Thanks to all messages and support

I have some more info to add

My claim was for £5000 (going over 5K would have put the cost up considerably)

The District Judge has allocated the claim to Small Claims Track

My Costs so far have been,
Issue Claim Summons £100
Allocation Fee £40
Hearing Fee £325

I have spoken to and been to see a number of garages on this matter.

One garage just refused to look into MB CVT boxes because it is apparent the the CVT is locked out to the aftermarket repairs. In additiion one cannot just buy a gearbox from a write-off because the electronics locks out any replacement box.

Another garage stated that there were 2 specialist tools needed to be used to strip the CVT box. These tools although initially available are now no longer available to the aftermarket repairiers.

Generally, the impression I got talking with them is that these boxes are notoriously difficult to repair and that MB appear to want to monopolize the aftermarket repairs.

thanks for your message

Yes the CVT oil was changed by MB at the last service. They also reported that they no signs of metal fragments to indicate the gearbox was disintegrating. Ordinarily, the box seems to function ok with the exception of the continuous whiring noise

The court has directed me to provide an experts report on the satisfactory quality and fitness for purpose of the CVT gearbox. And on the life time of such a car.

Can anyone help?

I have seen reports by these people get results:-

http://www.vehicle-inspections.co.uk/

MB have now inspected the vehicle and have confirmed that the gearbox needs replacing.

The cost of replacement is just over £5200 including VAT

They have made an offer of contributing 50% of the cost as a goodwill gesture.

I have rejected this offer on the grounds that had the gearbox failed 6 months earlier, they would have had to replace it at no cost to me

I have asked the question as to how long should an automatic gearbox in a B Class last?

I have also stated the this particular gearbox is not fit for the purpose intended.

Lets see what happens, I will keep you posted.

MB have now decided to telephone arbitration.

I am hoping they will agree to a complete replacement of the gearbox at no cost to me.

We now have had the arbitration

1. Arbitrator stated the MB had no obligation to fix the problem as it was out of warranty

2. I stated that the car being out of warranty was not an absolute defence

3. MB confirmed that as a good will gesture they carried out a diagnosis and found the gearbox was faulty. However they were not obliged to prove how or why this had happened. It was up to me to prove that.

4. Arbitrator stated that I had yet not suffered a financial loss

5. I stated that I now had an asset which was not fit for purpose intended

6. Arbitrator stated that I would need to have the gearbox dismantled to ascertain the precise nature of the fault and why this fault had developed. This is what the judge needs. I would need to prove to him of a premature failure of a bearing or whatever.

7. Arbitrator stated that MB could not be sure how the vehicle had been driven since I purchased it.

8. Arbitrator stated that I would need to prove that the fault with the gearbox existed when I purchased the vehicle.

9. MB would not budge on the offer of 50% contribution towards the fixing of the vehicle.

I stated that if the gearbox had failed 6 months earlier, then MB would have had to replace it FOC

All in all I felt the arbitrator seemed to want me to take up their offer.

She put in a lot of negative comments relating to what the Judge will want at the full hearing, and that I would probably fail in my claim

So that's were we are.

Court hearing at the end of August.

Court Hearing today 23rd August

I won the case with MB to pay me the Claim (£5000 + £465 Costs)!!!

The judge ruled that MB did not provide any expert witness to justify that there was no fault with the gearbox when I purchased the vehicle.

The Judge relied on my expert witness letter.

MB tried to rubbish my expert witness report and the Judge would have none of that

MB tried to settle the case before the hearing offering to pay 53% of the cost of repairs and I pay 43%. I rejected that and offerred £1000 which MB rejected.

I now have a B Class with a faulty gearbox and have lost trust with MB.
I cannot give it to them to repair the same.

Might try to sell it in the Auction with a specified fault.

I have read bad reports of online car buyers. They offer a lot online and when one takes the car to them, they will find all sorts of reasons to reduce the offer by 50%

Any suggestions welcome
I will try to get MB to take the car off me.

Skidplan,

Sorry 53% should have been 57%.

Thanks to all who responded.

We haven't heard from Auni Jaffer for over a year, so we probaby won't now.

Sorry, I have read your post
Happy to provide you details

Claim No 3QT13015, Staines County Court.
Make sure you get an engineers report.

Any further info needed please contact me.

Hi Wayne. I have replied to your message. Should you require any further info, please contact me.

And thanks to the OP for responding to the new enquiry, I think some credit be extended - not everyone comes back to the forum with a result or is prepared to help with other similar situations.