Any lawyers here? I need counsel!!! Magnuson-Moss Act and the 3rd Party Warranty...
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From: The Granite State
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Any lawyers here? I need counsel!!! Magnuson-Moss Act and the 3rd Party Warranty...
Brought my car in for a whole series of small issues...
Well apparently, the "inspector" went to the dealership to approve the repairs, and noticed the aftermarket exhaust manifolds. Now they are refusing to cover the repairs for ANY of the defective items on my list.
This appears to be a violation of the Magnuson-Moss Act, but since I am not a laywer (and don't play one on TV!) I wanted to see if anyone here can offer ACTUAL legal advice, or help me to file paperwork to compel NAC to cover these repairs?
It's not surprising that NAC is trying to weasel out of paying my claims...especially in areas that are clearly not the least bit related to my "modification".
-G
- Drivers Door handle (Keyless Go)
- Passenger Door Handle (Keyless Go)
- Dynamic Seat Pump
- GPS antenna fault
- Rear Main Seal weeping
Well apparently, the "inspector" went to the dealership to approve the repairs, and noticed the aftermarket exhaust manifolds. Now they are refusing to cover the repairs for ANY of the defective items on my list.
This appears to be a violation of the Magnuson-Moss Act, but since I am not a laywer (and don't play one on TV!) I wanted to see if anyone here can offer ACTUAL legal advice, or help me to file paperwork to compel NAC to cover these repairs?
It's not surprising that NAC is trying to weasel out of paying my claims...especially in areas that are clearly not the least bit related to my "modification".
-G
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From: The Granite State
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Yeah.... sure does.
NAC is very careful about the wording of the policy. They call it a "Service Contract" and not a "Warranty". I believe this is intentional, because Magnuson-Moss covers vehicle warranties, but may not cover service contracts.
They want to cancel my policy, refund a percentage of my original premium and run away from this car. I don't blame them since the car has already cost them over $7500 in repairs against a $4400 policy. They stand to spend a lot more money over the final 16 months of this warranty... so I'm sure they would LOVE to find any excuse to cut their losses.
At this point, I'm trying to figure out if the legal costs of fighting them will exceed the value of keeping the warranty in force until March 2016...????
-G
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From: The Granite State
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No, but the warranty companies send "local" inspectors to look at the car and approve all repairs before they can begin the repairs.
Apparently, they put the car on the lift to show him the weeping rear main seal and he noticed the exhaust work.....
When he reported that to NAC, that set off a very rapid series of events where they are now apparently trying to "fast track" the cancellation of my policy. I'm trying to find legal counsel quickly, so that I can understand my options (and costs).
It may get too expensive to fight them legally, so I may just have to suck it up and pay out-of-pocket from now on.
-G
Apparently, they put the car on the lift to show him the weeping rear main seal and he noticed the exhaust work.....
When he reported that to NAC, that set off a very rapid series of events where they are now apparently trying to "fast track" the cancellation of my policy. I'm trying to find legal counsel quickly, so that I can understand my options (and costs).
It may get too expensive to fight them legally, so I may just have to suck it up and pay out-of-pocket from now on.
-G
Super Member
Joined: Nov 2011
Posts: 835
Likes: 20
From: Houston, Texas
2005 E55 AMG
That sucks!!! I can see them not covering the "rear main seal leak" because of the headers, but the other things are 100% not related. Isn't that what the Magnuson-Moss Act is there to protect? I believe they have to prove that the particular aftermarket part was in part the reason for the failure.
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MBWorld Fanatic!
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From: West
2005 E55 Wagon
Brought my car in for a whole series of small issues...
Well apparently, the "inspector" went to the dealership to approve the repairs, and noticed the aftermarket exhaust manifolds. Now they are refusing to cover the repairs for ANY of the defective items on my list.
This appears to be a violation of the Magnuson-Moss Act, but since I am not a laywer (and don't play one on TV!) I wanted to see if anyone here can offer ACTUAL legal advice, or help me to file paperwork to compel NAC to cover these repairs?
It's not surprising that NAC is trying to weasel out of paying my claims...especially in areas that are clearly not the least bit related to my "modification".
-G
- Drivers Door handle (Keyless Go)
- Passenger Door Handle (Keyless Go)
- Dynamic Seat Pump
- GPS antenna fault
- Rear Main Seal weeping
Well apparently, the "inspector" went to the dealership to approve the repairs, and noticed the aftermarket exhaust manifolds. Now they are refusing to cover the repairs for ANY of the defective items on my list.
This appears to be a violation of the Magnuson-Moss Act, but since I am not a laywer (and don't play one on TV!) I wanted to see if anyone here can offer ACTUAL legal advice, or help me to file paperwork to compel NAC to cover these repairs?
It's not surprising that NAC is trying to weasel out of paying my claims...especially in areas that are clearly not the least bit related to my "modification".
