How to get Mazda's attention and get things fixed!

[Hawkr]

Just a suggestion.

I am in the process of using a rule of law which applies to anyone who has had their MSP FINACED through the dealer. In the US there is a rule called "Holder in due course" what this means is that you can use the holder of your finance contract as a means of forcing Mazda to fix your car. All finace contract have the following language in them:

NOTICE" any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery here-under shall not exceed amounts paid by the debtor hereunder"

What basically happens is that you notify your loan comapny in writing that you are using this rule. Then you stop making your payments. You put your car payments into a seperate bank account until the problem is fixed. It is amazing to watch how fast Mazda comes around when it is their finace company who is trying to get something done.

If you look on the WEB you can find various examples of this rule being used and in some cases you cannot only get your car fixed, but if it is shown that the company is knowingly not fixing something they should have you can recover up to treble damages.

Hope this helps. The more of us who use tools like this the faster Mazda will just take care of the isssues to make us go away.

 

[jflo]

interesting, but how would you do this exactly ? can you copy and paste an example ?

 

[122 Vega]

Keep in mind you still have to apply case law to this. Then your mods will likely get it thrown out. If it is legitimate, then there are other easier ways to get your car fixed.

Britt

 

[MazdaDryvr]

wow, all i ever had to do was go in and show them my problem and they fixed it. Just lucky I guess.

 

[Ryoga28]

Sounds interesting...I skimmed an article on this and I'm still a bit confused. I guess that's why I should get pre-paid legal

 

[122 Vega]

Or just marry a Lawyer like I did, she's always on permanent retainer...

Britt

 

[Ryoga28]

I wish I had a lawyer in the family...unfortunaly all my friends will be doctors in the futures and you know what they say about doctors and lawyers. ^_^

 

[JDM Sam]

yea that works especially if your loan is under mazda north american credit!

 

[ZapWizard]

I don't suppose this works on getting my radio fixed any faster?

 

[Hawkr]

Follow Up

I don't suppose this works on getting my radio fixed any faster?

Depends.... I have used this twice now. Neither time have I had to actualy go all the way and file the papers and withhold payment. It seems that the threat of taking this action is enough.

I did contact the finance company to inform them of my intentions, they called the dealer and all of a sudden the dealer is able to fix my problem, get those back ordered parts, reproduce the problem - well you get the idea.

As for the comment about "MODS" a dealer or manufacturer cannot deny the repair of your vehicle under warranty strictly because you have installed modifications. They have to show that the mods you added directly contributed/caused the failure.

Example: You added a high flow cat, and the radiator line starts leaking. The dealer would have to show that the mod caused the leak. NOT GOING TO HAPPEN.

Dealers may threaten, deny or just be a pain in th A**, but when it comes right down to it you the consumer have most of the rights on your side and the "Holder in due course" law is a way for you to enlist the aid of another company to fight your battles and negate the dealers/manfacturesr advantage of size and money.

An informed consumer is a dangerous consumer - Companies Beware! (wrc)

 

[JOS3]

interesting...luckily i havent had any problem with my dealership yet *knocks on wood*

 

[WillisW555]

yea that works especially if your loan is under mazda north american credit!

(mswerd)

Also, I'm not going to just stop making my payments. They'll screw up my credit. Besides I have Mechanic's Bank.

 

[Riles]

Well, according to the clause in the contract, it won't screw up your credit, because you are allowed to do it. But, it would only work if you are financing it through Mazda- a separate bank is not "the seller of goods or services obtained", and withholding payments from them WOULD mess up your credit.

Makes me wish I financed my car.

 

[Hawkr]

How To Use Holder In Due Course

How to Use Holder In Due Course

If your financing was done throught the dealer, it does not have to be Mazda Credit Corp. It only has to be arranged by the dealer. Example my financing is with Chase, but the dealer set it up.

When you use this tool the finance company cannot make any negative reports on your credit, cannot take your car, cannot harass you etc. When you invoke this law you may receive a call from the finance company credit or collections group trying to convince you that you have to pay, they may threaten you etc. Just stay with the law and ask to speak with a supervisor, manager or legal department until you get someone who knows this law and what they are talking about.

"Holder In Due Course" What this means is as follows.

"ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER"

This clause is included in every consumer credit contract in the US.

You send a letter like the following to both the finance compnay and the dealer by certified return receipt requested mail.



Re: VIN: Loan Number:


To whom it may concern:

I purchased my vehicle on Enter Date from Enter Dealer Name.

"Give a brief explination of what has happen and what the poblem is. The problem does not have to be a show stopper such as a blown engine, it can be a series of small things that will cause " SHAKEN FAITH" loss of faith in the value/saftey of the vehicle" Example below:"

I have had my vehicle in for warranty work 6 times for correction of a major hesitation during acceleration which is so bad that at times it has almost caused accidents or loss of control of the vehicle, for the correction of rear sway bar bushing problems 2 times, sound system problems 3 times, front suspension problems 2 times with no satisfaction and no remedy.

I wish to invoke my rights under The Holder in Due Course laws, and will no longer be making payment until this matter is remedied. I am asking for a return of my out of pocket monies or a new vehicle as well as any additional damages as provided for.

I have gone far beyond that which is called for under the law in seeking a remedy and or recourse for these problems, to no avail, therefore we are at this point.
I am aware of what you can and cant do, and ask that you refrain from making a negative credit report or attempting to take my vehicle until this matter is resolved.

Please advise me as to how you would like to proceed?

Sincerely,

Your Name

Cc: Dealer


The bottom line is that you can use the size and resources and relationship of the finance company to compel the dealer to honour the terms of the warranty and or purchase agreement.


Links for more information:

http://www.fdic.gov/regulations/laws/rules/6500-2600.html

scroll down to the heading: FEDERAL TRADE COMMISSION TRADE REGULATION RULE CONCERNING THE PRESERVATION OF CONSUMERS' CLAIMS AND DEFENSES

Another source of recourse:

http://www.lemonlawamerica.com/state_laws/colorado.htm

This site says Colorado, but "The Magnuson-Moss Warranty Act", "Uniform Commercial Code" are for every state and Lemon Laws also apply in every state in some form or another.

Hope This helps.

An informed consumer is a dangerous consumer (wrc)

 

[mspdfreak]

wow, all i ever had to do was go in and show them my problem and they fixed it. Just lucky I guess.

(mswerd)

 

[apocman]

Or just marry a Lawyer like I did, she's always on permanent retainer...

Britt

LUCKY BASTARD (gtfo)