Warranty Lawyers
- Thread starter t3ase
- Start date
I wasn't supposed to post the letter for legal reasons but since a few of you asked me, I hope I don't accidently copy & paste it.. Blah. That'd suck
To each of you this email was sent to,
On Friday, October 22, 2004, my 2003 Mazdaspeed Protege (VIN#<removed>) was picked up by Heritage towing via Mazda Roadside Assistance and transported to Premier Mazda in Georgetown due to transmission failure from lack of transmission fluid.
The whole incident started as I was returning to work from a lunch break and shifted on the highway to change lanes for an upcoming exit. When I did shift, there was a loud shattering noise, the car stalled and without panicking, I was able to steer from the left lane to the right median without power. Once stopped, I immediately noticed that the clutch pedal was depressed without my assistance and was fully against the stopper/floor.
Due to my previous history with Premier and Roger Beasley North dealerships, I immediately called a third-party wrecker and the car was bought home so I may decide whether to approach the dealership or just fix it myself. I eventually opted to take the car to a recommended privately owned and operated transmission shop, Pflugerville Transmission. The reasoning for going there was, again, my previous history with dealerships. I've been to the dealership countless times for issues, including what I think now totals at four visits for transmission related issues.The first being an overly burnt clutch at 12k miles, the second being a broken CV axle, the third being a LSD failure, and the forth now being the current issue; a self-devoured transmission due to lack of transmission fluid. Every time I've been given the same "due to abuse" reasoning but the staff eventually fixed the issues, whether due to "good deed" or warranty coverage.
With the previous LSD failure incident, I was going through a business parking lot and after stopping at a red light, the car would rev without moving. I immediately called Mazda Roadside Assistance, who took the car to Premier Mazda. Once they received the car and gave it an initial inspection, Andrew advised me that the factory (replaced at 12k miles) clutch was to blame and that would not be covered. He did not tear the transmission apart and did warn me that if they did and they found it to not be covered, I would be held responsible for the labor. Not being able to afford the labor, I took Andrew's advice and assumed the clutch was damaged. The car was picked up and taken to a shop where an upgraded ACT clutch (~$300) was installed, with both the clutch and labor at my expense.
The mechanic called me after installing that clutch and told me that the car still would not move, even after the new unit was in place. We concluded that it may be best if Mazda picked the car up and inspected the car for another cause for the problem.
After the car was delivered, I was initially declined a loaner car pending inspection because Andrew, the service manager, had to "make sure he crossed the t's and dotted the i's" when it came to my car and the warranty claims for it. Andrew also commented to my father that "Mazda is not going to keep sponsoring my 'race car'", as he informed him that the LSD was to blame and would be covered under warranty. He also stated he had not seen a problem (LSD failure) like it and that aggressive driving was the cause.
When I picked the car up from Premier Mazda, the technician working on my car, who I believe was John Long, also stated that it took a month or so to get this repair done and they were going to make me "wait longer every time I brought the car in until I stopped breaking it". I'm sure it was a joke and I'm sure he was being sarcastic, however, with the previous reoccurring "abuse" reasoning, after thought, it wasn't quite as humorous. The stock clutch was not returned nor was the state of the clutch mentioned, so I was out $300 for a clutch that wasn't even really warranted. As I was waiting on the paperwork, I went out and spoke with the technician about the LSD problem. When I did speak to him, he asked if I wanted to see what the problem was and was able to immediately lead me to his area where another Mazdaspeed was being worked on. The problem? A split LSD. The same split LSD problem that Andrew had previously stated he had never seen and was due to my "driving habits".
Now it appears that the LSD problem was so wide spread that Mazda reintroduced a different version of the Tochigi Fuji LSD because of this issue. It is now a common problem on several online Mazda Protege discussion groups.
So now the car is finally fixed or so I thought.
Until this.
As Pflugerville Transmission pulled the transmission to diagnose the problem, they observed several missing bolts, a ground that was not connected and transmission fluid that seemed to be non-existent. The clutch was also in several pieces, as it had shattered when the problem occurred. Because of the clutch being in pieces, I went ahead and ordered yet another clutch and flywheel, again with my own money, and had Pflugerville Transmission install it. When we contact them to inquire about the install status, they then informed us of the missing fluid. The staff advised us to take the car to Mazda since the Mazda tech was the last one to touch my transmission. The guys stayed late to wait for a tow truck, which I paid for, and the car was brought to my house while I decided if I did want to deal with Mazda's "outlook" on me again. I was convinced that having the car taken to Mazda was a good idea, as a lack of fluid was an obvious "cut and dry" warranty issue.
