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-   -   MB class action suit for real??? (http://www.peachparts.com/shopforum/diesel-discussion/223232-mb-class-action-suit-real.html)

billhard 05-25-2008 09:22 AM

MB class action suit for real???
 
Hi all....So I was ogling a nice 300TD on ebay:

http://cgi.ebay.com/ebaymotors/1985-Mercedes-300TD-Turbo-Diesel-WAGON-NEAR-MINT_W0QQitemZ230255237418QQihZ013QQcategoryZ6330QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

When i noticed someone had submitted a question, well more of a statement which is as follows:

Greetings sir; As an owner of a California model 300d, here in Tucson, you might point out the lifetime warranty on the motor and turbo. MB lost a class action lawsuit years ago and has to honor this issue as long as the car is running. I had the turbo replaced, without cost because of this lawsuit. Have a great day, and good luck with your auction. Jim, Tucson.


So I have search lawsuit and class action with no result is there any truth to this?

Craig 05-25-2008 09:28 AM

It sounds like the trap oxidizer issue (applicable to '85 california cars only) where they will replace the trap oxidizer (along with the turbo, I believe). AFAIK, there is no "lifetime warranty on the motor" associated with this.

Cervan 05-25-2008 09:47 AM

Quote:

Originally Posted by billhard (Post 1865209)
Hi all....So I was ogling a nice 300TD on ebay:

http://cgi.ebay.com/ebaymotors/1985-Mercedes-300TD-Turbo-Diesel-WAGON-NEAR-MINT_W0QQitemZ230255237418QQihZ013QQcategoryZ6330QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

When i noticed someone had submitted a question, well more of a statement which is as follows:

Greetings sir; As an owner of a California model 300d, here in Tucson, you might point out the lifetime warranty on the motor and turbo. MB lost a class action lawsuit years ago and has to honor this issue as long as the car is running. I had the turbo replaced, without cost because of this lawsuit. Have a great day, and good luck with your auction. Jim, Tucson.


So I have search lawsuit and class action with no result is there any truth to this?

sounds like a setup to sell the car.. yes the trap ox is a real thing, but its not a "warranty" if your engine is destroyed after they replaced the trap ox its not there fault and they will not replace it.

charmalu 05-25-2008 10:43 AM

Once MB replaces the trap, the new one will never have to be replaced because they have been redesigned. the old ones had to be replaced something like every 30000 mi.

Had ours replaced 11 yrs ago when we first bought the car, it was real doggy. really improved the performance, but not like it improved after we converted to federal set up.

use to get 24 maybe on the hwy, now get 27 to 30 mpg. haven`t quite hit 40mpg like the ones on e-bay:D

new one will have 126 490 34 14 for the part#

Charlie ☺

Hatterasguy 05-25-2008 11:34 AM

It shows how well taken care of the car was at this point, it hasn't returned to a dealer for jack its whole life.:rolleyes:

bustedbenz 05-25-2008 05:49 PM

Quote:

Originally Posted by Hatterasguy (Post 1865278)
It shows how well taken care of the car was at this point, it hasn't returned to a dealer for jack its whole life.:rolleyes:

In the last 20 years we've only bought two cars from a dealership. Neither one of them ever saw the dealership or any other shop again, except for air conditioning - and I wouldn't be afraid (as a buyer) to buy one of our cars (since I know we maintained them).

Hatterasguy 05-25-2008 09:04 PM

MB's should see the dealer. Only cheap SOB's buy a $60k++ car and try to skimp on service by going to a local shop. I can see after its older but for the first few years nope. I know their type quite well.

Just like my Grandfathers attorney who bought a 300SD new and never popped the hood for 30k+ miles.

Craig 05-25-2008 09:13 PM

Quote:

Originally Posted by Hatterasguy (Post 1865558)
MB's should see the dealer. Only cheap SOB's buy a $60k++ car and try to skimp on service by going to a local shop.

Actually, if I had a new one I would still take it to my indy, who is probably just as well equipped as the dealer (and I trust him more). Unfortunately, he's not any less expensive than the dealer.

Hatterasguy 05-25-2008 09:14 PM

He probably couldn't fix it, does he have the SDS system?

