GLE 3l d engine seizure

[st13phil]

Pushing for this is also a test of how thoroughly they are trying to establish the true cause and not just rely on 'the small print' to get themselves off the hook.

If the last service was carried out in August 2020 then - absent an ongoing extension of the "late presentation" leeway - they are not on the hook. They just say, "Servicing was not carried out in accordance with the manufacturer's schedule, therefore the warranty is void". Harsh, maybe, but life sometimes is.

If they have already disposed of the oil and filter without analysis then they lack the evidence to prove the oil was at fault and by extension, that late servicing degraded the oil.

The corollary is that the OP, due to the late (or non-existent) presentation for the service due in August 2021, needs to evidence that the oil was not at fault in order to counter the argument that the lack of on-time servicing was even a contributory factor. No oil = no evidence either way. Even if the OP did prove that the oil was not at fault, I suspect they will have to rely on a goodwill claim due to the warranty terms.

My view is still that the OP is likely to need an Expert Report / Expert Witness. If MB insist on voiding the warranty due to the missing second service then the only potential remedy is through the Consumer Rights Act 2015 on the grounds of Durability, and to complicate matters further the OP's rights in that case are not against MB, but the retailer they purchased the car from.

 

[st13phil]

It was sold by a Mercedes dealership so I hope not!

To be clear an independent dealer who I trust sourced it for me but I didn’t know where it had come from until today, it went straight from mercedes dealership door to mine.

Who did you pay, the independent dealer or the Mercedes dealership? This is important because it determines who you would have a potential remedy against if MB void the warranty.

 

[Bellow]

Would thickened oil show through oil full of metal from bearing failure?

Yes, they will measure the viscosity of the base fluid.

I will get a sample of it and the filter this weekend.

It may be useful depending on what transpires.

I’ve just realised that the oil has now been just sat in his knows what tub in their garage for another 8 weeks after it broke down, how could I rely on any time sensitive results now? If it wasn’t thickened then great but If it was then who’s to say these 8 weeks haven’t caused it

Time sensitive in the engine exposed to heat. Sitting stored won't have affected it.

 

[Bellow]

If the last service was carried out in August 2020 then - absent an ongoing extension of the "late presentation" leeway - they are not on the hook. They just say, "Servicing was not carried out in accordance with the manufacturer's schedule, therefore the warranty is void". Harsh, maybe, but life sometimes is.

Technically true, but....
...... when I bought a 6 month old vehicle from a MB dealership with 4000 miles on its clock and told them that I would be supplying the oil at the first (and subsequent) service this was accepted despite said oil neither being fully (not semi either) synthetic as recommended or having any MB22x.xx approval. When I asked if it would affect the warranty the answer was that for a claim to be rejected there would have to be evidence that the oil not being as specified was a contributory cause of the failure. Confident that that couldn't occur, my oil was used. There is some leeway - or there was back in 2005....

The corollary is that the OP, due to the late (or non-existent) presentation for the service due in August 2021, needs to evidence that the oil was not at fault in order to counter the argument that the lack of on-time servicing was even a contributory factor. No oil = no evidence either way. Even if the OP did prove that the oil was not at fault, I suspect they will have to rely on a goodwill claim due to the warranty terms.

In the case under discussion, properly contested they would have to prove which aspect of the late servicing contributed to the failure ie, that the oil was substandard. And, again, properly contested, I'd expect proof of every step taken to ascertain the cause of the failure - including eliminating or verifying the oil's part. Oil being evidence, it never looks good when evidence is destroyed. It appears it is available though. But I'm perhaps being a little overoptimistic expecting such rigorous scrutiny when the claim can be so easily rejected.

My view is still that the OP is likely to need an Expert Report / Expert Witness. If MB insist on voiding the warranty due to the missing second service then the only potential remedy is through the Consumer Rights Act 2015 on the grounds of Durability, and to complicate matters further the OP's rights in that case are not against MB, but the retailer they purchased the car from.

Wherever it goes legally will lose me. I only want to ensure the OP has the evidence that the oil wasn't sullied by the late service preserved and available to whoever is tasked with examining the engine to ascertain the cause of failure. In my mind though, if it can be demonstrated that the oil was fit for service and late servicing didn't contribute to the failure, the actual cause of failure is immaterial - something for MB to investigate if they choose to - only them replacing/repairing the engine matters.

 

[Martyn_n]

Surely the terms and conditions of the warranty specify that the car is serviced as per the manufacturer's recommendations. I am no expert in consumer contract law but I do not believe that MB have to justify why that clause exists, therefore proving that the service intervals are arbitrary and have no bearing on reliability is irrelevant. The OP has either directly or implicitly accepted the terms of the warranty, if they have not met their side of the deal why should MBUK be flexible on their side?
Personally it still beggars belief that the car was taken for a new battery at give or take the correct time for the service but the OP claims they were not in a position to get it serviced.