As previously mentioned, my car was picked up on Friday, October 22, 2004 and Andrew contacted me early Tuesday, October 26, 2004 to inform me that the transmission would not be covered under warranty. He told me that the Mazda regional representative had come by and declined coverage due to "fuel system modifications". When I asked what a fuel system modification had to do with a transmission not having fluid, Andrew stated that the representative was the one who made the decision and gave me the number to Mazda USA.
I called Mazda USA's corporate number (800.222.5500) and spoke with Jerry at ext 1134 in the Mazdaspeed section. Jerry looked my car up by VIN and told me he would call Andrew to get his side of things. On call back, Jerry stated the warranty was declined due to "numerous modifications". So we've changed from a single "fuel system modification" to a more generalized "numerous modifications" cause.
Having previously read SEMA's "Consumer Bill of Rights" and making myself somewhat familiar with the Magnuson-Moss Warranty Act, I am fully aware that while "Alteration, modification, tampering, etc." is stated as "What Is Not Covered By Mazda" in Mazda's warranty information, Mazda cannot rightfully deny a warranty claim unless an aftermarket product is specifically pointed out to be the cause of the damage. An example being if I were to install an alarm system and I cut or soldered an incorrect wire and the radio shorts out specifically because of that, Mazda can deny me night and day. Another example being if I were to install an aftermarket cold air intake and the MAF sensor becomes damaged specifically because of it, Mazda can deny me night and day. An example NOT being if I install a new fuel pump and the transmission is damaged due to no fluid.
After speaking to two attorneys, both advised that if needed, small claims court would be rightfully justified and a "breach of contract" may be found. Breach of contract due to the fact that when the LSD repair was made, it is understood that by law that repairs are to be made in an exact matching status of a new unit. In this case, that means no missing bolts, no unconnected ground wire and no lack of transmission fluid. However, the technician that repaired my car at that time did not completely fulfill his obligations under warranty because of those issues. Now I have a car that is inoperable and is not being claimed under warranty, even after knowledge of the lack of fluid is mutually understood.
On October 26, 2004, I spoke with Andrew numerous times on the phone throughout the day asking that he contact the regional representative to try and get him to contact me in regards to the warranty issue. I also asked Andrew to fax a written notice of specifically why the warranty was denied but instead he faxed me a copy of policy 3.22, Warranty Coverages.
Before this issue is taken further, I would like to give Premier Mazda and/or Mazda USA a chance to resolve this situation, which is the reason for this letter.
I am now asking, in writing, that either Premier Mazda or Mazda USA warranty this transmission issue due to what appears to be a lack of proper repair by the Mazda technician who serviced the vehicle at the time of the LSD failure. From my understanding of consumer rights laws and the interpretations of those laws/rights given to me by the two attorneys I have contacted, we are all convinced that this is again, an improper repair gone bad.
This letter has been sent to the service manager, Andrew, at Premier Mazda along with several individuals, general mailboxes, and organizations. If the issue still goes unresolved, a hardcopy will be mailed to the the same people/organizations along with two additional individuals in hopes of receiving a response that way, before any other actions are taken.
Thank you for your time and quick resolution.
To each of you this email was sent to,
On Friday, October 22, 2004, my 2003 Mazdaspeed Protege (VIN#<removed>) was picked up by Heritage towing via Mazda Roadside Assistance and transported to Premier Mazda in Georgetown due to transmission failure from lack of transmission fluid.
The whole incident started as I was returning to work from a lunch break and shifted on the highway to change lanes for an upcoming exit. When I did shift, there was a loud shattering noise, the car stalled and without panicking, I was able to steer from the left lane to the right median without power. Once stopped, I immediately noticed that the clutch pedal was depressed without my assistance and was fully against the stopper/floor.
Due to my previous history with Premier and Roger Beasley North dealerships, I immediately called a third-party wrecker and the car was bought home so I may decide whether to approach the dealership or just fix it myself. I eventually opted to take the car to a recommended privately owned and operated transmission shop, Pflugerville Transmission. The reasoning for going there was, again, my previous history with dealerships. I've been to the dealership countless times for issues, including what I think now totals at four visits for transmission related issues.The first being an overly burnt clutch at 12k miles, the second being a broken CV axle, the third being a LSD failure, and the forth now being the current issue; a self-devoured transmission due to lack of transmission fluid. Every time I've been given the same "due to abuse" reasoning but the staff eventually fixed the issues, whether due to "good deed" or warranty coverage.
With the previous LSD failure incident, I was going through a business parking lot and after stopping at a red light, the car would rev without moving. I immediately called Mazda Roadside Assistance, who took the car to Premier Mazda. Once they received the car and gave it an initial inspection, Andrew advised me that the factory (replaced at 12k miles) clutch was to blame and that would not be covered. He did not tear the transmission apart and did warn me that if they did and they found it to not be covered, I would be held responsible for the labor. Not being able to afford the labor, I took Andrew's advice and assumed the clutch was damaged. The car was picked up and taken to a shop where an upgraded ACT clutch (~$300) was installed, with both the clutch and labor at my expense.
