Mercedes = Rust

[energysolutions]

Howdy people,

This is my first post so be gentle!

I have a 2002 Mercedes Vito with 140,000 miles. I am the second owner after purchasing it in January 2004. The vehicle has full service history via Mercedes Benz Trained independant garage with reciepts to prove

My problem is rust - lots of it. This is a well known Mercedes problem so when it happened to me I contacted Mercedes Germany and was instructed to visit my local dealer for inspection

The inspection was completed and a "Esculab claim" (complete with detailed pictures) forwarded to Mercedes. Whilst there the guy carrying out the inspection told me that mine was "One of the worst he`d came across" and that there was "clear evidence of paint defects on EVERY panel" which necessitated a full respray - at a cost of £3500!

Mercedes Germany rejected the claim as did the Mercedes UK rep who the dealer spoke with regarding my case. They both turned the claim down with no offer of any kind even for a partial repair despite the report and pictures.

I also own a 2002 VW Golf and 2001 Peugeot 306 with similar miles and neither has any rust despite being used on the same roads, being parked in the same place - does this mean that a crappy french hatchback has superior bodywork to a supposedly premium brand German workhorse?

Question is where do I take my case now - do I need to engage the services of a solicitor?

Thanks in advance

[raydetinu]

Six years old, I dont think you will get much joy now. You try consulting a solicitor to see what they say, but would not hold out much hope. probably cost more in fees than the van is worth.

[Conniff]

I think you are a bit late in your claim, if there was a corrosion warranty these rarely last past 6 years and only the Japanese seem have the confidence in their quality to offer this sort of warranty.

If it is the van they really wont be interested.

Ring the first owner shown in the log book and ask him about anti-corrosion warranty, it's usually transferable if there is one.

A no win no fee solicitor might be a good idea, if they turn it down then you know you have no chance as they only take on cases they know will win and make them money.

[energysolutions]

Originally Posted by raydetinu

Six years old, I dont think you will get much joy now. You try consulting a solicitor to see what they say, but would not hold out much hope. probably cost more in fees than the van is worth.

It is six years old - but has been properly cared for and has never been damaged - surely modern bodywork should last longer than this before looking like it has been washed with acid? My VW of the same age/condition sports ZERO rust - even around the stone chips!

My case is not unique - Mercedes of this era are well known now for bad bodywork - even top of the range £60,000 models are not exempt

I am determined to pursue this issue - why should Mercedes be allowed to turn their back on their shoddy products because they cut corners in the first place

I have decieded to forward a strongly worded letter complete with pictures and a report by a competant bodyshop to Daimler Chrysler UK first and see where that leads

[Conniff]

It certainly should last a lot longer than 6 years. I wonder why the servicing agent or MoT station hasn't brought this to your attention before.
My 10 year old English made car has no rust.

[energysolutions]

Originally Posted by Conniff

I think you are a bit late in your claim, if there was a corrosion warranty these rarely last past 6 years and only the Japanese seem have the confidence in their quality to offer this sort of warranty.

If it is the van they really wont be interested.

Ring the first owner shown in the log book and ask him about anti-corrosion warranty, it's usually transferable if there is one.

A no win no fee solicitor might be a good idea, if they turn it down then you know you have no chance as they only take on cases they know will win and make them money.

The dealer I spoke with openly stated that repairs can be carried out on vehicles up to eight years old with manufacturer defects - so I am well inside that time frame

[Conniff]

You are within the 6 years covered by the soga so you could try invoking that on the not of merchantable quality condition.

[energysolutions]

Originally Posted by Conniff

It certainly should last a lot longer than 6 years. I wonder why the servicing agent or MoT station hasn't brought this to your attention before.
My 10 year old English made car has no rust.

Precisely

The rust (besides the usual stone chips etc) only became noticable in the last 9 months, and progressively more aggressive/noticable in the last 6 months. I have been in contact with Mercedes regarding this issue for the past 3 months

Once I get beyond 5 posts I will include some pictures - they are not pretty

[energysolutions]

Originally Posted by Conniff

You are within the 6 years covered by the soga so you could try invoking that on the not of merchantable quality condition.