I'm generalizing but, I have seen it time and again.

Craig 05-25-2008 09:24 PM

Quote:

Originally Posted by Hatterasguy (Post 1865572)
He probably couldn't fix it, does he have the SDS system?

I'm generalizing but, I have seen it time and again.

Actually, I believe he does have SDS (but I don't own anything that needs it). He just bought a hunter alignment machine with all the benz software (which apparently required some kind of authorization from MBUSA and cost a pile of cash). He seems pretty serious about having the same capability as the dealers.

Hatterasguy 05-25-2008 09:25 PM

Wow thats impressive! Those machines are very expensive and require a lot of money each month to keep.

Craig 05-25-2008 09:36 PM

Quote:

Originally Posted by Hatterasguy (Post 1865583)
Wow thats impressive! Those machines are very expensive and require a lot of money each month to keep.

He told me he got sick of sending work to the dealer because he couldn't handle it. He has a pretty nice facility and a half dozen experienced techs. Last time I was there he was working on a Brabus K8, a very nice W109, and a bunch of "normal" cars:

http://startechmercedes.com/about-star-tech.htm

Hatterasguy 05-25-2008 11:13 PM

Wow! Impressive!

Whats the story on your new engine?

Craig 05-25-2008 11:49 PM

Quote:

Originally Posted by Hatterasguy (Post 1865683)
Wow! Impressive!

Whats the story on your new engine?

Still messing around with the engine project; last week I had a line on a reman for a "to good to be true" price that turned out to be non-existent (big surprise), now the same folks are trying to sell me a used engine with low mileage, 325 psi compression "across the board", a "to good to be true" parts and labor warrantee, and a promise to take it back (free shipping) if I don't want it. I had them ship it to my indy so he can check it out next week. I guess I'll have him install it if it checks out as claimed. This might be a mistake, but it was lots cheaper than a metric reman and I got greedy. I will be very annoyed at myself if I get this thing installed and it turns out to be a POS, labor warrantee or not.

We'll see how this all works out, I still don't know which engine I'm going to end up with. Maybe I'll get lucky and this used one will be as advertised and last another 300K miles; and maybe I'll win the lotto (if I ever bought a ticket).

Brian Carlton 05-26-2008 11:55 AM

Quote:

Originally Posted by Craig (Post 1865714)
I had them ship it to my indy so he can check it out next week. I guess I'll have him install it if it checks out as claimed.

I'm confident that you made the right decision........with the proviso that the compression figures check out. The cost per mile of this engine is a fraction of the cost per mile for a new engine. The reliability might be slightly less, however, a fellow who accepts the reliablilty of an engine with 350K for extended trips will probably be OK with this one.;)

Craig 05-26-2008 12:04 PM

Quote:

Originally Posted by Brian Carlton (Post 1866052)
I'm confident that you made the right decision........with the proviso that the compression figures check out. The cost per mile of this engine is a fraction of the cost per mile for a new engine. The reliability might be slightly less, however, a fellow who accepts the reliablilty of an engine with 350K for extended trips will probably be OK with this one.;)

We'll see; if I end up stuck in the middle of no-place because I was being cheap, I will be very annoyed with myself. Hopefully, this will turn out to be a good engine and I will be back on the road within a week, or so. I have to travel to DFW and SoCal in a few weeks, so that will probably be the first real test drive.

Brian Carlton 05-26-2008 12:13 PM

Quote:

Originally Posted by Craig (Post 1866058)
We'll see; if I end up stuck in the middle of no-place because I was being cheap, I will be very annoyed with myself. Hopefully, this will turn out to be a good engine and I will be back on the road within a week, or so. I have to travel to DFW and SoCal in a few weeks, so that will probably be the first real test drive.

Of course it is possible to be stranded by an engine. However, provided that the chain and guides are in decent shape and the engine has received timely oil changes, the risk is fairly remote.

I'd spend a bit of extra money to have the mechanic really go through the engine..........specifically chain and sprockets..........in an attempt to make some kind of intelligent decision regarding past maintenance practices. Granted, it's still a crapshoot..........but, for your needs, you've got to make the attempt.

I'd also pull the injectors and have them checked for pattern, balance, and leakoff.