 

[Fastcar155]

Hi , I have the greatest of sympathy for the owner of the car but I have a couple of thoughts.

Why would you spend £40000 plus for a car and not purchase the car from Mercedes ? Could be reason but

My car has a Mercedes Extended warranty that requires the car to serviced by Mercedes annually.( I wanted the car serviced ) but I was stuck in Portugal and could not make my way home.

I have a couple of other cars that a local Audi specialist services and explained by position regarding wanting the car serviced.

I emailed Mercedes UK and explained my position to them and within 24 hours they replied to my email saying that they would put my email on record and have no issues with my suggestion.

However , Mercedes did state that as soon I returned to the UK the car must be serviced by a Mercedes dealer.

This was duly done.

Why buy a expensive car and not have the car serviced ASAP so you start your ownership on a level playing field ?

 

[Absolutelygutted]

Hi , I have the greatest of sympathy for the owner of the car but I have a couple of thoughts.

Why would you spend £40000 plus for a car and not purchase the car from Mercedes ? Could be reason but

My car has a Mercedes Extended warranty that requires the car to serviced by Mercedes annually.( I wanted the car serviced ) but I was stuck in Portugal and could not make my way home.

I have a couple of other cars that a local Audi specialist services and explained by position regarding wanting the car serviced.

I emailed Mercedes UK and explained my position to them and within 24 hours they replied to my email saying that they would put my email on record and have no issues with my suggestion.

However , Mercedes did state that as soon I returned to the UK the car must be serviced by a Mercedes dealer.

This was duly done.

Why buy a expensive car and not have the car serviced ASAP so you start your ownership on a level playing field ?

It was serviced the week before I bought it.

 

[Absolutelygutted]

Surely the terms and conditions of the warranty specify that the car is serviced as per the manufacturer's recommendations. I am no expert in consumer contract law but I do not believe that MB have to justify why that clause exists, therefore proving that the service intervals are arbitrary and have no bearing on reliability is irrelevant. The OP has either directly or implicitly accepted the terms of the warranty, if they have not met their side of the deal why should MBUK be flexible on their side?
Personally it still beggars belief that the car was taken for a new battery at give or take the correct time for the service but the OP claims they were not in a position to get it serviced.

It wasn’t showing as it needed a service and I wasn’t aware one was due.

The terms and conditions of warranty are not that black and white, they have to prove that the failure was down to lack of service, these are the points Mercedes and I are arguing along with who takes responsibility if their late service policy contributed to the failure.

 

[Spider10]

Hope this doesn't happen to you

I got £27k bill for Range Rover's engine after £2.5k 'service' - they blamed ME

A FURIOUS mum was slapped with a £27,000 bill after her Range Rover engine seized and she was told it was HER fault. Zara Ahmed, from Essex, noticed issues with her three-year-old car when it would…

www.thesun.co.uk

 

[grober]

VIN NO ?????????????????????????????????????????????????????????????????????????????????????????????????????

 

[Will]

The terms and conditions of warranty are not that black and white, they have to prove that the failure was down to lack of service

I’m not sure MB have to prove anything at this stage.

 

[Martyn_n]

The terms and conditions of warranty are not that black and white

Cut and pasted from the warranty booklet;

"This insurance will not be valid if you do not have the insured vehicle serviced correctly in line with the manufacturer’s specifications during the period of insurance, or if you are not able to provide proof that you have done this (if we ask for proof)."

Where does it say "unless we can't prove the servicing would have made any difference in which case we will pay"?

I have tried to read between the lines but I fail to see where there is any onus on MB to prove that the lack of servicing was the root cause of the fault. MB don't have to justify why that clause exists, it just does.

I feel for you, this is going to be expensive and nobody wishes that on anyone but the fact is that BOTH of it's services have been overdue, or not done at all. I fear any wriggle room or goodwill is way out of reach with such breaches of contract.

 

[Absolutelygutted]

Cut and pasted from the warranty booklet;

"This insurance will not be valid if you do not have the insured vehicle serviced correctly in line with the manufacturer’s specifications during the period of insurance, or if you are not able to provide proof that you have done this (if we ask for proof)."

Where does it say "unless we can't prove the servicing would have made any difference in which case we will pay"?

I have tried to read between the lines but I fail to see where there is any onus on MB to prove that the lack of servicing was the root cause of the fault. MB don't have to justify why that clause exists, it just does.

