LEMON LAW COMPLAINT FORM -Ibias Department of Motor Vehicles Instructions: Forms submitted incomplete and/or without the attachments listed below may cause a delay that could result in your complaint being rejected due to untimely filing. Return this form with the following attachments: 1) Purchase order or sales contract. 2) Repair order(s). 3) Copy of written notice to manufacturer, converter arid/of distributor. 4) Extended service contract, if applicable. 5) Lease agreement, if applicable, 6) Other relevant information. If you are seeking repurchase or replacement of your vehicle, along with the attachments you must include a $35 filing fee. You can submit the fee by check or money order payable to the Texas Department of Motor Vehicles. Do not mail cash. Send to: Texas Department of Motor Vehicles, PO Box 13044, Austin, TX 78711-1044. If you are seeking repairs only, send this form and the requested attachments to: Texas Department of Motor Vehicles, 4000 Jackson Ave., Austin, TX 78731. OWNER: Chris Marrou MAILING ADDRESS: 6827 Rock Road CITY: San Antonio WORK PHONE: 210-601-5367 STATE: Texas HOME PHONE: 210-366-3425 ZIP: 78229 FAX: E-MAIL ADDRESS: 552 137 CHECK ALL THAT APPLY:Ixl NEW Li DEMO [J PROGRAM LEASE I CONVERSION YEAR: 2013 VIM 552 130 MFG/MAKE: Itasca MODEL: Reyo DATE PURCHASED: May 31, 2014 MILEAGE': CURRENT 8800 AT DELIVERY: 1200 DATE 24,000 MILES REACHED: N/A Not applicable to Towable Recreational Vehicles CONVERSION CO: LEASE CO: SELLING DEALER: Camping World CITY: New Braunfels, Texas SERVICING DEALERS 1) Mercedes of Boerne CITY: Boerne, Texas 2) Mercedes of Fayetteville CITY: Fayetteville, NC 3) Mercedes of Santa Fe CITY: Santa Fe, NM DEALER ADDED OPTIONS: N/A WHAT REMEDY ARE YOU SEEKING?: REPURCHASE/REPLACEMENT or LI REPAIRS LL $35 oesa35 *APE a is
EXISTING PROBLEMS LOG You MUST complete this section on this form or the form will be returned as inconn plete. "See Attached" or equivalent is NOT a substitute for completion. You may make copies of this page to address additional concerns. System limits restarts to 10 or fewer because it thinks it has run out of Adblue (urea additive to clean diesel emissions). This makes it all but undriveable because it must go into the shop every ten starts or less. First and third visits were in Boerne; second in Fayetteville, fourth in Santa Fe, where it was kept two weeks before return. 07/07/14 07/15/14 2274 07/17/14 07/19/14 4542 08/02/14 08/05/14 7051 02/23/15 03/13/15 8964 Description of one problem that CONTINUES TO EXIST: Repair Visits Date in Date Out 4 Mileage - 4... w Description of one problem that CONTINUES TO EXIST: Repair Visits. Date In Date Out Mileage ' 7 3rcl visit '
X YES NO The manufacturer. converter or distributor of the vehicle (NOT THE DEALER) was given written notice of the problem(s), on April 2,, 20 15 - IF YOU ANSWERED NO, PLEASE SEND A LETTER TO THE MANUFACTURER, CONVERTER OR DISTRIBUTOR AS SOON AS POSSIBLE (CERTIFIED MAILJRETURN RECEIPT IS SUGGESTED) AND INCLUDE A COPY OF THE LETTER WITH THIS COMPLAINT FORM LIJYES INO The vehicle has been inspected by a factory representative. If you answered yes, please provtcle the inspection date, location, personnel involved, and outcome. Use a separate sheet if needed. DATE: LOCATION: BY WHOM: OUTCOME: I UNDERSTAND THAT THE INFORMATION I AM SUBMITTING MAY BE SHARED WITH THE OTHER INTERESTED PARTIES TO MY COMPLAINT IN ORDER TO RESOLVE THIS MATTER. I HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT ALL STATEMENTS IN THIS COMPLAINT ARE TRUE AND CORRECT. SIGNATURE OF VEHICLE OWNER/LESSEE D : 2 The Texas Department of Motor Vehicles maintains the information collected through this form. With few exceptions, you are entitted on request to be informed about the information that we coilect about you. Under Section 552.001 and 552.023 of tho Government Code, you also are entitled to receive and review this information. Under Section 559.004 of the Government Code, you are also entitled to have us correct Information about you that is incorrect. 'cv 414. ;