How many miles is claimed for it?

Craig 05-26-2008 12:25 PM

The claimed mileage is about 150, but I have no way to verify it.

I do plan on having the engine "resealed" before it's installed anyway, because I don't want to spend the next year chasing oil leaks. That will be a good opportunity to take a look at the chain, sprockets, and guides (as well as the oil pan). That (and the compression/drop test) should give me some confidence in the actually mileage/condition. I will probably want to hear it run before I play with the injectors. Also, I need to decide if I want to transfer my (relatively) new IP to this engine or just keep it as a spare.

babymog 05-26-2008 10:05 PM

I bought my first one in '91, for a tick over $74,000, took it to the dealer until they couldn't fix the backfiring and stalling problems, then started taking it to an indy (who fixed it). I haven't bought an M-B new since, nor have I been to the dealer since. Had the same problem with a new Jetta in '85, took it to an indy while under warranty to get it fixed properly (coincidentally, the VW dealer is also the M-B dealer here).

Some dealers are worth visiting, others are the reason Lexus exists.


Quote:

Originally Posted by Hatterasguy (Post 1865558)
MB's should see the dealer. Only cheap SOB's buy a $60k++ car and try to skimp on service by going to a local shop. I can see after its older but for the first few years nope. I know their type quite well.

Just like my Grandfathers attorney who bought a 300SD new and never popped the hood for 30k+ miles.


Brian Carlton 05-26-2008 10:35 PM

Quote:

Originally Posted by Hatterasguy (Post 1865558)
MB's should see the dealer. Only cheap SOB's buy a $60k++ car and try to skimp on service by going to a local shop. I can see after its older but for the first few years nope. I know their type quite well.

What if the dealer is M/B of Fairfield? Still think that every MB should go there? Why would I go there and get ripped off?

If I have an indy that is competent and trustworthy, what possible benefit could a crooked dealer offer me?

Your generalizations are have no basis in reality.

bustedbenz 05-26-2008 10:40 PM

Quote:

Originally Posted by Hatterasguy (Post 1865558)
MB's should see the dealer. Only cheap SOB's buy a $60k++ car and try to skimp on service by going to a local shop. I can see after its older but for the first few years nope. I know their type quite well.

What if "their type" is somebody who knows what they're doing, follows the service schedule precisely as it's printed in the manual, does everything properly and completely, and doesn't really feel like throwing part of a finite money supply into something that doesn't necessarily need it?

If there's something that's beyond the mechanical skill of the owner? yes, they should go in for the service.

If it's a DIY person who can get the knowledge to maintain it just as well and needs to save that cash for something else? I see absolutely nothing wrong with that.

Hatterasguy 05-26-2008 11:08 PM

I have been very happy with MB or North Haven, they are probably number 2 in the state though. Supposidly MB of New London is the best. My friend just had them do $2,300 worth of work to his E300D and they did a wonderfull job, even giving him an E350 as a loaner.

I think your confusing them with MB of Fairfield who are crooks.


Their is no reason to have a trap ox on one of these at this point. If there shop was so good they should have heard of the recall.

Brian Carlton 05-26-2008 11:10 PM

Quote:

Originally Posted by Hatterasguy (Post 1866591)
I think your confusing them with MB of Fairfield who are crooks.


Exactly. I'll edit the original post.

beena77 05-27-2008 04:06 PM

I am the shmuck selling that gorgeous wagon...
 
Hi guys!!!
I am the seller of that gorgeous wagon, and the idiot who posted that info on the description before verifying it. I was very naive when I posted that email from the gentlman who gave me that supposed warranty info. I called Mercedes this morning, and they have never heard of this warranty. I also contacted MBCA and someone is also checking on their end.
I will update you if I get any further info.
p.s. Cervan, no it was not a setup to try and sell the wagon... it was an honest mistake on my part. anyways, if you look at the pictures, you will see that this wagon doesn't need any help.... ;)
Regards,
Sabina

bgkast 05-27-2008 04:11 PM

Gasp! A used engine Craig?!?!

