BREACH OF CONTRACT & BAD CUSTOMER SERVICE

May 2020 my car was towed to Mercedes Benz Constantia Kloof to be repaired for ESP issues (message on dashboard read "ESP inoperative"). Mercedes quoted me on body throttles and insisted that fixing body throttles will fix the ESP problem. Needless to say, a day after I collected my car the ESP problem was still not fixed. A week later Mercedes did further diagnosis and informed me that they found a 'new problem' and guess what the problem was? ESP needed to be replaced. I initially took the car in for an inoperative ESP however, they insisted that fixing body throttles will solve the ESP issue.

I then logged a complaint with Mercedes SA who claimed that the initial tests done by the dealership were correct. My question is - if the initial tests done are correct, why is my car still having the same problem? I proceeded to escalate the case to the Motor Industry Ombudsman of SA (MIOSA) on 8th July and in September the Ombuds ruled the case in my favour (the complainant) in terms of section 54 subsection (2) of the Consumer Protection Act 68 of 2008. The dealership refused to fix my car on the grounds that Mercedes SA indicated that their initial diagnosis was correct. Eight months later, Mercedes still refuses to fix my car. According to the workshop manager Werner, the Ombuds only made a recommendation and they will not fix the car. To say I am disappointed would be an under statement. TWO MAIN ISSUES I have with Mercedes. Firstly, as soon as a car is out of warranty, Mercedes loses the essence of customer service. They care nothing about their client, and only about protecting their profits. Secondly - This is law 101 - Mercedes breached the contract in that they took money from me and failed to fix my car (their very own product).

In conclusion, I personally, would not recommend anyone to purchase a vehicle from Mercedes based on their appalling customer service. They left me with a very bad customer experience. I am hoping that by writing this review someone will look into this matter and get my car fixed or put me in the same financial position I was in prior to taking my car in for repairs.