CLK320 CDI Sports Management light and main dealer dispute

[whitters]

I would be grateful for help/advice concerning my CLK. I bought this car 5 months ago from mercedes Direct its on a 56 plate and came with a 2 year Tier 1 Mercedes warranty. Yesterday the Management light came on and i had a total loss of power with the engine going into limp-mode. I dropped the car off at one of the local main agents and have just been told that after checking the car its showing that oil is leaking out of the top seal onto the inlet port shut of motor. to be honest it didn't mean a lot but what woke me up is that its not covered and i'm looking at a cost of around £700. he did say that he would contact mercedes to off a "gesture of goodwill payment" towards but couldn't say if there would. I have had an Email from the Mercede dealership which says::

As discussed , I sent a request for "goodwill" on the repair reqd ( inlet port shut off motor ) The part isnt covered as the cause of failure is down to oil contamination , not electrical failure.
Unfortunately there was no contribution. I have taken the issue further and have managed to get 26% contribution.
This would still leave you with nearly £800 to pay.
The repair estimated is based on no further problems found on strip down.
I understand this isnt the best result you would expect but I have done the best I can for you today.
As it stands I await your authorisation to proceed with repair
To say I'm absolutley livid is an understatement and could do with any advice/help with this matter.
Thanks in anticipation of any any member who can advise.
Whitters

 

[whitters]

Been on to dealer where car is and still no joy. Spoke to Sales Director from where i bought the car and he was most helpful, looking into for me so i hope that something can be sorted. Didn't realise that under the Sales of Goods Act within 6 months the seller must prove that the fault wasn't there and that it was fit for purpose, "reversed burden of proof" I've haven't mentioned this yet,so its fingers crossed.

 

[Deleted member 37751]

Been on to dealer where car is and still no joy. Spoke to Sales Director from where i bought the car and he was most helpful, looking into for me so i hope that something can be sorted. Didn't realise that under the Sales of Goods Act within 6 months the seller must prove that the fault wasn't there and that it was fit for purpose, "reversed burden of proof" I've haven't mentioned this yet,so its fingers crossed.

You are quite right about the 6 month thing.

Keep on at the supplying dealer and you shouldn't have to pay a thing.

 

[chitaxmoto]

would second that take it back to supplying dealer, you should not have to pay anything

 

[Rory]

...are they going to fix the oil leak, too?

 

[whitters]

Not gone down that one yet Rory, but its a point worth noting and will need to be addressed, still hoping that Mercedes Direct will come good and sort it out.
Mercedes Direct used to do all the servicing MOT etc on site but this side shut down leaving just the sales pitch with all repairs and servicing going to main dealerships. wouldn't say its a move for the best in my case.

 

[Adam230K]

Best of luck, I really would push them at all costs before even putting your hand in your own pocket

 

[davidjpowell]

Not sure if it's any help, but this is a common problem on the C320.

We got our car back from the indie yesterday, who charge £540 - a lot of disassembly involved and a couple of sheared bolts meant 8 hours of chargeable labour (although I am told it took them 11 hours).

I am told that the 6 months rule can be tempered a little by the fact that it is used and wear and tear can be expected. The mileage of the car may be important to your argument.

When I initially spoke to Mobilo, they thought I had bought from a main dealer and said that they expected the fault to be covered undo warrenty.

A well written letter to a senior Director may be worth while if the selling dealer does not come up trumps...

 

[Dieselman]

I thought there was supposed to have been a modified seal fitted to V6 cdi engines, to stop this leak.
It would be worth persuing that question.

 

[whitters]

I'm still waiting for a reply but whilst waiting i contacted 2 independent mercedes specialist for cost the first came in at £378+vat but the second i called was very informative and said that the motor £126+vat all in fitted £321 plus any oil seals that need to be changed. one point he did raise was how do the dealership know its "oil contamination" without stripping down. He also stated that he has stripped many down to replace the motor but all have failed due to wear and tear. so i have a few questions to ask if i don't get the answer i want. keep you posted

 

[whitters]

Result::
Got a phone call late last night from the sales director saying that they have told main dealership to proceed with repairs with Mercedes Benz and Mercedes Direct footing the bill between them. He said early that he would sort it within the day and true to his word he did.
Can only thank Mercedes Direct for there intervention.

Thanks to everyone who looked at my post and commented, its a great help when you can run issues by like-minded people.
Whitters

 

[Deleted member 37751]

Good result pal

 

[trapperjohn]

Well Done. It will give others confidence who come behind you with the same issue.

 

[Rory]

Pity they put people through this kind of thing, though. It hardly inspires confidence in the brand or the MB Tier 1 warranty.

 

[markjay]

Pity they put people through this kind of thing, though. It hardly inspires confidence in the brand or the MB Tier 1 warranty.

Glad it's resolved.

Out of curiosity, surely there must be T&C for the MB Tier 1 warranty somewhere allowing you to check if this sort of fault was indeed covered or not?

Not that it matters much, as the Sales of Goods Act still applies, but I was just wondering about the MB warranty...

 

[st4]

I thought there was supposed to have been a modified seal fitted to V6 cdi engines, to stop this leak.
It would be worth persuing that question.

There is, the dealer should fit this modified seal. Common on these

 

[jaymanek]

They were using the oil leak thing as a get out...

The inlet port motor is a very common issue and ive never seen one with oil anywhere near it.