Pardon my ignorance but what is a "soga"

Where can I find more info regarding "Not of merchantable quality condition"

Could my vehicle also fall into the category of "Not fit for purpose" due to the sub standard bodywork

I`m just trying to include all the potential angles in my letter

[Conniff]

'Sale of Goods Act' but you would have to change your tack from the manufacturer to the seller.

Sale of Goods Act Quick Facts - BERR

Do you think your photos will be enough to convince a court:

If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something that was the result of normal wear and tear.

What is an inherent fault?
A fault present at the time of purchase. Examples are:
• an error in design so that a product is manufactured incorrectly
• an error in manufacturing where a faulty component was inserted.
The "fault" may not become apparent immediately but it was there at the time of sale and so the product was not of satisfactory standard.

[energysolutions]

Originally Posted by Conniff

'Sale of Goods Act' but you would have to change your tack from the manufacturer to the seller.

Sale of Goods Act Quick Facts - BERR

Do you think your photos will be enough to convince a court:

That is exactly the type of information I was after

Thank you.

[Conniff]

My pleasure es - keep us informed of how it goes please.

I should mention that if it is on finance then the finance company will be jointly liable.

[energysolutions]

Originally Posted by Conniff

'Sale of Goods Act' but you would have to change your tack from the manufacturer to the seller.

Sale of Goods Act Quick Facts - BERR

Do you think your photos will be enough to convince a court:

Opinions?













My personal favourite:



My VW, same age - ZERO rust



This is a selection, there are lots more if anyone feels they would help

[energysolutions]

Originally Posted by Conniff

My pleasure es - keep us informed of how it goes please.

I should mention that if it is on finance then the finance company will be jointly liable.

Sorry, no finance although I may have to sell a kidney to finance a respray if things dont go my way!

[Conniff]

I would have expect Merc to electostatically dip their cars like Rover used to do, if they do then they missed this one.
That is not good - did the examiner give a written report backing this up as well as verbally telling you it is the worse he had seen.

What version do you have, is it the car or van?

If things don't go your way, you wouldn't take it to the dealer for a respray but to a smaller independent bodyshop who do just as good a job (sometimes better) than dealers do.

It might be a good idea to pop into a bodyshop somewhere local and get a rough price for the job without telling them what the dealer has quoted.

[energysolutions]

Originally Posted by Conniff

I would expect Merc to electostatically dip their cars like Rover used to do.
That is not good - did the examiner give a written report backing this up as well as verbally telling you it is the worse he had seen.

What version do you have, is it the car or van?

Is that the same as "Galvanising"

If so Mercedes did not do this and it has been suggested that this is where their problems eminated from

Another theory is that as the vans were built in Spain the quailty of the bodywork/paint is poor and also Mercedes had to change from 2K to water based paint due to H+S reasons and the water based paint is not up to the job

My van (MK1 112CDI Vito) is proof that something is not as it should be..............

I havent got the report but pretty sure I can get it as everyone I have met/dealt with regarding this issue has been most helpful, would it be prudent to also get a second opinion from another MB approved bodyshop?

[energysolutions]

Originally Posted by Conniff

I would have expect Merc to electostatically dip their cars like Rover used to do, if they do then they missed this one.
That is not good - did the examiner give a written report backing this up as well as verbally telling you it is the worse he had seen.

What version do you have, is it the car or van?

If things don't go your way, you wouldn't take it to the dealer for a respray but to a smaller independent bodyshop who do just as good a job (sometimes better) than dealers do.

It might be a good idea to pop into a bodyshop somewhere local and get a rough price for the job without telling them what the dealer has quoted.

If things dont go my way I will have no option but to pay for it myself as it will have to be addressed soon

I have a couple of friends in the trade and have already spoke with one of them but it will