I feel for you, this is going to be expensive and nobody wishes that on anyone but the fact is that BOTH of it's services have been overdue, or not done at all. I fear any wriggle room or goodwill is way out of reach with such breaches of contract.

MB told me themselves that they cannot void an entire warranty unless it’s found that the lack of service caused the fault. This is also reiterated by the ombudsman.

This is the reason that they say with pushed ahead with stripping my engine at a cost to myself. If your way was the case and it was as black and what they’d have said this at the beginning and given me my options. Can’t have it both ways as I now have a 4K bill that I never would have agreed to had it been this black and white (which it isn’t).

Quite shocked that people don’t know this in a Mercedes forum.

 

[Absolutelygutted]

A

Cut and pasted from the warranty booklet;

"This insurance will not be valid if you do not have the insured vehicle serviced correctly in line with the manufacturer’s specifications during the period of insurance, or if you are not able to provide proof that you have done this (if we ask for proof)."

Where does it say "unless we can't prove the servicing would have made any difference in which case we will pay"?

I have tried to read between the lines but I fail to see where there is any onus on MB to prove that the lack of servicing was the root cause of the fault. MB don't have to justify why that clause exists, it just does.

I feel for you, this is going to be expensive and nobody wishes that on anyone but the fact is that BOTH of it's services have been overdue, or not done at all. I fear any wriggle room or goodwill is way out of reach with such breaches of contract.

And as explained the first service was late on line with THEIR policy, they have said that contributed to failure of the engine therefore some responsibility lies with them.

The reason for the late first service was covid, this is an unusual case as we may not be in lockdown anymore so relying on the ombudsman saying that they can’t penalise you for late servicing during lockdown isn’t an option however if that previous policy has then had a knock on effect, that needs to be dealt with in the correct manner.

 

[Martyn_n]

Quite shocked that people don’t know this in a Mercedes forum.

Don't be shocked, most of us on this forum get our cars serviced properly so don't need to know these details.

Your argument that the second service was late due to covid is pretty weak when you consider the car was in a main dealer for a new battery at the time it should have been having a service.

 

[Absolutelygutted]

Don't be shocked, most of us on this forum get our cars serviced properly so don't need to know these details.

So what I get from your comment is you have no idea what you’re talking about as you get your cars serviced on time-roger that.

 

[Martyn_n]

So what I get from your comment is you have no idea what you’re talking about as you get your cars serviced on time-roger that.

No, it means I have not had to look for loopholes in this clause of a warranty because I have always abided by it so didn't know one existed.
I absolutely hope this ends well for you, I really do.

 

[Absolutelygutted]

Don't be shocked, most of us on this forum get our cars serviced properly so don't need to know these details.

Your argument that the second service was late due to covid is pretty weak when you consider the car was in a main dealer for a new battery at the time it should have been having a service.

The first service was late as it was due during the very first lockdown-argument stands.

 

[Absolutelygutted]

No, it means I have not had to look for loopholes in this clause of a warranty because I have always abided by it so didn't know one existed.
I absolutely hope this ends well for you, I really do.

So no idea what you’re talking about-argument stands again.

Thankyou, I’m hopeful that it will.

 

[Will]

MB told me themselves that they cannot void an entire warranty unless it’s found that the lack of service caused the fault. This is also reiterated by the ombudsman.

This is the reason that they say with pushed ahead with stripping my engine at a cost to myself. If your way was the case and it was as black and what they’d have said this at the beginning and given me my options. Can’t have it both ways as I now have a 4K bill that I never would have agreed to had it been this black and white (which it isn’t).

Quite shocked that people don’t know this in a Mercedes forum.

But what you say you’ve been told (in terms of the warranty) contradicts the specific wording of the terms and conditions - that is black and white. One person’s interpretation of a contract does not invalidate the terms by which you are bound, does it? What’s the point in having the policy wording if you can breach those terms with no consequence? As said before how is it fair on those who service their cars by the book and ultimately pay £££s to ensure that they are covered. It’s like driving with insurance and then complaining after you’ve had an accident, IMHO.

I mean it may not seem fair, which could be argued, but that is a legal challenge for you to make if such a case exists (you need need legal advice here) and you would not be claiming against a warranty whose terms you have stuck to.

As it stands currently MB have done nothing wrong in terms of the warranty, the wording is clear as stated above. You need to explore the options you have to persue this on other grounds - eg did the COVID extension from April 2020 still apply to yourself a year and a half later, etc.

I think if you’ve been communicating with MB in a similar fashion to your posts on this thread you may not have endeared yourself particularly well towards goodwill and support from them anyway.

Everyone here has wished you good luck but you seem unable to accept any wrongdoing on your part.