S. '' "1 Gareth Joyce VP of Customer Assistance Mercedes-Benz USA 3 Mercedes Drive Montvale, NJ 07645 April 1, 2015 Mr. Joyce: First, let me get the legal requirement out of the way. This is a warning letter as required under the Texas Lemon Law. Such notice is required before legal action can be taken. Then, let me explain my situation. I purchased a new 2014 Itasca Reyo from Camping World in New Braunfels, Texas on Memorial Day 2014 (VIN: 552.130 Almost immediately I began having trouble with the Mercedes diesel engine on the chassis. Because the Blue Tech system requires urea in an on-board tank to ensure pollution control, the engine is set up so it won't start without the tank being flied every 10,000 miles or so. If the tank is empty, the engine allows only ten more starts and warns the driver. My first "ten more starts" warning Caine after I had put fewer than 300 miles on the vehicle on a trip to the Beaumont area. I nursed it back to the Camping World Center in New Braunfels, where I had been briefed on the extensive maintenance facilities available before I purchased the RV. But rather than work on it there, the service people moved the vehicle around the service area until the ten starts warning had expired and then had it towed some 50 miles to a Mercedes dealer in Boerne, Texas, which worked on its software and declared it repaired. In July I drove the Reyo to Fayetteville, North Carolina, its first trip after the repair. On the way the "ten more starts" warning started counting down. By allowing the vehicle to idle for long periods while eating meals or refueling I was able to make it there with three starts left. I drove to the Camping World in Fayetteville, where the service people informed me that Camping World doesn't do maintenance work on Mercedes diesels, which surprised me after all I had been told about the excellent service departments at your dealerships. I then took the vehicle to the Fayetteville Mercedes dealer, where the service manager kept it overnight and declared it repaired.
Then, fifty miles out of Fayetteville on the way back to Texas, the "ten more starts" warning came on. I had planned to begin filming a documentary on the way home based around US Highway 281, the nation's most central highway (I spent 40 years in television news), but could not because of the "ten more starts" warning counting down. I managed to make it back to San Antonio and then took the vehicle to the Mercedes dealership in the town of Boerne, where they kept it for several days before declaring it repaired. I took them at their word, but I was now thrice burned. I left the vehicle in my driveway for a couple of months over the holidays then decided to drive it to my second home in Santa Fe, New Mexico. This time it took about 300 miles of driving before the "ten more starts" light came on. I took the vehicle to the Mercedes dealer in Santa Fe. They could not take the vehicle until ten days later because they had limited resources for dealing with the Sprinter chassis vehicles. I then brought the vehicle to them on February 23, and it remained with them at last report as they tested and re-tested and replaced various parts in hopes of getting it fixed once and for all. I picked it up on March 13, then started back to my home in San Antonio. Within 100 miles, the "ten more starts" warning again came on and stayed on until I got to San Antonio. As you might imagine, I do not believe I will ever be able to trust the vehicle again. Out of 9,000 miles on the vehicle I have driven it for fewer than 1,000 without the "ten more starts" warning. So, I expect your company to buy the vehicle back from me at full price. I have enclosed invoices from two of my repairs and I am seeking the others, but I am certain you can get the repair sheets from Mercedes' internal records. If this is not forthcoming, I plan to bring legal action under the Texas Lemon Law Act, and I may deal with co-counsel in seeking class action certification, as I am sure this is not the only Mercedes Sprinter chassis that has had such problems. Again, I hope that we can work this situation out amicably, but my many problems with the Mercedes Sprinter chassis over the past months ensure that it will be worked out one way or another. Chris Marrou Texas Bar #24060223