The mechanic called me after installing that clutch and told me that the car still would not move, even after the new unit was in place. We concluded that it may be best if Mazda picked the car up and inspected the car for another cause for the problem.
After the car was delivered, I was initially declined a loaner car pending inspection because Andrew, the service manager, had to "make sure he crossed the t's and dotted the i's" when it came to my car and the warranty claims for it. Andrew also commented to my father that "Mazda is not going to keep sponsoring my 'race car'", as he informed him that the LSD was to blame and would be covered under warranty. He also stated he had not seen a problem (LSD failure) like it and that aggressive driving was the cause.
When I picked the car up from Premier Mazda, the technician working on my car, who I believe was John Long, also stated that it took a month or so to get this repair done and they were going to make me "wait longer every time I brought the car in until I stopped breaking it". I'm sure it was a joke and I'm sure he was being sarcastic, however, with the previous reoccurring "abuse" reasoning, after thought, it wasn't quite as humorous. The stock clutch was not returned nor was the state of the clutch mentioned, so I was out $300 for a clutch that wasn't even really warranted. As I was waiting on the paperwork, I went out and spoke with the technician about the LSD problem. When I did speak to him, he asked if I wanted to see what the problem was and was able to immediately lead me to his area where another Mazdaspeed was being worked on. The problem? A split LSD. The same split LSD problem that Andrew had previously stated he had never seen and was due to my "driving habits".
Now it appears that the LSD problem was so wide spread that Mazda reintroduced a different version of the Tochigi Fuji LSD because of this issue. It is now a common problem on several online Mazda Protege discussion groups.
So now the car is finally fixed or so I thought.
Until this.
As Pflugerville Transmission pulled the transmission to diagnose the problem, they observed several missing bolts, a ground that was not connected and transmission fluid that seemed to be non-existent. The clutch was also in several pieces, as it had shattered when the problem occurred. Because of the clutch being in pieces, I went ahead and ordered yet another clutch and flywheel, again with my own money, and had Pflugerville Transmission install it. When we contact them to inquire about the install status, they then informed us of the missing fluid. The staff advised us to take the car to Mazda since the Mazda tech was the last one to touch my transmission. The guys stayed late to wait for a tow truck, which I paid for, and the car was brought to my house while I decided if I did want to deal with Mazda's "outlook" on me again. I was convinced that having the car taken to Mazda was a good idea, as a lack of fluid was an obvious "cut and dry" warranty issue.
As previously mentioned, my car was picked up on Friday, October 22, 2004 and Andrew contacted me early Tuesday, October 26, 2004 to inform me that the transmission would not be covered under warranty. He told me that the Mazda regional representative had come by and declined coverage due to "fuel system modifications". When I asked what a fuel system modification had to do with a transmission not having fluid, Andrew stated that the representative was the one who made the decision and gave me the number to Mazda USA.
I called Mazda USA's corporate number (800.222.5500) and spoke with Jerry at ext 1134 in the Mazdaspeed section. Jerry looked my car up by VIN and told me he would call Andrew to get his side of things. On call back, Jerry stated the warranty was declined due to "numerous modifications". So we've changed from a single "fuel system modification" to a more generalized "numerous modifications" cause.
Having previously read SEMA's "Consumer Bill of Rights" and making myself somewhat familiar with the Magnuson-Moss Warranty Act, I am fully aware that while "Alteration, modification, tampering, etc." is stated as "What Is Not Covered By Mazda" in Mazda's warranty information, Mazda cannot rightfully deny a warranty claim unless an aftermarket product is specifically pointed out to be the cause of the damage. An example being if I were to install an alarm system and I cut or soldered an incorrect wire and the radio shorts out specifically because of that, Mazda can deny me night and day. Another example being if I were to install an aftermarket cold air intake and the MAF sensor becomes damaged specifically because of it, Mazda can deny me night and day. An example NOT being if I install a new fuel pump and the transmission is damaged due to no fluid.
After speaking to two attorneys, both advised that if needed, small claims court would be rightfully justified and a "breach of contract" may be found. Breach of contract due to the fact that when the LSD repair was made, it is understood that by law that repairs are to be made in an exact matching status of a new unit. In this case, that means no missing bolts, no unconnected ground wire and no lack of transmission fluid. However, the technician that repaired my car at that time did not completely fulfill his obligations under warranty because of those issues. Now I have a car that is inoperable and is not being claimed under warranty, even after knowledge of the lack of fluid is mutually understood.
On October 26, 2004, I spoke with Andrew numerous times on the phone throughout the day asking that he contact the regional representative to try and get him to contact me in regards to the warranty issue. I also asked Andrew to fax a written notice of specifically why the warranty was denied but instead he faxed me a copy of policy 3.22, Warranty Coverages.
