[Toobad]

This post is aimed only at UK owners who drive a 2015 - 2018 diesel-engined GLC and have had Recall Notice SRPC1838 requiring them to have the emission defeat software removed. It transpires the two joint-lead legal teams who mounted a UK class action against the VW Group (inc. Audi, Seat and Skoda) have now set their sights on Mercedes.

I received recall notice SRPC1838 early last year and Red Ken duly had the "software upgrade" in the April. It was immediately noticeable that my reported m.p.g. had dropped by 10% and he was now squirting in AdBlue at the rate of a flushing toilet! The legal argument is that the emissions defeat device was installed to falsify the NOx levels to both attain EU approval and impress potential customers and that the removal has brought about both increased running costs and a devaluation in the worth of the vehicle and thus compensation is due.

I think everybody knows that if a bandwagon is leaving ol' Toobad will be the first to jump aboard and bag the seat next to the driver. It will inevitably be a very very long ride but there are still plenty of seats available and an action will only be mounted if there is sufficient uptake and a claim is deemed economically viable. In the first instance you should register your interest with one of the law firms linked below:

Slater + Gordon

Leigh Day

Be aware both these firms are what I would call "Ambulance Chasers", well-known for operating on a No Win - No Fee basis, so if you register with one of them you will no doubt be spammed with other services from them and their affiliated partners. Only you can decide if it is worth the hassle. I've always been in the Don't Ask, Don't Get camp. Here's the SRPC1838 recall notice that underpins your claim:

Will you accept or decline the invitation to join a class action? Feel free to add any comments or observations to the discussion.

 

[Trev H]

I've seen quite a few sponsored ads on Facebook regarding this exact issue! A lot of negative comments with 3 of the aforementioned companies only promising 50% of the compensation awarded minus tax and other fees meaning you get next to nothing whilst the law firms rake it in.

When we bought our GLC, it really wasn't based on its figures, but more so its kerb appeal.

It's ultimately something for nothing, much like the VW scandal, unsure if we can be bothered for the hassle....

 

[Toobad]

Well the vultures are truly circling on all the social media sites now. Here's 3 more websites for the list:

PGMBM

Milberg

Hausfeld

Most comments usually compare these operators to leeches, parasites or perhaps just money-grabbing scum. The way I see it is that somebody is willing to give me a sum of money in return for a minimal amount of effort on my part. This is money for essentially nothing. Yes, I could pretend to be outraged in so much as I was duped into buying the car because of its falsified fuel consumption and emissions declarations but the truth is I bought it because I liked the look of it. If somebody offers to earn me £100 if I then pay them £50 for their work to do so, I am having trouble finding the downside.

In the end I sent my chassis number and Certificate of Software Update to Leigh Day and they verified I was indeed eligible to join the claim.They have been entirely upfront with me. There will be no financial outlay on my part provided I do not withdraw from the action prior to completion and, for their end, they will require 31% + VAT of any compensation awarded to me to cover their outlay. I received very comprehensive documentation detailing my rights, obligations and how the claim would proceed. There is a 14-day cooling-off period from the time you instruct them to act on your behalf. They have not used my details to spam me with other services which may be of interest to me from themselves and their affiliates.

There's no guarantee the claim will be successful or how long it will take to get a ruling so I won't be putting a deposit down on an ocean-going yacht just yet. But at some time in the future an envelope may drop on the doormat, and hey, any day is a good day when you suddenly have more money than yesterday.

 

[Teckno]

Interesting find.
Found German Mercedes site, entered my VIN and...
=================
Link. Aktuelle Maßnahmen
=================
Diesel software update
Affected?
Yes
status
done
The update has already been made for your vehicle.
Further information
At the request of the German Federal Motor Transport Authority (KBA), Mercedes-Benz has been calling for recalls for Mercedes-Benz vehicles with a diesel engine since summer 2018. The recalls include a number of vehicle models.
More information about the recall.
So I had the update done to my car without any real advice from MBAu ???
My guess it was done at my scheduled service.
This might explain increased fuel use or adBlu ‘issue’ with onscreen data info.
I had Google translate the above response on the Mercedes official site – pity MBAu appear not to provide such online service info ???
Nice to know !!!!

 

[Toobad]

I suspect MB Australia decided not to "kick the hornet's nest" by issuing a formal recall notice for the removal of the emissions defeat software. Perhaps, given the number of vehicle sales, they felt it may be possible to fly under the radar. It takes a lot of money to mount a class action so the sign-up of clients has to reach a critical mass to make it viable for the lawyers to proceed. I suspect the numbers are not there to support an Australian action at this time and MBAu probably know this. Of course if we in the UK get a favourable ruling, the precedent set may make it easier for Australian owners to mount a claim for compensation.

 

[Teckno]

Re diesel issue.
Looks like the Sth Koreans are not happy with Nissan, Porsche and, guess who – Mercedes and 12 models of vehicles imported into their country, another series of fines.
http://www.xinhuanet.com/english/2020-05/06/c_139035049.htm
$64m US dollar fine for 37000 Veh imports approx – around US$1700 a Veh ? Or $2500 AU dollars ?
I wonder what software mod or extended warranty is offered to them ?

 

[Toobad]

Thanks Vicki. I bet Hausfeld are paying you more than Top Gear ever did 😁 I suppose I had better remove my Friends of the Earth sticker now.

 

[Toobad]

Well here's a promising development. Over in the USA Daimler AG have just agreed to settle the class action against them over there with a $2 billion compensation payment. I'd guess this would add weight to the argument that UK owners were also duped by the emissions defeat software installed in their cars.

Mercedes’ Parent Daimler Agrees To $2B Settlement In U.S.Emissions Cases

 

[Toobad]

Here's a nice impartial summary of the situation as provided by Martin Lewis's Money Saving Expert website:

Diesel Emissions Claims

It is important to be aware that if you decide to pull out of the action, you may may be asked to pay some costs to cover the time wasted on your behalf. Make sure your chosen firm has taken out A.T.E. (after the event) insurance or Mercedes could pursue you for costs if the action fails.