right?". He will either say yes or no. Now, if he says no, then it adds some credibility to your argument that they stripped it while diagnosing the problem.

As for the letter. SHOW up at the dealership with it. Hand it to the SA. Also, mail a copy to the dealership GM and one to MBUSA. From there, send a letter as updates are deemed. they hate letters, especially demand letters that have deadlines on them.

amdeutsch

May I remind you 2 that threads on MBW have been known to be monitored. Whether or not the subject matter at hand is the same should not be up for further debate. HTH $0.02

Skeeter

Got you, thanks.

So if they refuse the test drive, ask (in the letter) why the car drove fine for weeks after the 'problem' arose, and why the lead tech came on a test drive and told me to bring it in the following Monday with no aparent problems other than the occasional noise.

If he says 'ok, hop in', and she drives very badly, worse than before, I have more ammo that they screwed something up. I'm 99% confident they will refuse a test drive, but as you say, it can't hurt to ask.

Thanks again,

Skeeter

jangy

I know they are monitored, or at least considered public. Why, does it matter? We aren't scamming here. We are walking through a procedure. Do you honestly think the tune caused that bolt to give? If we did think so and were looking for a way to pin it to MB, then yes, we'd be idiots. That isn't what is going on here and MB will not respond to this thread in a negative or positive way. I'll go to the dealership with him and say the same thing to the dealership. All I am advising him on is how to follow the system, vs banging his head against a locked door that is placed there on purpose to distract people like him.
The conversation we are having is EXACTLY where the power of these forums lays. It is a place for the enthusiasts to join forces.