So the case with NSW Fair Trading has been lodged to try and bring this issue to a resolution; unfortunately it probably will not be straight forward as G Brothers are going to argue against it because they have most probably been told to do that by Mercedes Benz, and they will have to bear some pain through cost.
Don’t forget, if they simply accepted the wrongdoing of Mercedes Benz then every consumer with a COMAND system fitted in their vehicle would have a valid claim to a refund.
However, based on the feedback from NSW Fair Trading there is a case to be answered. They called me, after discussing in their team, and believe ACL has been breached due to the lack of functionality which has been stopped by the manufacturer. Check out their response here.
There are some delays with NSW Fair Trading as they have a case back log. They also said that when I put the first enquiry through online, but the call back was made within pretty good time.
Here is their initial response:
“Dear Mr xxxxx
NSW Fair Trading has received your complaint dated 28 March 2021. Please note the Automotive Team are currently experiencing an increase in requests for assistance. While we are working hard to progress all complaints, it could be some time before you receive a phone call or written response from us.
What happens next
Your complaint will be assessed to determine the best way we can assist you. When a complaint is received on a matter we regulate, Fair Trading will contact each party to discuss the issues raised. If the matter is unable to be resolved between the parties, you will be provided further options that may assist you in reaching a resolution. This may include making application to a tribunal, referral to other government agencies or obtaining independent legal advice.
For more information on the Fair Trading complaint handling process, please visit our website at: https://www.fairtrading.nsw.gov.au/cars-and-other-vehicles/repairs-and-maintenance/vehicle-warranty-and-repair-disputes
While you wait for our contact we encourage you to consider some of the self-help options available to resolve your matter: https://www.fairtrading.nsw.gov.au/about-fair-trading/our-services/resolving-issues/talk-it-over.
If your situation changes or you no longer require our assistance, please let us know by return email, quoting the above reference number.
Important safety information
It is recommended you check if your vehicle is affected by the Takata Airbag Recall at https://ismyairbagsafe.com.au/ If there is an outstanding recall for your vehicle it is important that you act on this immediately. If you have questions about the recall, please contact your vehicle manufacturer.
We appreciate your understanding.