Any Legal Eagles here that can help??
Any Legal Eagles here that can help??
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Discussion

djt100

Original Poster:

1,739 posts

208 months

Friday 11th November 2022
quotequote all
Hi All,

I put my car in to Mercedes for a Recall repair, (Steering Wheel airbag replacement) Mercedes have also updated the engine software and as such the Check engine light is on, they've had the a week now and just called to say the car had a tune on it to stop that light (Telling me the Cats been Removed

Its had proper MOT's and not been flagged, Thay are not telling me i need to pay for repairs.

I've told them I'll not be paying a penny as I did not authorize any other work other than the Warranty Steering wheel repair they are liable for any issues caused due to the unauthorized software update.

Can anyone advise on where i stand on this. they are talking new DPF, Sensor,etc £000's of work that quite frankly i'm not prepared or in a position to pay.

Thanks



Edited by djt100 on Friday 11th November 17:19

andy43

12,574 posts

277 months

Friday 11th November 2022
quotequote all
In! No idea, I’m not a lawyer but I’d guess you should expect your car returned to you in the same condition they received it in. Ask them to put the old software on it. If they can’t, you’ll have to get the “tuners” to reinstall theirs.

Defcon5

6,459 posts

214 months

Friday 11th November 2022
quotequote all
Has it had the cat/cats removed then? If so I suspect you have two options - restore the car to standard or remap it again to stop the check light illuminating.

I doubt you will be able to get Merc to pay for anything, no doubt the small print somewhere states the will perform any necessary software updates to ensure the new airbag works correctly

Bill

57,306 posts

278 months

Friday 11th November 2022
quotequote all
Who did the decat and "tune"? If it genuinely wasn't you, then who sold you the car? If it's got a Merc (presumably extended) warranty, was it them or another Merc dealer???

scratchchin

ETA or was it a recall rather than warranty work?

Edited by Bill on Friday 11th November 16:02

djt100

Original Poster:

1,739 posts

208 months

Friday 11th November 2022
quotequote all
Bill said:
Who did the decat and "tune"? If it genuinely wasn't you, then who sold you the car? If it's got a Merc (presumably extended) warranty, was it them or another Merc dealer???

scratchchin
Quite honestly this i think they are BS'ing me the car was 1 owner from new Dr, Old fella so I'm highly suspicious of this.

I've had the car over 2 year and other than service by a Mercedes Tech its not needed anything.

Its a 2011 E350 CDI so hardly a rocket ship that you would tune.

My take on this is the car was bought in working and should be returned as such simple as,but i'd like some legal advise on to confirm.

djt100

Original Poster:

1,739 posts

208 months

Friday 11th November 2022
quotequote all
Bill said:
Who did the decat and "tune"? If it genuinely wasn't you, then who sold you the car? If it's got a Merc (presumably extended) warranty, was it them or another Merc dealer???

scratchchin

ETA or was it a recall rather than warranty work?

Edited by Bill on Friday 11th November 16:02
Was Recall not warranty, you correct... Sorry I'm currently fuming at this so got that bit wrong

R56Cooper

2,533 posts

246 months

Friday 11th November 2022
quotequote all
Defcon5 said:
Has it had the cat/cats removed then? If so I suspect you have two options - restore the car to standard or remap it again to stop the check light illuminating.

I doubt you will be able to get Merc to pay for anything, no doubt the small print somewhere states the will perform any necessary software updates to ensure the new airbag works correctly
I'd agree, can't see what Mercedes have done wrong. Probably a necessary part of the airbag replacement to ensure software up to date.

Unfortunate if you were unaware of the DPF removal though. If you know who did the removal, they might put the map on again at a discounted fee? I know some other tuners do this.

MustangGT

13,675 posts

303 months

Friday 11th November 2022
quotequote all
djt100 said:
Quite honestly this i think they are BS'ing me the car was 1 owner from new Dr, Old fella so I'm highly suspicious of this.

I've had the car over 2 year and other than service by a Mercedes Tech its not needed anything.

Its a 2011 E350 CDI so hardly a rocket ship that you would tune.

My take on this is the car was bought in working and should be returned as such simple as,but i'd like some legal advise on to confirm.
The previous owner could have had it tuned, a 350 is hardly the cooking model, in fact I believe it is the most powerful diesel variant at the time. My C350 had been mapped to close to 300bhp, not a slouch at all.

Bill

57,306 posts

278 months

Friday 11th November 2022
quotequote all
djt100 said:
Its a 2011 E350 CDI so hardly a rocket ship that you would tune.
It does seem unlikely! hehe

I think you need to get down there (armed with a picture of what the cat looks like) and go over it with them.

