ABC pump & warranty

[Gurpsingh1]

Hello all. My first post.

I bought a CL55 2002 plate with 138K on the clock. It had 1 owner from new and it was in mint condition. I took out a 1 year 4 star warranty (with WGS) at the time I bought it, as recommended by the dealer. He did say the abc pump will be covered.

Just over 2 months after I bought it, the ABC pump failed - had the usual warning lights on the dash, first amber drive carefully & now red Too low / drive carefully. I've had a Merc technician come out and plug Star into the car & he's diagnosed the following: ABC pump & pressure sensor failure.. see the screenshots below.

I'm hoping the warranty company will cover the ABC failure - I have spoken to them and they have confirmed self levelling suspensions are covered. My question is this: has anybody had any dealings with the abc pump & warranty companies? Will they try to get out of paying by saying the damage is fair wear & tear? I know the pump & the hydraulic oil are not serviceable parts so I can't see how they can say its fair wear & tear.
I will fight any decision not to pay but if all else fails, the car will be going back to the dealer I bought it from - at least it should be under the sale of goods act.

Many thanks and any input will be appreciated.

G

 

[starlight]

Assuming that's the original ABC pump, it's lasted a miraculous length of time.

Interesting that you specifically checked - no doubt wisely - whether the pump was covered by the warranty.

Can't say about the warranty company's position if it does come down to 'fair wear and tear' without knowing the precise wording of the policy but IMO the fact that the dealer made a specific representation about the policy is bound to put you on strong ground.

 

[markjay]

Items that are covered, are only covered for 'unexpected failure'.

The key question is why the SBS pump failed.

If it because it simply reached the end of its service life, then this is 'by design', and most likely not covered.

If it is due to an unexpected failure of one of its internal components, then this is a separate issue.

But in this case you may need to obtain a report from an independent specialist stating that the SBS pump failed prematurely due to unexpected component failure.

The other thing to consider is 'betterment'. Even if the SBS pump is covered, the insurer could still maintain that this is a service item that had only (say) 20% of service life left in if, hence your actual damage is only 20% of the repair bill.

If they go down this route then it can be tricky. You could still argue that because brakes are safety items you do not have the option of buying and fitting a 'similar age' second hand pump and are forced to purchase a new one.

 

[starlight]

I thought that Gurpsingh1 was talking about the ABC (suspension system) pump ('car too low' warning) and not the braking system (although the same principles might apply)?

 

[markjay]

I thought that Gurpsingh1 was talking about the ABC (suspension system) pump ('car too low' warning) and not the braking system (although the same principles might apply)?

Right you are...

Alas, a combination of small mobile device and declining eyesight conspired against me.... I stand corrected.

Well, the principle still applies.... sort of.

 

[Will]

Surely after just 2 months it would be arguable that the fault was present upon purchase, and that the onus would be on the supplying dealer to repair?

 

[starlight]

I think a look at the recent changes to sale of goods legislation is indicated.

There's a useful guide to the Consumer Rights Act 2015 on the 'Which?' website: Consumer Rights Act 2015 - Which?

Taking Will's point, see the reference to defects presumed to have existed at the time of delivery (under 'From 30 days to 6 months').

 

[jaymanek]

This is simply a breakdown. No way dealer could have predicted.
However if warrantry does not cover then it IS down to dealer to repair.