Contour Enthusiasts Group Archives Forums General General GETTING THE SHAFT FROM FORD!!

I just had a warranty claim denied!!!

now I really need help.

Just got the offical phone call they denied my warrentee claim. "Abuse"

They also won't give me any phone #s on where to go next to get this denial reversed.

I'm roaylly screwed if this is denied.
Turns out I check out "oasis" from another dealer he says the trans has been replaced or rebuilt 3 times. Prior to me owning the car.

once @ 26K Dealer unknown
again @ 41K Packey Webb Wheaton, IL
again @ 41K a week later Packey Webb Wheaton, IL
that was about 29,000 mile ago.
2 days later the thing ends up back at the dealer with a trans leak.
"missing oil galley plug found" Fix, install new plug, top off fluid and clean undercarrige.
That would take the life off one of these trans, right?

Somewhere a junk yard tranny was stuck in there, who knows when!!!



In the mean time Terry Haines, contacts me right before I was going to contact him, (quick guy) he says he can act as a third party and reinspect the transmission for me. So I might be able to go after Ford Legally.

Ford know I'm young and broke, they figure I won't be able to seek legal help. They might be right...
Hoping to spark some thought on what I can do...

Travis

The Ford customer relations number is 1-800-392-FORD. It may not help you much though. Ford no longer answers the phones themselves. They have contracted it out. The main thing that the Customer Assistance Center does is call the dealer back and let them know that they still have an unhappy customer (as if they didn't already know that). They are toothless. You can ask for the Ford rep to discuss this with you. Sometime they will and sometimes they won't.

Have they provided you with whatever their objective evidence of abuse is?

Your best recourse may very well be small claims court.

Before going further, it would be good to know what sort of warranty is involved. The factory warranty would have ended at 3 years or 36,000 miles, whichever comes first. Do you have an extended wattanty? If you do, is it a Ford ESP or is it something else?

Ford won't honor the warranty if the car's been abused or raced. Your screen name of Blackbirdracing is damning evidence there, man.

Mitsubishi is doing the same thing to people racing theier EVO cars.

My warranty is Ford ESP premium care. (whatever)

It's good until 75K or 06/06 whichever first.

Thanks for your help guys, I already called the customer care line, that is a crock of you know what. They are about as good as nothing

Travis

Do you know if ESP sent an inspector to look at your car? It is possible but uncommon. If they did, the inspector would have sent pictures as well as his statement about why it was not covered. Should you go to court, this information would be used. Shopuld you go to court you would want to get all the info that the dealer and Ford have compliled about your car (through the discovery process) so that you can effectively answer to it.

From Autoweek:

You Break it, You Buy it
Whether abuse or autocrossing, most automakers are not covering it
ANDREW LUU
Published Date: 7/5/04
Michael Miller didn���?�t know it, but the drivetrain warranty was already void on his son���?�s new Mitsubishi Evolution before he even took the car in for service to his local Salt Lake City dealership.

Unbeknownst to Miller, Mitsubishi placed a lifetime warranty restriction on the engine, clutch and transmission in Miller���?�s Evo because the company discovered the car had been entered in a Sports Car Club of America autocross event a month earlier.

Miller said that about two weeks after entering the Evo in the SCCA event he heard bad noises emanating from the engine bay and took the car in for service."The dealer performed a vehicle service inquiry and I was told there was a restriction placed on my file,"Miller says.

Bottom line: After entering the car in one SCCA event, Miller was left with a $7,000 bill for repairing two failed connecting rods and a blown turbocharger.

"Problems related to racing or modifications are not covered under warranty," says Mitsubishi spokeswoman Janis Little. "Autocrossing, or timed competition, is classified under the warranty terms as racing. It���?�s difficult for us to know if you���?�re out there racing, but if there is evidence of racing damage, we���?�re going to look into it and you may have warranty restrictions placed on certain parts of the vehicle."

Most owners recognize that part of the cost of going racing means footing the repair bill when something goes awry. Manufacturer warranties and owner manuals typically specify that harsh use, abuse, non-factory modifications and racing can void all or part of a vehicle���?�s warranty intended to cover defects in materials or workmanship. Miller���?�s case, however, raises questions about how the company discovered his autocross involvement.

