Warranty claim denied
- Thread starter 954_ms3
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- 1999 Miata, emerald green mica
...and as anyone who has ever had a speeding ticket knows (raises hand), "signing this ticket is not an admission of guilt"
heh.
I concur with the above. . . that's complete BS. I Really like the $500 dollar in the console remark!
Keep us posted!
-jason
heh.
I concur with the above. . . that's complete BS. I Really like the $500 dollar in the console remark!
Keep us posted!
-jason
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intak3_bLkMs3
they broke at least 3 rights that your privileged to have as a civilian in the us of a. im a minor in business law and so i do know a bit about this. this would be ridiculously easy to hold up in court. i pm'd you with some info, seriously dont stand for this teach them a lesson. it was no where near legal for them to search your glove box. they called you letting u know they were going to have an egineer check out your SHIFTER. even in there implied oral contract no where does it state were going to check other places. take them to court win lots of $$ =D. if not that i can freaking give u a scrypt on what to read off that will get you the service done for free lol.
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FMOS Racing
Member
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- 2008 MS3, plus a pickup and a beater car
They aren't law enforcement charging a citizen with commiting a crime so there isn't anything "illegal" about them looking in his glovebox. However, it is unethical and shouldn't be tolerated.
MikeHTally
Member
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- 2008.5 Speed3, 2006 Chrysler 300C, 2003 Ram 1500
Very true. "Unlawful search and seizure" only applies to LEOs, not the rest of us.
Speed3Rookie
Member
I dunno...they could argue they had to remove the console to check the shifter so the tickets "could" have fallen out during the removal of the console.
they could argue that, but having speeding tickets does not show abuse to the shifter at all. the only way they could "plead" abuse is if they see physical damage that was clearly done by the driver or was in the car while he was driving it, if the story's real then there denial of the warranty is bulls***
Educate yourself on...
Magnuson-Moss Act. You can find a good summary on Wikipedia. The next time you talk to them inform them they are violating the Magnuson Moss Act, a federal regulation, and that you are protected by the Federal Trade Commission, A US Government agency, against this type of ambiguous or broad sweeping denial of warranty claims. A Rover dealer tried to tell me once that the slightly over sized off road tires I put on my car voided the suspension warranty. I simply asked them if they had heard of the Magnuson Moss Act and they immediately changed their tune and made the repairs to my vehicle under warranty. It appears to me that Mazda figures people who buy their cars are too young or uneducated enough to know their rights and as such they have a policy of denial of claims. Could be the makings of a class action suit if it keeps up.
Magnuson-Moss Act. You can find a good summary on Wikipedia. The next time you talk to them inform them they are violating the Magnuson Moss Act, a federal regulation, and that you are protected by the Federal Trade Commission, A US Government agency, against this type of ambiguous or broad sweeping denial of warranty claims. A Rover dealer tried to tell me once that the slightly over sized off road tires I put on my car voided the suspension warranty. I simply asked them if they had heard of the Magnuson Moss Act and they immediately changed their tune and made the repairs to my vehicle under warranty. It appears to me that Mazda figures people who buy their cars are too young or uneducated enough to know their rights and as such they have a policy of denial of claims. Could be the makings of a class action suit if it keeps up.
most likely, the dealership receives a prorated hourly rate when Mazda NA pays for it - they want the full she-bang! someone else mentioned earlier to ask for their BBB (better business bureau) number - that's a good idea, it works in most cases. i had a shop putting brakes on my GFs car once and they tried to bill her $150 over the original estimate, stating they had to replace bearings also (which they may have done), but they never called her to authorize any additional amount above the estimate. i asked for the BBB number, they put the owner on the phone and he waived the additional charges. when i worked for capital one, we were told that if anyone asks for the BBB#, to transfer them to a manager, the manager usually took care of the problem. however, if they feel they have a viable reason not to pay, asking for the BBB# probably won't make a difference...
Unfortunately although there are many laws that protect you such as the magnuson-moss act, the sad thruth is the most money usually prevails. I see a lot of people on these forums say all you have to do is bring up the magnuson moss and you win . . . Although that may arguably be true, there are many ways big players can evade / manipulate the system. For example delaying the court hearing or other ways of slowly draining your money, effort, and time. They already have lawyers being paid so its no sweat off their backs.
If things continue to go downhill make sure you evaluate the amount of time / money you will be investing in a portential court hearing. You also had a CAI which is another advantage the dealer has. The dealer could say pretty much anything in regards to your CAI causing problems. If the numbers end up to be too much you will be better off swallowing the 500 bucks and taking your car (hopefully with the CAI uninstalled) to another dealer.
Also just FYI although classic mazda hosted mazdapalooza this year, they are notorious (according to these forums) for not being the best / honest dealership. From what I have seen, a mazda dealer in lakeland is supposed to be pretty decent if your willing to make a little drive.
