Having a row with the warranty co

jberks

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Took out a warranty when I bought the car. Not a cheapie - cost me £600.
Now - apparently a rear axle/diff seal is seeping so I wanted to get this done under the warranty. The warranty firm are saying that they won't cover 'wear and tear'.
I can't see how such a seal on a 3 1/2 year old E class with 56k on the clock (low for a diesel) could be classified as wear and tear. They even say that if it shouldn't have gone then MB should pick up the tab.
To me, this argument is mad. After all, any moving part that fails could be considered wear and tear. They could just as easily use this argument for a failed gearbox.

So what is wear and tear?
 

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Is this similar to the W210 issue of the breather on top of the diff blocking and forcing oil out of the seals?
I don't see oil seals as being a normal replacement item so how can they be considered wear and tear (unless your a warranty company that is) I guess if your gearbox fails they say that that is wear and tear as well. Tyres, Suspension, Exhaust, Brakes & Clutch are all wear and tear IMHO
 

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Who is the warranty with?

I took one out with Warranty Direct and it states oil seals in diff are covered.

Russ
 

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Probably best just to publish the name of the warranty company so that ppl can steer clear of them.. I would have thot replacing the seal would be in their interest..
 
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jberks

jberks

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The firm is "Abraxas"
The reckon the garage said the seal was "worn" so it comes under wear and tear, presumably as against it having snapped, which would have been covered. I just think 'wear and tear' is a pretty poor argument on a warranty.
On the upside it seems I need one or two parts for the speedtronic. One is £250 and the other is £330 if needed - both plus vat and fitting so I should get my premium back at least. Plus the seal is not bad allegedly - just seeping a bit - so I may just ignore it. Now waiting to see what MB are prepared to do - if anything.
 

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The firm is "Abraxas"
The reckon the garage said the seal was "worn" so it comes under wear and tear, presumably as against it having snapped, which would have been covered. I just think 'wear and tear' is a pretty poor argument on a warranty.
On the upside it seems I need one or two parts for the speedtronic. One is £250 and the other is £330 if needed - both plus vat and fitting so I should get my premium back at least. Plus the seal is not bad allegedly - just seeping a bit - so I may just ignore it. Now waiting to see what MB are prepared to do - if anything.

Hypoid oil does foam when hot and at speed and most MB diffs do look messy, the best check is to see if the level is down, but I would not worry about it
 

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I had the same argument a few years ago about a water pump that was leaking, i said the seal had failed prematurely but the warranty co said it was wear and tear? A very fine line and a very big grey area!
 
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jberks

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I had the same argument a few years ago about a water pump that was leaking, i said the seal had failed prematurely but the warranty co said it was wear and tear? A very fine line and a very big grey area!

very true. As something that is widely open to interpretation I do wonder whether it would actually pass a court. I am thinking of contacting the ombudsman as I consider using such terms as sharp practice. They should be more specific and either cover failures or not.
In my case, as Malcolm says, its nothing to worry about and unless MB agree to pay the lions share I shan't bother.

I guess what annoys me is that, when I bought my C, admittedly back in 1999, it was 3 years old and came with 12 months signature warranty. For £750 I extended that for another 2 years - giving me 3 in total. That warranty was as good as the new warranty and, amongst other things, sorted the exact same fault. Various things were sorted and I never has a question.

I went with warranty direct on the 240 and regretted it - £250 and covered absolutely nothing, so when I bought the 270 I asked for an extra 12 months to follow when the remaining 2 yrs MB warranty ran out. I was quoted £600 which seemed realistic given that it was double what I paid 5 years earlier and fron a main MB dealer I never thought to question it.

Then I got the "abraxas" docs. I queried it at the time but was assured it was just as good as an MB one. The front pages says what it doesn't cover (all reasonable) but it seems the main exclusion list, which I didn't see originally, is a few pages in. This is the one that used that magic term.
 
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jberks

jberks

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I thought I'd let you all know where we ended up.

MB have offered to pay 70%. The full price is £337 inc vat so this leaves me with £100 to pay. Not thrilled but given that it will need doing at some point, even if it's not truly necessary at this moment, and when it does, even if I use a back street garage, it's going to cost me more than that, I've bitten the bullet and said ok.
 

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MB have offered to pay 70%. The full price is £337 inc vat so this leaves me with £100 to pay. Not thrilled but given that it will need doing at some point, even if it's not truly necessary at this moment, and when it does, even if I use a back street garage, it's going to cost me more than that, I've said ok.
Not a bad result, see if you can get some discount for being part of the MBOA, saves me 10% most of the time.
 

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