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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101023
Experience:  Lawyer
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We live in Ontario, Canada. We leased a Mercedes 2013 model.

Customer Question

We live in Ontario, Canada. We leased a Mercedes 2013 model. The car was due for service and due to some reason the car could not be serviced in time. When the car was sent for servicing to Mercedes they said they will charge extra due to excess kilometers. We paid the extra to get the service done. Please note that my wife drove the car to Mercedes service center without any problem. Once the service was done and my wife picked up the car, the car broke down on way back home on the highway. The car was then towed back to Mercedes. Now Mercedes want us to pay for engine repair that might cost thousands. They blame us for car break down due to over mileage. Please help and tell us what are our rights.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
I am sorry to hear this.The problem is that you were told and agreed that you would comply with the service requirements but did not which they are now saying voided the warranty.So you may not be able to enforce the warranty.At the same time the fact is that the car was fine until they touched it which has to be much more than a coincidence.And if they are the ones who damaged it or caused it to be damaged then of course they will need to make the repairs for free.I suggest you get a second opinion as to what has gone wrong and if you can show it was a result of their negligence you will be OK.
Customer: replied 2 years ago.
So what rights do we have in this case? Can we file complaint through the consumer protection?
Customer: replied 2 years ago.
Or how to prove their negligence? Is there any mechanism?
Expert:  Debra replied 2 years ago.
If you breached the warranty requirement the Consumer Protection Branch cannot help.You will have to sue Mercedes in Small Claims Court. You could self-represent which would make sense.But it may be worth your while to have a lawyer send a demand letter first.But you do have to prove they were negligent to win your case in Court.
Customer: replied 2 years ago.
But when Mercedes said that you must pay extra for over mileage, and we paid that amount, then shouldn't that cover us? They did not tell or ask us to sign any waiver to warranty cancellation, neither they informed us of any dangers at the time of handing over the car back to us. My wife could have met a serious accident due to car failure, especially coming right out of service by Mercedes. They did not notify us of any risks due to over mileage. They charged extra and we have proof for that in form of invoice and payment thereof by credit card.
Expert:  Debra replied 2 years ago.
You may be able to succeed on that point but it depends on what you were told. It doesn't really make sense to charge you more but if they said that will validate the warranty then they are bound by that offer as you agreed and paid.