Before this issue is taken further, I would like to give Premier Mazda and/or Mazda USA a chance to resolve this situation, which is the reason for this letter.
I am now asking, in writing, that either Premier Mazda or Mazda USA warranty this transmission issue due to what appears to be a lack of proper repair by the Mazda technician who serviced the vehicle at the time of the LSD failure. From my understanding of consumer rights laws and the interpretations of those laws/rights given to me by the two attorneys I have contacted, we are all convinced that this is again, an improper repair gone bad.
This letter has been sent to the service manager, Andrew, at Premier Mazda along with several individuals, general mailboxes, and organizations. If the issue still goes unresolved, a hardcopy will be mailed to the the same people/organizations along with two additional individuals in hopes of receiving a response that way, before any other actions are taken.
Thank you for your time and quick resolution.
mazdaowner123
Member
Wow, very well written letter. Glad things worked out for you, Clay. What'd Andrew say in response to your letter? lol
~brian
~brian
mazdaowner123
Member
t3ase said:
I didn't want to assume anything. And yes super well writen letter.DigitalHeadShot
Member
- :
- 05 EVO "MR", 04 mazda3
its funny how the world works with a well written letter, its as if you frighten and confuse them, it will all go away.
lol Dont feel bad because I have had to write several letters to other companys b4.
lol Dont feel bad because I have had to write several letters to other companys b4.
well the dealerships try to get away with it at 1st, because they believe most car owners are dumb and will not try to fight their decisions...so when you write a well worded letter like this man has done, you let them no you aren't ******* around and then they will give in. It's too bad they just don't warranty their work in the 1st place instead of being dicks.
DigitalHeadShot
Member
- :
- 05 EVO "MR", 04 mazda3
it never made anysence to me at all due to the fact that mazda dealerships just charge mazda corp for the work and make some cash.. I guess they dont want to have to look bad or something.
This situation was slightly different from the rest due to the fact the problem was caused by the technician who serviced the vehicle. So it wasn't really a "modification denial", it was more of a "cover my tech's ass" denial. Regardless of the modifications present, the issue is the technician failed to put fluid back in the transmission. MazdaUSA sees this as a **** up for the dealer and, I think, that's why they initially denied coverage.. They were hoping I'd run off and do it all myself, keeping MazdaUSA unaware of the mistake.
So now I have to go out of town soon as today Andrew states I cannot have a loaner car. Why? "They" told him to not allow me to have a loaner car. They being Mazda USA, as he later pointed out when he told me to call them instead of talk to him about why I cannot get a car.
So now I'm talking to MazdaUSA again about why I'm not covered since this is the dealership's mistake. Should they still deny me, then to court I go. This is ridiculous considering I'm always cool when talking to them due to my past "customer service" positions.. I know how dealing with b****y people every day is, so I keep myself from being one of those people.
Anyway, rant over.
So now I have to go out of town soon as today Andrew states I cannot have a loaner car. Why? "They" told him to not allow me to have a loaner car. They being Mazda USA, as he later pointed out when he told me to call them instead of talk to him about why I cannot get a car.
So now I'm talking to MazdaUSA again about why I'm not covered since this is the dealership's mistake. Should they still deny me, then to court I go. This is ridiculous considering I'm always cool when talking to them due to my past "customer service" positions.. I know how dealing with b****y people every day is, so I keep myself from being one of those people.
Anyway, rant over.
The dealership just wants to save $35 a day. As I was told, Mazda doesn't really pay for the rentals, the dealership does. However, that's besides the point. You are entitled to a rental because of warranty repairs done to your car.
Btw, I'm one of those b****y and picky bastards...
Btw, I'm one of those b****y and picky bastards...
Okay well, I spoke with the attorney yet again and he just told me to play it off and get the tranny done and not go back. With the mileage on my car, it's not like I'll need to go back again so we're just leaving the loaner car issue alone.
He did advise me to take the car to Pflugerville Transmission after the repair was done to verify it's all okay looking and if it's not, get a written statement and take the car right back.
So, 1329 shall return.
He did advise me to take the car to Pflugerville Transmission after the repair was done to verify it's all okay looking and if it's not, get a written statement and take the car right back.
So, 1329 shall return.
So what became of this? I'm assuming they did the repair and did it well. I can't imagine they wouldn't at this point in time.
Remarkable. I had horrible experiences at both South and North yesterday trying to grab a Mazdaspeed Miata.
After reading this, I'm strongly considering not buying another Mazda while living in Austin.
-E
Remarkable. I had horrible experiences at both South and North yesterday trying to grab a Mazdaspeed Miata.
After reading this, I'm strongly considering not buying another Mazda while living in Austin.
-E
