Lemon Law attorneys accept my case, now we proceed
Call a call today from lemon law attorney. these guys only accept a case if they know they can win the case or else they will not accept it. i went through these same guys about 8 months ago and they declined my case. well after 6 times at the dealer and still no resolution i re-faxed all of my new repair orders and they accepted my case after reviewing it for 2 weeks. under a fee shifing provision they would charge mb their attorney fees, charge me $220 plus whatever mb wants to charge me for use of the vehicle and also a charge for a ASE certified tech to test drive the vehicle during the case.
they tell me i would get my downpayment & all payments i made on the vehicle on financing.
the only downfall would be the mileage, here's how they calculate it:
Accept return of the motor vehicle and refund to the consumer and to any holder of a perfected security interest in the consumer's motor vehicle, as their interest may appear, the full purchase price plus any sales tax, finance charge, amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use. Under this subdivision, a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motor vehicle by a fraction, the denominator of which is 100,000 or, for a motorcycle, 20,000, and the numerator of which is the number of miles the motor vehicle was driven before the consumer first reported the nonconformity to the motor vehicle dealer.
how would i figure this out? i had 993 miles on my 1st service repair visit. per this statement above "and the numerator of which is the number of miles the motor vehicle was driven before the consumer first reported the nonconformity to the motor vehicle dealer." it says i need to know the miles of my 1st service repair visit.
RE: Lemon Law attorneys accept my case, now we proceed
Okay, djdragon, I think I understand this. The numerator is the top number, in your case 993, the denominator is the bottom number 100,000 this gives you a multiplier of .00993 times the cost of the vehicle say $45,000 = $446.85.
So if this is right, the dealer gets $446.85 of the full purchase price back. Sounds like you'll make out like a bandit. [:)]
__________________
Andy
2006 ML350
723 - Pewter, 104 - Macadamia Interior, H04 - Brown Birds Eye Maple Wood, 167 Standard Non-Sport Pkg, 317 Comfort Pkg, 318 - Trim Package, 319 - Lighting Package, 320 - Entertainment Pkg, 324 - Sunroof Pkg, 580 - Std. Climate Control, 873 - Heated Front Seats, 890 - Power Liftgate, Navigation System, iPod interface kit
Modifications:
Added: Chrome Door handle cups, MB Twin Spoke 5-Spoke 18" wheels and tires
RE: Lemon Law attorneys accept my case, now we proceed
I think Andy is correct.
I don't know about Wisconsin, but in California you also have the option of recieving a totally new vehicle. The choice is the purchasers (yours).
My sad commentary is that despite how bad the MB ML is in quality, there are few other SUVs that are considerablely better. The obvious exceptions are Toyota and Lexus SUVs and the Acura MDX.
Do a search on my previous post from about a month ago. I put some links in my post to California's lemon law. The CA site included some user friendly guidance, which also provided a description for how to calculate residual values. My recollection is that it was the same as what you put in your post, but explained a little differently (easier to understand).
RE: Lemon Law attorneys accept my case, now we proceed
DJ,
I hope that your attorney(s) have had previous experience dealing with MBUSA. My lemon law attorney did not, and in retrospect, I should have checked him out before I signed up.
RE: Lemon Law attorneys accept my case, now we proceed
Hi,
I know your pain. I helped a friend take Dodge to Arbitration here in California last year. My Friend owned a Durango with hesitation problems and after 10 trips to the dealer Dodge recommend that the engine be rebuilt. My friend and I came to the conclusion that Dodge and the Dealer were crazy.
After we filed our paperwork (did not hire a Lawyer) with the California Arbitration Board my friend’s phone started to ring off the hook. It seems that we had a very solid case and Dodge was stopping at nothing to settle before the Arbitration board decided on the case.
My friend and I started to scratch our heads as to why all of a sudden has Dodge want to settle the case as to just keep giving us the run around? As it turns out here in California if the Arbitration board decided in our favor than not only would Dodge pay us fare market Retail value for the Durango, the Durango would have to be scraped and could not be resold. Which meat Dodge had to pay us than scrap the car. A lose lose situation for them.
So after what seem several hundred phone calls my friend decided on the cash offer from Dodge. Which I would say was very generous.
In your situation I would bet that if MB got a qualified person to look into your problem they could easily fix the problem. Your kind of hesitation can be caused from anything from a lose wire to a sensor not working correctly. All it takes is someone with the know how and determination to dig in until the problem is identified and fixed.
I owned a 1991 Jeep, which had a similar hesitation problem. After getting a hold of a schematic and sitting down on a quite Saturday I discovered (after about an hour) that I had a defective pin in the wire hardness, which powered the fuel pump. I would bet that your problem is something simple. These problems always turn out to be something simple.
RE: Lemon Law attorneys accept my case, now we proceed
all that i will say, this is my 1st MB & my last. the worst experience I have ever ever had in the 15 vehicles I have owned and driven. very poor quality and horrible customer service. i just hope all works out well in the buyback process.
as far as the lawyers go lemon law is all that they do. please rememeber they declined to even accept my case this winter since it was only the 3rd time i brought my vehicle in to try and fix the hesitation problem. since i had it in 6 times now within 1 year with changed engine parts, etc....and no help from my dealer or MB the lawyers have now accepted my case since they only accept cases they can win. they are giving MB 15 days to respond to their request before taking further action. under a fee shifting provision by law all lawyers fees are paid by MB. as stated above i would probably pay a few hundred dollars on everything said and done with the court costs
all i can say is i was sold a defected MB, either fix it under warranty, exchange it or give me my money back.
about your hesitation problem - looks like I guessed correctly.
Seems to be a few people posting about hesitation problems and there maybe an under lying problem - although going by MBUSA's past performance they'll say it's normal.
Hopefully it won't take a serious accident before they take complaints / defects such as this seriously.
Good luck and keep us posted regarding progress...
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