-G
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Thread Starter
MBWorld Fanatic!
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From: The Granite State
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MBWorld Fanatic!
Joined: Jan 2011
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From: West
E55 AMG
That sucks!!! I can see them not covering the "rear main seal leak" because of the headers, but the other things are 100% not related. Isn't that what the Magnuson-Moss Act is there to protect? I believe they have to prove that the particular aftermarket part was in part the reason for the failure.
Super Member
Joined: Nov 2011
Posts: 835
Likes: 20
From: Houston, Texas
2005 E55 AMG
jmb614, me neither and most everyone will think the same. However, I am just giving the worse case scenario on the other 3 things.
The headers are connected to the head bone the head bone is connected to the block bone, the rear main seal bone is connected to the block bone. You know the song...
The headers are connected to the head bone the head bone is connected to the block bone, the rear main seal bone is connected to the block bone. You know the song...
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2014 E63S; AMS 100 octane ECU dyno tune; EDOK TCU tune; BB intakes; sprintbooster
Yet another case of warranty declined on modded car... Despite the naysayers stating mag moss will save them
I wish the op lots of luck and hoping it works out for him
I wish the op lots of luck and hoping it works out for him
MBWorld Fanatic!
Joined: Jan 2011
Posts: 1,239
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From: West
E55 AMG
jmb614, me neither and most everyone will think the same. However, I am just giving the worse case scenario on the other 3 things.
The headers are connected to the head bone the head bone is connected to the block bone, the rear main seal bone is connected to the block bone. You know the song...
The headers are connected to the head bone the head bone is connected to the block bone, the rear main seal bone is connected to the block bone. You know the song...
Thread Starter
MBWorld Fanatic!
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From: The Granite State
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OK, I've scanned the original NAC Service Agreement document at a .PDF (7MB)
I'm not sure the simplest way to provide it for review (email, etc).... pretty sure you can't attach a .PDF in a forum thread directly??
I doubt there's much value in simply posting the entire thing here, anyway. Without specific legal knowledge, most of us would just be guessing and "armchair quarterbacking" the language of the contract anyway....
If anyone is willing to take a few moments to read it and provide a quick professional opinion, please feel free to send me a PM.
Thanks!
-G
MBWorld Fanatic!
Joined: Sep 2002
Posts: 1,719
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From: West
2005 E55 Wagon
OK, I've scanned the original NAC Service Agreement document at a .PDF (7MB)
I'm not sure the simplest way to provide it for review (email, etc).... pretty sure you can't attach a .PDF in a forum thread directly??
I doubt there's much value in simply posting the entire thing here, anyway. Without specific legal knowledge, most of us would just be guessing and "armchair quarterbacking" the language of the contract anyway....
If anyone is willing to take a few moments to read it and provide a quick professional opinion, please feel free to send me a PM.
Thanks!
-G
I'm not sure the simplest way to provide it for review (email, etc).... pretty sure you can't attach a .PDF in a forum thread directly??
I doubt there's much value in simply posting the entire thing here, anyway. Without specific legal knowledge, most of us would just be guessing and "armchair quarterbacking" the language of the contract anyway....
If anyone is willing to take a few moments to read it and provide a quick professional opinion, please feel free to send me a PM.
Thanks!
-G
MBWorld Fanatic!
Joined: Nov 2008
Posts: 1,916
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From: Northern VA
2006 E55
Since you have had work covered in the past and the car was modded then, that might be the way to fight.
I wish you luck, but honestly I think you are screwed. At least you got 6k of work for 4k
I wish you luck, but honestly I think you are screwed. At least you got 6k of work for 4k
Thread Starter
MBWorld Fanatic!
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From: The Granite State
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I have sent an email to the Directory of Customer Service at NAC, as I am required to do. There is now a formal paper trail of the complaint.
My intention is to be polite, but firm about my position and see what NAC is prepared to do...
-G
MBWorld Fanatic!
Joined: Jan 2009
Posts: 3,182
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From: Northern VA
W211
Well good that your warranty did cover some of the repairs that were done. Keep pushing for how headers void warranty/agreement for repairing the items you listed? Good luck on getting the rest of repairs done.
I've made the repairs just this year 2014,
-2 power steering pumps, due to first pump being bad
-replaced both upper ball joints
-power steering hard line that was leaking
-a/c condenser, drier, recharge
-2 front o2 sensors
-fuel dampening unit
I've made the repairs just this year 2014,
-2 power steering pumps, due to first pump being bad
-replaced both upper ball joints
-power steering hard line that was leaking
-a/c condenser, drier, recharge
-2 front o2 sensors
-fuel dampening unit
MBWorld Fanatic!
Joined: Dec 2006
Posts: 4,949
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From: Clifton, NJ
96 and 08 911 turbos
its ridiculous of course, but that one might actually take work to prove its not the case.
