Bad transmission installed in 300D, what recourse do I have? - Page 2 - PeachParts Mercedes-Benz Forum

Junkman · #16 07-03-2008, 11:11 PM

" He's already stated to me he has no intention of honoring the warrentee"

1. Document that it doesn't work. 2. Dispute it with the credit card co. (Best chance of actually getting $$ back. Don't waste time. Do it now there's a limit.)
3. Spread his name associated with poor workmanship around town in attempt to ruin his business. (Won't do much - cheap sells but you may feel better.)
4. Pressure him into returning your cash. (Probably won't work & wastes your time but worth a shot.)
5. Beat the snot out of him.
6. After the above, Forget it & get your tranny fixed. Life is too short.
Attorney fees are a waste of $$ unless you know he has some cash. Incompetent mechanics are usually broke.

nhdoc · #17 07-04-2008, 06:10 AM

Quote:

Originally Posted by Junkman

" He's already stated to me he has no intention of honoring the warrentee"

Right, and we also know he is a liar, so what do you think he will tell the CC company. He'll say

1) the car drove fine and the customer left happy.

2) He'd be more than happy to resolve any problem that came up after the customer left.

3) He knew nothing of this customer's problems after he left and was never given a chance to fix it.

Then the CC will be in the position of a judge, it is your word against his and they will side with him because the burden of proof is on you and he will say everyone who works in his shop will back him up on it and the customer is just trying to get something for nothing.

Look, I am trying to give you advice as to the best way to assure you will get your money back. Small claims court can be a useful tool, you don't need an attorney and the fees to file are usually around $25-$50. But, the problem is you need to be able to prove not only that his work was poor but that you gave him every opportunity to make it right before you would be entitled to a refund. It would be useful if you had documentation for every time you had to go back but I bet you don't have anything to prove each return trip. The burden of proof is on you, not him.

Unless you have all of your ducks in a row you may land up paying to have the job done twice. Of course, that is a life lesson in itself...so maybe some people do just have to learn for themselves. I'm not saying you can't win with what you have, I am just saying you will have the best chance of winning if you follow my advice. Good luck!

Just remember, the burden of proof is on you...if you don't know what that means look it up. http://en.wikipedia.org/wiki/Burden_of_proof

Sterling30 · #18 07-29-2008, 11:29 AM

I appreciate all the advice given, What I have done first was contact the BBB who the mechanic refused to answer. They referred me to the State Attorney General office where the lady I spoke with was very helpful and stated they've had prior dealings with the shop that did the sloppy work in the past and she sees the matter being resolved. My CC company has also indicated that a full refund is probable due to the history of this repairshop but that still has to happen first.

I'm reasonably sure everything will work out alright, I should know for certain in the coming 2-3 weeks.

kerry · #19 07-29-2008, 11:38 AM

It would be helpful to know what the transmission problem was to start with and what the transmission problem is now. Lots of people think MB transmissions have failed when the issue is one of adjustment. So, if you could describe your original symptoms and your current symptoms it might help solve the mechanical end of the problem.

Sterling30 · #20 07-29-2008, 12:00 PM

Originally it wouldn't get up to highway speed in any reasonable time frame and was unsafe to operate on anything other than secondary roads for short distances.

After the transmission would not shift up unless you took your foot off the accelerator which then it would shift very hard causing additional stress on the drive shaft and rear end, which there may be some additional damage to now, not to mention the replaced trans leaks fluid as well.

It's been analyzed and the current trans is damaged and has to be rebuilt. And since the bottom plate had to be switched from another one there is every reason to believe it was known it was a damaged unit before it was installed.

It's just a bad trans that never should have been put in the car.

kerry · #21 07-29-2008, 12:35 PM

I hate to be the bearer of bad news, but your original symptoms were not symptoms of a failing transmission unless the failure to get up to highway speed was a result of the transmission slipping. The hard shifts are symptomatic of a maladjusted transmission control system, either the vacuum, the bowden cable if it has one, or the kickdown switch. Hard shifts are evidence of a good MB transmission. Flares or slipping between shifts are sometimes symptomatic of a bad transmission but are also typically caused by poor adjustment.

Failure to get up to highway speed quickly is typically a result of false expectations, plugged fuel filters or problem with the turbo boost if it has a turbo. Given the fact that yours is a non-turbo which is designed to start in 2nd gear, if you haven't driven old MB diesels before, I'm making a guess that what you were experiencing as slow acceleration may have been normal.

What are the symptoms with the current transmission?

Sterling30 · #22 07-29-2008, 01:59 PM

It failed to get up to highway speed in a reasonable time (like 20 minutes) and maintain that speed because the transmission was slipping so badly, as made known to me by the person I bought the car from before I bought it.

The original transmission was bad as is the one that is now in the car, end of story.

dannym · #23 07-29-2008, 02:07 PM

I think it's great that you have documented the problems with the BBB and the State Attorney. Now if the 30 day warrantee period expires he still has to honor it.
Instead of talking to him I would send him a certified letter stating your intestions to either have the transmission repaired properly or your going to sue him.
Give him a resoneable time to reply, maybe 10 days. If you don't hear from him start the legal process.

