Similar territory to legal eagle thread - but stock car
Discussion
So putting this one out there as a family member is going through similar shenanigans.
Their stock 2011 merc got called in for an airbag recall, and at the same time (without asking) mercedes apply software updates including a later engine map.
The car then starts throwing EMLs saying the DPF is blocked. Mercedes say nothing to do with us guv that'll be 2 grand please.
Family member said err no thanks I'll get a second opinion. To me it seems likely they have applied an engine map that probably works wonderfully on brand new cars but not on 100k mile 11 year old examples, and they should never have applied it anyway. Family member understands the limitations of DPF equipped cars so it gets long journeys regularly.
Car is going off to a DPF cleaning / underlying cause rectification specialist who can hopefully rectify it without the same costs as the main dealer.
So really I wanted to get the view of people on this compared to the other thread with the decatted car - should the dealer be paying any rectification costs for a consequence of the impact of their updated engine map that evidently isn't suited to older cars? if so how would one make that argument successfully to the dealer who doesn't care?
Their stock 2011 merc got called in for an airbag recall, and at the same time (without asking) mercedes apply software updates including a later engine map.
The car then starts throwing EMLs saying the DPF is blocked. Mercedes say nothing to do with us guv that'll be 2 grand please.
Family member said err no thanks I'll get a second opinion. To me it seems likely they have applied an engine map that probably works wonderfully on brand new cars but not on 100k mile 11 year old examples, and they should never have applied it anyway. Family member understands the limitations of DPF equipped cars so it gets long journeys regularly.
Car is going off to a DPF cleaning / underlying cause rectification specialist who can hopefully rectify it without the same costs as the main dealer.
So really I wanted to get the view of people on this compared to the other thread with the decatted car - should the dealer be paying any rectification costs for a consequence of the impact of their updated engine map that evidently isn't suited to older cars? if so how would one make that argument successfully to the dealer who doesn't care?
Depends upon what is triggering the CEL and whether there is a fault with your DPF or its sensors. You have to demonstrate the supply of free digital services in the upgrade have caused damage to your vehicle and the supply was negligent. Only then will the trader be obliged to provide a remedy to the consumer, see Consumer Rights Act 2015. Even then, free upgrades to digital services are deemed to have been given at the time of the original supply of goods, so the 6 year limitations period may bar a claim on a 11 year old car anyway.
Practically, if you want to sue, you would require a specialist engineering report to confirm what is causing the CEL. If that concludes there is nothing wrong or worn with those components - ie only fair wear and tear, and a deficient remap is the direct cause of the CEL, then you may have a claim for defective services against the trader.....but caveat limitation.
Send the car for a check elsewhere, and take it from there.
Practically, if you want to sue, you would require a specialist engineering report to confirm what is causing the CEL. If that concludes there is nothing wrong or worn with those components - ie only fair wear and tear, and a deficient remap is the direct cause of the CEL, then you may have a claim for defective services against the trader.....but caveat limitation.
Send the car for a check elsewhere, and take it from there.
shouldbworking said:
So putting this one out there as a family member is going through similar shenanigans.
Their stock 2011 merc got called in for an airbag recall, and at the same time (without asking) mercedes apply software updates including a later engine map.
The car then starts throwing EMLs saying the DPF is blocked. Mercedes say nothing to do with us guv that'll be 2 grand please.
Family member said err no thanks I'll get a second opinion. To me it seems likely they have applied an engine map that probably works wonderfully on brand new cars but not on 100k mile 11 year old examples, and they should never have applied it anyway. Family member understands the limitations of DPF equipped cars so it gets long journeys regularly.
Car is going off to a DPF cleaning / underlying cause rectification specialist who can hopefully rectify it without the same costs as the main dealer.
So really I wanted to get the view of people on this compared to the other thread with the decatted car - should the dealer be paying any rectification costs for a consequence of the impact of their updated engine map that evidently isn't suited to older cars? if so how would one make that argument successfully to the dealer who doesn't care?