Just kidding buddy. ;)

tetovari 05-27-2008 04:34 PM

careful of links in a message: phishing scams !!!

dieseldiehard 05-27-2008 04:37 PM

Quote:

Originally Posted by beena77 (Post 1867212)
Hi guys!!!
I am the seller of that gorgeous wagon, and the idiot who posted that info on the description before verifying it. I was very naive when I posted that email from the gentlman who gave me that supposed warranty info. I called Mercedes this morning, and they have never heard of this warranty. I also contacted MBCA and someone is also checking on their end.
I will update you if I get any further info.
p.s. Cervan, no it was not a setup to try and sell the wagon... it was an honest mistake on my part. anyways, if you look at the pictures, you will see that this wagon doesn't need any help.... ;)
Regards,
Sabina

Thanks for being up front and telling us you were misinformed. If I were the seller I would put some disclaimer on eBay that the previous emails were not necessarily meant to imply there is a lifetime warranty (and say there isn't one!).
PS. The beauty of your car does speak for itself. I have a Federal '85 300TD, it's the same color as yours but the body and interior are no where near as nice as yours. I am watching of course to see what the final price will be and maybe I'll feel better about fixing mine up before I put it on the auction block ;)

I believe the '85s drive better, shift better and feel stronger than previous years, even though the '85 transmission is not as large and has a history of failing sooner than previous transmissions, still 1985 marked a great ending to the 123 chassis.
DDH

beena77 05-27-2008 05:10 PM

Hi Mr. dieseldiehard,

Yes, you should fix up the interior of your wagon... but it doesn't come cheap, but I still think it is worth it. The carpet alone looks amazing.

I absolutley posted an update as soon as I found out about the warranty claim being bogus! That was the first thing I did.

Thank you :)
Sabina

Craig 05-27-2008 08:26 PM

Quote:

Originally Posted by bgkast (Post 1867215)
Gasp! A used engine Craig?!?!

Just kidding buddy. ;)

Don't ask, I'm still not convinced that I didn't get talked into a bad decision. The engine should be delivered Wednesday, then I'll have a better idea what I've gotten myself into. :confused:

Brian Carlton 05-27-2008 08:28 PM

Quote:

Originally Posted by Craig (Post 1867399)
Don't ask, I'm still not convinced that I didn't get talked into a bad decision. The engine should be delivered Wednesday, then I'll have a better idea what I've gotten myself into. :confused:

At the moment, you're not into anything. If it doesn't fully check out........ship it back. No harm.

rcounts 05-27-2008 11:14 PM

I don't mean to hijack, but I have a question I simply MUST ask - but it isn't worthy of a new thread.

I keep seeing people referring to "my indy" this or "my indy" that....

WHAT THE HECK IS AN INDY? Obviously it is a mercedes mechanic, but what is "indy" short for - other than Indiana Jones? :D

Narcoleptic 05-27-2008 11:37 PM

Quote:

Originally Posted by rcounts (Post 1867522)
WHAT THE HECK IS AN INDY? Obviously it is a mercedes mechanic, but what is "indy" short for - other than Indiana Jones? :D

Independent.

Craig 05-28-2008 12:09 AM

Quote:

Originally Posted by Brian Carlton (Post 1867400)
At the moment, you're not into anything. If it doesn't fully check out........ship it back. No harm.

True, but I've already invested a week in this thing. I'm really hoping it checks out OK so I can get the car back on the road and stop messing around (I want to drive it to San Clemente in a couple of weeks). They are promising delivery tomorrow, so I think I will go take a look. With any luck it will be back together by early next week so I can drive it around a little before I go out of town. Otherwise, I will be waiting another week.

Brian Carlton 05-28-2008 12:13 AM

Quote:

Originally Posted by Craig (Post 1867576)
Otherwise, I will be waiting another week.

Even if you waited a month............it's preferable to accepting a mediocre engine and suffering with it for the next 100K miles...........the only benefit you'll get for that money is a much higher post count.;)

Craig 05-28-2008 08:34 AM

Quote:

Originally Posted by Brian Carlton (Post 1867581)
Even if you waited a month............it's preferable to accepting a mediocre engine and suffering with it for the next 100K miles...........the only benefit you'll get for that money is a much higher post count.;)

You're right, I'm just getting bored and frustrated with the whole process.


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