Danny

Sterling30 · #24 07-29-2008, 02:32 PM

I'm being guided through the process by a rep from the office that deal with these type of matters and again they have this shop on file from previous complaints.

The bottom line is I did not agree to have a damaged transmission pulled out of a junkyard, pieced together with another one and installed in my car.

Hopefully the case is resolved the way it should be. I'll let you all know how it eventually turns out when that happens. Thanks again for the help.

kerry · #25 07-29-2008, 03:01 PM

I looked at your other thread on this transmission topic. In there, you write that the problem with the transmission that was installed by the mechanic was that it would not shift unless you let up on the accelerator. This is an adjustment problem associated with the linkage that controls shift points. If the 75 is like my former 77, that linkage is on the right side of the engine running from the valve cover down thru the intake manifold area. It's related to the same problem that you describe in the original transmission, hard slamming shifts. It sounds as if someone has replaced the transmission but no one has yet taken the effort to adjust the way it shifts.
Did you ever get the fuel line rerouted so that it goes thru the primary filter and lift pump before entering the secondary filter?

Sterling30 · #26 07-29-2008, 05:27 PM

Quote:

I looked at your other thread on this transmission topic. In there, you write that the problem with the transmission that was installed by the mechanic was that it would not shift unless you let up on the accelerator. This is an adjustment problem associated with the linkage that controls shift points. If the 75 is like my former 77, that linkage is on the right side of the engine running from the valve cover down thru the intake manifold area. It's related to the same problem that you describe in the original transmission, hard slamming shifts. It sounds as if someone has replaced the transmission but no one has yet taken the effort to adjust the way it shifts.
Did you ever get the fuel line rerouted so that it goes thru the primary filter and lift pump before entering the secondary filter?

You forgot that the newly installed trans that that came out of a junk yard and was was cobbled together with another one is leaking fluid also. I supposed I can have it dropped and replace whatever seals are leaking and when that problem is fixed then we'll try your advice and see if it really needs to be rebuilt or not.

Again, it's already been independently analyzed by competent Mercedes mechanics and we have the verdict. The trans is junk and needs to be completely rebuilt.

Have a good day.

Sterling30 · #27 08-13-2008, 11:31 AM

Looks like a happy ending of sorts. The shop that botched the job has agreed to refund the total price charged.

Praise The Lord for the State Attorney General's Office.

Oracle12345 · #28 08-13-2008, 04:09 PM

Quote:

Originally Posted by Sterling30

I buy a 75 300d this April knowing I may have to have the transmission replaced which turns out to be the case. I take it to this mechanic 50 miles way who usually does pretty fair work at a fair price. I want the job done right so I ask for a price to rebuild and install the transmission which he quotes $1200 but then sells me on a used transmission guaranteed for $800. (Which he never had, he replaced some seal that he thought was a quick fix and showed me that trans he had replaced with black oil around it, that showed the "'original" trans burned out and the seal would fix the leak, only problem was the fluid was the right color and there was no leak.)

And the test drive after the fist fix was identical to the way it ran when I first brought the car in, he never replaced the transmission, he wanted payment for a complete job he obviously thought there was an easy fix for.

Fast forward 6 weeks later and after 3 more tries the car is supposedly done, the transmission installed now had to have the bottom plate that was removed from another transmission and put on the one currently in my car which is significant to note because the 2nd trans ordered never arrived, it was damaged in shipment and I have reason to believe that's the same one presently in my car.

The bottom line is this. The original estimate went from $800 to $1400, I have 30 day warrentee which the mechanic refuses to honor. The trans leaks fluid and will not shift properly, the cost of a properly rebuilt transmission installed will be $1500 - $1800 which was the original plan in the beginning again.

What rights do I have in this situation? The car will be used commercially come this fall and it can't be used in it's present condition. My credit card co may be able to retrieve the costs once the work is done and I present a new repair bill but that isn't written in stone either.

Any and all suggestion will be appreciated.

I have a rebuilt one for you, let me know

Sterling30 · #29 08-15-2008, 12:26 AM

It's being rebuilt right now at another shop, thanks for the offer anyway.

jbach36 · #30 08-15-2008, 11:15 AM

If you paid by Credit card, you are in much better shape than had you paid cash.

Keep all your documentation. My fear is that if there was a 30 day warranty, and it's not 60 days past and you're still messing around with this guy, he'll say it worked fine for 59 days, but then you tried to bring it back after the warranty period. If it's still within the 30 days, take it to someone else, have them look at it and get papers stating it's not working right.

I would call my cc company right away, so it's on record sooner than later.

I would go to the repair guy, and explain everything like you did here. Never accuse or put words in someone's mouth. Just say, "I'm feeling like you thought you could get $800 for what you thought was an easy fix, then later found out it was problems but it seems like you didn't want to fool with it".

Hear his side of the story, too. Maybe he thought he'd save you money, in good faith, but it backfired on him; the used transmission got messed up.

Good luck.

jeff