The buzz in online communities suggests Mitsubishi is cross matching names from its owner database with SCCA autocross results. Those who turn up on both lists are notified that their vehicle warranties are void, the online chatter claims. Miller says Mitsubishi wasn���?�t clear on how it learned of his autocrossing.

Mitsubishi adamantly denies that it uses automated web search systems to look for Evolutions involved in race events."We don���?�t have people out there searching websites for names,"says Little.

No matter how racing involvement comes to the attention of an automaker, companies steadfastly stand by their right to limit warranty coverage���?�even if the cars they sell are clearly built for speed and marketed with flashy ads and brochures that promote enthusiastic driving. Most automakers say the same thing: Racing, track use, competition and other abuses aren���?�t covered.

"When it hits the track, all bets are off,"says Bob Carlson, Porsche Cars of North America spokesman.

For instance, even though Subaru pops for a one-year SCCA membership for every interested WRX buyer, and in its marketing materials appears to encourage owners to enter their cars in autocross events, the company says autocrossing is racing and racing can void warranty coverage. The WRX/SCCA application form says the SCCA"looks forward to helping you fully experience the benefits of owning this car."But the form also includes a disclaimer that Subaru���?�s warranty excludes "damage or failure resulting from participation in competition or racing events."

"If the damage looks to be racing related, you���?�re not going to be covered," says Subaru spokeswoman Larkin Hill. "We don���?�t want to punish the person who goes out once in a while and autocrosses���?�and that shouldn���?�t cause any problems with the car anyway. However, autocross is considered competition and the warranty does not cover abusive driving or competition. If you���?�re out there racing every weekend, you can���?�t expect us to fund it."

You���?�ll hear the same story at DaimlerChrysler Street and Racing Technology, where they make the Dodge SRT-4, the Viper-powered Ram SRT-10 and the supercharged Chrysler Crossfire SRT-6. "Technically, racing damage is not covered under warranty,"says SRT spokesman Dan Bodene. "If a guy autocrosses, submits a problem for warranty and the dealer suspects it is racing related, he���?�s going to huddle with our technicians to find out. If it is, our dealers are not obligated to cover it under warranty."

Chevrolet lures young buyers with the performance promise of its 2005 supercharged Cobalt SS, but the owner���?�s manual clearly states the warranty does not cover alterations and misuse.

"Under the misuse heading, such things like running over curbs, improper loading and competition or racing are spelled out specifically," says Chevy spokesman Mike Stoller. "If there���?�s a car coming into the dealer that has been racing and that results in damage, and it���?�s something that is probable or obvious, that would not be something we would be compelled to cover."

Internal investigations aren���?�t limited to autocrossing, but cover any activity deemed outside normal use, such as track days and plain old aggressive driving.

"If a guy���?�s constantly lighting up the tires on the street, that���?�s not normal wear and tear," says Chrysler���?�s Bodene.

Adds Mitsubishi���?�s Little: "You���?�re not going to get black-flagged just for entering an autocross, but if something happens we want people to be reasonable and responsible for their own actions. If you go once in a while, just like if you drive hard on the street, who���?�s going to really know? But if you���?�re coming in two or three times to replace a blown clutch, we know you���?�re probably testing your car���?�s 0-to-60 time."

But what about all those manufacturer- and dealer-sponsored"racing" events���?�track days, club meets and
performance driving programs that seem to encourage owners to drive competitively?

The big difference, companies note, is that manufacturer-sponsored driving programs such as Mazda���?�s Rev It Up or the Porsche Driving Experience provide cars and instruction, and no owner vehicles are permitted.

One rare exception is track day events organized, sponsored and sanctioned by the national Ford SVT Owners���?� Association and local Ford/SVT dealers. Owners bring their cars, and the association and participating dealers agree to cover any mechanical failures brought on by normal track use.

"Owners can participate in the instructional days without automatically voiding their warranties," says Ford Performance Vehicles spokesman Alan Hall. "Obviously if they abuse it [the car] on the track, or there���?�s a part that breaks due to aggressive driving, that will not be covered under warranty. But your warranty will not be voided across the board by just participating in that event. We don���?�t automatically void a warranty unless above-normal abuse is shown on a vehicle."