Freakuk

4,405 posts

174 months

Friday 11th November 2022
quotequote all
Can't really help on this one, but I'm on a few C63 FB pages and a few of them that have had the recall have since had warning lights appear from what I have seen, obviously different engines but seems odd people are suffering with similar warning lights following this recall.

djt100

Original Poster:

1,739 posts

208 months

Friday 11th November 2022
quotequote all
Defcon5 said:
Has it had the cat/cats removed then? If so I suspect you have two options - restore the car to standard or remap it again to stop the check light illuminating.

I doubt you will be able to get Merc to pay for anything, no doubt the small print somewhere states the will perform any necessary software updates to ensure the new airbag works correctly
If its had the cat removed I wasn't aware, but I'm suspicious of this, just to give a little info

Friday 4th , car went in for Recall work on Steering wheel airbag, 4 hours later car is collected and 2 mins down the road the check engine light comes on, Turn around and drive straight back to the garage, Light turned off and off we go again, 10 mins down the road its back on again. So turn around and told to leave it with them, not impressed as I'm now in Epsom and left to make my own way home 5 miles away, when I asked how I should get home they had no answer. Just Shrugged shoulders at me.

So I'm now without a car all weekend.

Monday I call to chase and end up calling back at 3.30 as no one called. The person I spoke to saying the car needs various items, DPF being one of them the rest I didn't listen to as I explained the situation and said sorry not my problem, you broke it you fix it. Asked for a manger to call me before the end of the day

Monday 5.15ish i get a call not from a manger but from I assume a tech saying the work has been authorised and i should get the car back Thursday or Friday

Thursday AM i get an email from them saying some one would call in the afternoon to update... I Hear nothing.

Today Friday 11/11 I call them at lunch time and get told someone would call me back.

I then get a call from them telling me the work can not be completed as the car has had cat removed form the DPF and i need to pay for the repairs. At what point i tell them the same as i said on Monday when they called, Was working without issue before, so up to them to resolve.

And that where we are now. Waiting...

I've had the car just over 2 yrs no issues at all with it when it went to them




djt100

Original Poster:

1,739 posts

208 months

Friday 11th November 2022
quotequote all
Freakuk said:
Can't really help on this one, but I'm on a few C63 FB pages and a few of them that have had the recall have since had warning lights appear from what I have seen, obviously different engines but seems odd people are suffering with similar warning lights following this recall.
Do you have any links to the groups Please ??

Dingu

4,893 posts

53 months

Friday 11th November 2022
quotequote all
Surely it’s easy to tell if it has a Cat or not. If it doesn’t then I don’t see how it is Mercedes problem.

djt100

Original Poster:

1,739 posts

208 months

Friday 11th November 2022
quotequote all
Dingu said:
Surely it’s easy to tell if it has a Cat or not. If it doesn’t then I don’t see how it is Mercedes problem.
See either way they are meant to health check the car before any work completed , also from my understanding ( google reading) they are meant to replace the Nox sensors before the software update, if either of these items had been completed they would have seen an issue and it could have been highlighted. If I'd then authorised the work it would be on my head. But this work was not authorised, they have not done their due diligence. I'll fight on tis one even if it means standing in reception each day to kick up and stink until its fixed. That'll cost them more than my repairs.

End of the day they should have backup the software before updating, thats basics.

drdino

1,258 posts

165 months

Friday 11th November 2022
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That's not how software updates on automotive ECUs work, they don't backup what's there.

smokey mow

1,340 posts

223 months

Friday 11th November 2022
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It sounds more like the car has had DPF remap/ delete rather than the cats being removed.

djt100

Original Poster:

1,739 posts

208 months

Friday 11th November 2022
quotequote all
drdino said:
That's not how software updates on automotive ECUs work, they don't backup what's there.
According to my Mercedes tech they Should but always bypass them....

Dingu

4,893 posts

53 months

Friday 11th November 2022
quotequote all
djt100 said:
Dingu said:
Surely it’s easy to tell if it has a Cat or not. If it doesn’t then I don’t see how it is Mercedes problem.
See either way they are meant to health check the car before any work completed , also from my understanding ( google reading) they are meant to replace the Nox sensors before the software update, if either of these items had been completed they would have seen an issue and it could have been highlighted. If I'd then authorised the work it would be on my head. But this work was not authorised, they have not done their due diligence. I'll fight on tis one even if it means standing in reception each day to kick up and stink until its fixed. That'll cost them more than my repairs.

End of the day they should have backup the software before updating, thats basics.
Why would they back up a dodgy map? This thread stinks of half information to be honest.

davek_964

10,700 posts

198 months

Friday 11th November 2022
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Assuming the car has been modified - which seems likely - don't forget to notify your insurers....

djt100

Original Poster:

1,739 posts

208 months

Friday 11th November 2022
quotequote all
Dingu said:
Why would they back up a dodgy map? This thread stinks of half information to be honest.
So what do you think I've missed, ? I've put a timeline on further up the tread. That's all of the info nothing more to add??