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I'm assuming the car is no longer under warrenty? That is the only reason I can assume since you mention BMW will not cover the repairs and the loan car charge. If the car was under warrenty and needed warrenty work to be carried out even if you are not under the EPP program, the dealer would (should) not charge for a loan car and fix the leak at no charge.
When you initially had issues with your transmission and BMW HO stated they would take care of you up to a year outside of warrenty, was your concern at that time over an oil leak? If not, (and assuming you are out of warrenty) I can understand why they will not cover the repair. I'm in the EPP program, I've been in the BMW "family" with cars both in and out of warrenty being serviced at dealers. I've had to pay for oil leaks and loan cars when out of warrenty - thats life.
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