Multiple repairs to lemon-scented Mercedes-Benz C 350
After multiple repairs, ongoing problems and weeks off the road, does Consumer Law give me any rights? What can I do?
QUESTION
Prior to being aware of your YouTube channel I purchased a 2017 Mercedes-Benz C 350. I have owned it for nearly 18 months and it has travelled less than 17,000 km.
Despite having had only a single service which was slightly earlier on time than scheduled as other items also required immediate attention, I have lost track of the number of times it has been back at the dealership for attention often left for weeks on end.
Whilst most items have been attended to under warranty with a loan vehicle supplied. Matters unable to replicate under their watch remain.
My concern is the significance and frequency of the major faults developed and hence the lack of confidence I now have in the vehicle’s reliability.
I collected the vehicle last week having the thermostat replaced (second time according to the history report) and the steering rack housing washers replaced. Today I reported an auxiliary battery failure warning along with associated non hybrid operation and brake hold functioning.
Previous warranty rectifications have included;
Turbocharger replacement
Subsequent intercooler hose loose upon vehicle collection
Transmission valve body replacement
New transmission control unit
Various fault codes and software updates relating to preconditioning and auxiliary heating.
I feel I should pursue my consumer rights under the ACCC but am unsure where to start and want to keep my powder dry until used. Whilst the repairs usually done, it is the replacement or refund on the basis of reliability, dependability and loss of confidence in the product that I wish to explore.
Should I raise this with the salesman, service department, dealer principle or MB head office? Do I initially do so verbally, face to face or via email? I appreciate it will need to be in writing but is this the most appropriate in the first instance?
If Australia had lemon laws I think this vehicle would meet conditions criteria despite such laws not yet existing.
I would appreciate your advice. - Mark
ANSWER
OK - so it’s pretty clear that if what you say is even halfway true, the car is a lemon.
You don’t really get to pursue ‘your’ consumer rights under the ACCC - the ACCC does not act for individuals. You can make a formal complaint to the ACCC, and they might choose to investigate both the dealer and head office - but they will not be making a claim for you.
The ACCC made some interesting statements about automotive consumer rights in the press release surrounding its decision to sue Mazda for alleged unconscionable conduct and deception.
My report on that is here.
Basically there are triggers in the existing consumer law legislation that entitle you to a full refund of the purchase price, or a replacement vehicle (at your choice). In your case, Mark, you’re a reasonably affluent dude. (You don’t buy a C 350 if you’re on the poverty line…) So if I were you, I would compile a list of the times and durations the car was down for repairs, the extent of the problem, and any correspondence with Mercedes-Benz (dealer or head office) and then plonk myself down in front of your solicitor to decide the best course of action to achieve your objectives.
Basically your initial claim is against the dealer. You have to reject the car by virtue of it breaching the ‘acceptable quality consumer guarantee’ and demand a refund in full. Your solicitor can lay out the procedure and assess your claim in term of the balance of probability of securing a successful outcome if they push back (likely). You’ll also need a ballpark assessment of the costs involved.
Mercedes-Benz is not how people think of the brand - the fantasy and the reality are in my view grossly misaligned. The fantasy is often one of automotive perfection. The reality is too often poor quality, and an anti-consumer culture within both the dealerships and head office - which is exactly why I don’t recommend owning one.
My other piece of advice is: Put everything in writing henceforth - all communications need to be on the record in case push comes to shove. Conversations are too easy to dispute. If you have a verbal conversation (in the service department) sit in the car and make notes. Literally: ‘I said [BLAH].’ ‘They said [BLAH].’ Repeat. Then send the dealership a confirmation summarising what was said and what was agreed. (This is their opportunity to rebut your version of events. If they don’t do this: Good for you, legally.
Good luck.