If things continue to go downhill make sure you evaluate the amount of time / money you will be investing in a portential court hearing. You also had a CAI which is another advantage the dealer has. The dealer could say pretty much anything in regards to your CAI causing problems. If the numbers end up to be too much you will be better off swallowing the 500 bucks and taking your car (hopefully with the CAI uninstalled) to another dealer.
Also just FYI although classic mazda hosted mazdapalooza this year, they are notorious (according to these forums) for not being the best / honest dealership. From what I have seen, a mazda dealer in lakeland is supposed to be pretty decent if your willing to make a little drive.
Now did they leave the speeding tickets in the car? If not, then you could make some bank...BUT most likely I take it they left them. First off they had no reason to go through your car, which I would actually flip out over. I can not stress to you how much they can NOT do that. You seriously need to march in there and bypass the service manager and go straight to the gm, I would leave them a copy of your lawyers card as well...Dude you need to do something big time man.
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intak3_bLkMs3
its called a tort people. like i said i do study business law. it was implied over the phone that they were going to look over the shifter for sigh's of abuse. if it wasnt abused im sure they would of tryed something else to get out of it but if it wasnt abused he would of been clear of it yes? this would of obviously would of been implied. so they have terms and reach an agreement. they have everything needed to make this a legal contract. they breached that contract when they looked without informing him. therefore if they did bring up the speeding tickets in court they could not be used as evidence. there are certain rights to all citizens that if breached by a business they can sue.
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well i just got back from the dealership and they were uncooperative to say the least. the service manager told me that "chris the engineer" came and left this morning and decided that i had abused the car. i said fine, as this wan not news to me. i then asked for a way to get in contact with chris, i was then told he couldn't give me the number. ok fine, what is chris' last name, the service manager said he was unsure. i asked for ANY kind of documentation from the "engineer", any paper trail, ANYTHING. i was told that he took all of it and he had nothing for me. the only info i got was chris the engineer said no do not warranty this and that my car had been flagged for transmission problems
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- '13 CWP MS3 & '16 Mazda6 GT
call mazda NA
Call Mazda NA and lodge a formal complaint against the dealership and ask them to resolve the issue. Let them know that this incident has significantly lessened your opinion of Mazda as a whole. I can't believe that Mazda NA would side with the dealership on such a clearly ridiculous claim as 'you have speeding tickets, therefore you must have abused the shifter'. I would follow-up with Mazda NA in writing and copy it to the Service Manager and the owner of the dealership.
If that still doesn't resolve it, you will have to get an attorney to call the dealership or send a letter on your behalf.
Good luck!
If that still doesn't resolve it, you will have to get an attorney to call the dealership or send a letter on your behalf.
Good luck!
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intak3_bLkMs3
you are all taking this on one act. when in fact it is there duty to deal only with the problem u informed them and check only that for any abuse. trust me any half ass lawyer can pull this off in court
stfu why would i make this up?
very true
they argued that very point, but i also told them that the instructions for putting it back together wasn't written on my ticket
they left them in there but you could tell they had read through them
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Heh, when Mazda builds a car with 270 hp stock... did they really think that people wouldn't get tickets in it?
This type of thing has come up before within the Cleveland 6 club. Try other dealers too. If they can't produce a name for the engineer, I highly doubt that they filed your VIN with a black flag...especially with no hardcore proof other than speeding tickets. Hell, if I were trying to get something fixed under warranty on my Protege (impossible to with 140k miles) and they saw "Squeal & Peel" on my record for sliding thru an intersection... I'm sure I'd be really screwed with this logic. Even if I was going in for a noisy blower motor.
This type of thing has come up before within the Cleveland 6 club. Try other dealers too. If they can't produce a name for the engineer, I highly doubt that they filed your VIN with a black flag...especially with no hardcore proof other than speeding tickets. Hell, if I were trying to get something fixed under warranty on my Protege (impossible to with 140k miles) and they saw "Squeal & Peel" on my record for sliding thru an intersection... I'm sure I'd be really screwed with this logic. Even if I was going in for a noisy blower motor.
oh for the record there were 4 tickets in my center console: improper lane change, running a red light, 85 in a 40, and racing on highway
the first 2 tickets were in my MS3, the speeding and racing were NOT committed in my MS3. they were from my previous car (2005 RSX)
also they found a couple time slips from a local track, which aren't mine, and told them i was holding them for a friend
the first 2 tickets were in my MS3, the speeding and racing were NOT committed in my MS3. they were from my previous car (2005 RSX)
also they found a couple time slips from a local track, which aren't mine, and told them i was holding them for a friend
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WOW man thats alot of ******* tickets! thats amazing, no s***. Down right amazing 85 in a 40 WOW! I really am shocked to say the least!
But they still shouldve fixed your s*** and not even went in your stuff.
service dept + looking in your stuff + not fixing your s*** = GAY
But they still shouldve fixed your s*** and not even went in your stuff.
service dept + looking in your stuff + not fixing your s*** = GAY
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