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Mercedes driver awarded £10,750 damages in warranty dispute

A Mercedes-Benz customer has won £10,750 compensation in a case against DaimlerChrysler Retail. The case centred on who was responsible for roadside assistance carried out under warranty.

Last month, Bromley County Court heard a claim by Robert Carlyle relating to the repair of his Mercedes S500, bought from Mercedes-Benz Chelsea in January 2005 for £29,000. The car came with a one-year warranty, including roadside assistance. 

Ignition problems during the warranty period led to the car being recovered and taken back to the dealership. In January 2006, the dealership asked Carlyle for £6,000 for repairs, claiming the work was not covered by the warranty. 

Carlyle refused to pay, and began proceedings.

In court, Mercedes-Benz Chelsea denied that it had caused ignition damage, put down to reverse polarization on a jump-start. 

It blamed Carlyle or the recovery operator. The dealership insisted that the recovery service was not provided by them but by Mercedes-Benz UK.

Judge Hallon said the surge which caused the damage would have occurred when the car was at Mercedes-Benz Chelsea. 

She ruled that even if it had been caused by the recovery operator then the defendant was still liable, as there was no reference to Mercedes-Benz UK in the warranty document.

Hallon held Daimler-Chrysler Retail liable for the repairs and Carlyle’s legal costs, and awarded him £10,750 damages for loss of use, depreciation and the loss of two months of warranty. 

Mercedes-Benz declined to comment after the case.

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