Legal advice please
Discussion
Bought a new Mercedes SLK 55AMG in September 07, found to have a gearbox problem from new. Very rough and clunky change downs verging on very severe at times.(felt like you had hit a kerb). Numerous visits to Mercedes have failed to fix the problem. They have said for a long time that it was a software problem. They have now concluded that gearbox needs to be replaced. My feelings are the car should be replaced as this problem has been from new. Mercedes say that they will replace the gearbox, but I fear that other damage may have been caused with such severe symptoms over a period of 1 year and 10months.
Any advice would be appreciated as to where we stand on a legal basis and also if this problem could have affected any other components on a mechanical level.
Any advice would be appreciated as to where we stand on a legal basis and also if this problem could have affected any other components on a mechanical level.
Its always a bit difficult when you have been driving the car for almost 2 years and now have had enough. I think for the future you could remember to act earlier and state your intent to reject the car early on unless resolved, although this doesn't mean that you definitely do not have a case - I am no lawyer. My own feeling is that if you have driven it for all that time and it hasn't been so bad that it is undriveable then damaging other drivetrain components is quite unlikely. Others will probabyl give you better advice on your legal position vis-a-vis rejecting the car itself, but perhaps you could negotiate that once the gearbox is replaced, due to the ongoing and lengthy problems experiecned that they could extend the manufacturer's warranty by one year as a gesture of goodwill (just in case there has been some abuse of other drivetrain components that have not surfaced yet)?
Hope this helps - but I think we have all been there when it comes to not being as quick off the mark as we should have been in terms of setting deadlines for problems to be fixed, and then left in an unclear position as far as options goes further down the line....
I would be interested to hear how you get on (and hopefully someone else will comealong with some legal type advice).
Hope this helps - but I think we have all been there when it comes to not being as quick off the mark as we should have been in terms of setting deadlines for problems to be fixed, and then left in an unclear position as far as options goes further down the line....
I would be interested to hear how you get on (and hopefully someone else will comealong with some legal type advice).
I doubt you can reject at this distance in time.
I doubt the dodgy transmission will have adversely affected anything else.
Assuming a new transmission fixes the problem, have an independent motor engineer inspect the car and advise you whether anything else needs replacing. If it does, Mercedes are unlikely to have a leg to stand on. And if it doesn't, lucky you.
I doubt the dodgy transmission will have adversely affected anything else.
Assuming a new transmission fixes the problem, have an independent motor engineer inspect the car and advise you whether anything else needs replacing. If it does, Mercedes are unlikely to have a leg to stand on. And if it doesn't, lucky you.
Can't really see the clunky gearbox adversely affecting other components to be honest...
Being familiar with the problematic 7G boxes and there was a time where we had a few customers waiting for the latest software updates to cure the problem, mainly CLS - (some even having new boxes, torque converters & valve bodys fitted). MB Technical usually tell the dealership to hold up for the latest software releases before throwing transmission components at the car & is annoying to both parties involved!
I think if it was that bad you wouldn't of driven it for over 4000 miles & a years time either... Typically they only 'clunk' under certain conditions anyway & it's not usually a permanent any time, all the time problem in the box.
If they stick a new box in and it sorts it, I doubt it will go any further than that. If they stick a box in and it's still playing up... MB will probably want to have it back for analysis assuming they've tried everything else. We sent a CLC back recently for a gearbox problem, however everything possible was done to ensure that it wasn't. HTH
Being familiar with the problematic 7G boxes and there was a time where we had a few customers waiting for the latest software updates to cure the problem, mainly CLS - (some even having new boxes, torque converters & valve bodys fitted). MB Technical usually tell the dealership to hold up for the latest software releases before throwing transmission components at the car & is annoying to both parties involved!
I think if it was that bad you wouldn't of driven it for over 4000 miles & a years time either... Typically they only 'clunk' under certain conditions anyway & it's not usually a permanent any time, all the time problem in the box.
If they stick a new box in and it sorts it, I doubt it will go any further than that. If they stick a box in and it's still playing up... MB will probably want to have it back for analysis assuming they've tried everything else. We sent a CLC back recently for a gearbox problem, however everything possible was done to ensure that it wasn't. HTH
I'll be inclined to let them fit the gearbox first.
Update the software for the Engine and gearbox.
One's no good without the other.
And ask them to carry out the gearbox adapation's (Up and Down Shifting) very carefully and precisely(This is where most problems can be solved).
If this fail's then have talk's about replacing the vehicle.
Good Luck
Update the software for the Engine and gearbox.
One's no good without the other.
And ask them to carry out the gearbox adapation's (Up and Down Shifting) very carefully and precisely(This is where most problems can be solved).
If this fail's then have talk's about replacing the vehicle.
Good Luck
They already updated the software which they thought would cure the problem - it actually made it worse! The problem is most acute in certain conditions - we live in a valley and drive uphill to even leave our premises - the car shifting to low gears at the top of any hill is at its worst. It has taken until now for Mercedes to actually see the problem for themselves - they took the car in and "road-tested" it at high speed on a fast rosd - waste of time because it doesn't have a problem at high speed! The "software update" worsened the problem but at east made it apparrent so they could see it for themselves!
1). Check the oil level in the gearbox very critical.
(Best done cold and let it warm up to the correct temp driving it to the Dealer/Workshop will get the temp over the required limit if need be leave it there overnight).
2). Update the engine software if needed then after the Gearbox in that order.
Ask them have they got the latest update's on the Star machine/Computer
3). Carry out the gearbox adaption's very very carefully.
If need be take them on a test drive with you driving showing when and where the problem's arise's.
(Best done cold and let it warm up to the correct temp driving it to the Dealer/Workshop will get the temp over the required limit if need be leave it there overnight).
2). Update the engine software if needed then after the Gearbox in that order.
Ask them have they got the latest update's on the Star machine/Computer
3). Carry out the gearbox adaption's very very carefully.
If need be take them on a test drive with you driving showing when and where the problem's arise's.
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