What makes you think that the map isn't suitable for older cars?Their stock 2011 merc got called in for an airbag recall, and at the same time (without asking) mercedes apply software updates including a later engine map.
The car then starts throwing EMLs saying the DPF is blocked. Mercedes say nothing to do with us guv that'll be 2 grand please.
Family member said err no thanks I'll get a second opinion. To me it seems likely they have applied an engine map that probably works wonderfully on brand new cars but not on 100k mile 11 year old examples, and they should never have applied it anyway. Family member understands the limitations of DPF equipped cars so it gets long journeys regularly.
Car is going off to a DPF cleaning / underlying cause rectification specialist who can hopefully rectify it without the same costs as the main dealer.
So really I wanted to get the view of people on this compared to the other thread with the decatted car - should the dealer be paying any rectification costs for a consequence of the impact of their updated engine map that evidently isn't suited to older cars? if so how would one make that argument successfully to the dealer who doesn't care?
Did the ECU require the update for the replacement airbag to function properly?
Perhaps the DPF is actual blocked and it is a coincidence.
My guess is that a Legal claim would be extremely difficult to win.
I agree in reality it won't be cost effective to prove, but in principle I object to this forced software update.
We had one done on ours and it lost about 10% on mpg, I know because I did the same 200 mile trip every week and the mpg absolutely changed after the 'update'. Its a legal thing Mercedes are worried about dieselgate claims, whereas I dont care, I just want a working car.
Could they not reverse the update if you request it? that would seem the best solution.
We had one done on ours and it lost about 10% on mpg, I know because I did the same 200 mile trip every week and the mpg absolutely changed after the 'update'. Its a legal thing Mercedes are worried about dieselgate claims, whereas I dont care, I just want a working car.
Could they not reverse the update if you request it? that would seem the best solution.
I have three mercs that have been offered recalls 2x sprinter vans for airbag recall and a Vito for something to do with the seat base / battery.
Anyone know what the implications might be if I don’t get the recalls done as they seem to be throwing up issues on vehicles that previously didn’t exist.
Thanks in advance
Alex
Anyone know what the implications might be if I don’t get the recalls done as they seem to be throwing up issues on vehicles that previously didn’t exist.
Thanks in advance
Alex
Uncles has just been in, they took the opportunity to quote for a load of suspension work, which his usual guy thought half of was valid and done it for a fraction of the quote, no issue from the mapping though (2015 car).
If you’re sure the car hasn’t been modified, had an EGR delete or whatever, the dealer can install older versions of the mapping, MB make these available. What they can’t do is reinstall a non original map.
A 2011 250d should have been recalled in 2014 for new injectors and engine wiring loom, they cocked this up at the time I recall, needing yet another map into the engine and the transmission.
If you’re sure the car hasn’t been modified, had an EGR delete or whatever, the dealer can install older versions of the mapping, MB make these available. What they can’t do is reinstall a non original map.
A 2011 250d should have been recalled in 2014 for new injectors and engine wiring loom, they cocked this up at the time I recall, needing yet another map into the engine and the transmission.
Interesting. Never really considered going legal, too much effort for too little gain.
Re getting mb to reinstall the older map, they've said they can't do this, which well.. I can believe it but it's stupid.
I think the most likely resolution is a dpf clean, new lambda sensors, having the engine remapped to what it should be and never visit the main dealer again.
Fly in the ointment with such a plan is that family member places undue value on the mb stamps in the service history.
Thanks all, I'll come back to update once it's had its independent diagnostic
Re getting mb to reinstall the older map, they've said they can't do this, which well.. I can believe it but it's stupid.
I think the most likely resolution is a dpf clean, new lambda sensors, having the engine remapped to what it should be and never visit the main dealer again.
Fly in the ointment with such a plan is that family member places undue value on the mb stamps in the service history.
Thanks all, I'll come back to update once it's had its independent diagnostic
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