PDA

View Full Version : my letter to a dealer denying warranty service



nocar
04-30-2006, 05:43 PM
|3reddy's car was denied service for a lsd failure at his dealership, im helping him out in writing a letter that will be faxed to the dealer. the reason being is my friend is buying his car so i figured id try to help out. if anyone can add to this or help me revise that would be great, its going to be sent on monday. the car has cai and a bov btw. here it is,


Attention: Tom Masano Auto Group

Subject: Vehicle Warranty Denied; request for compliance.

Chris Reedy is a customer who has purchased a 2003 Titanium Mazdaspeed Protege from the Tom Masano Auto Group has been declined his request for warranty service on his vehicle. The vehicle was dropped on 4/25/2006 for service and a representative from your company by the name of 'Phil' (believed to have been the service manager) declined the service to be performed under warranty. The service manager never took the car in for service. Chris Reedy was vocally denied for his request of repair to his vehicle under warranty. At no time was there any paperwork clearly explaining why the Tom Masano Auto Group refuses to cover a vehicle that is clearly stated under warranty by the Tom Masano Auto Group.

According to the Magnusson-Moss Warranty Act "once a business decides to offer a written warranty on a consumer product, it must comply with the Act.”

Under Magnusson-Moss Act a dealer must prove, not just vocalize, that aftermarket equipment caused the need for repairs before they can deny warranty coverage. If they cannot prove such claim-or offer an explanation- it is the customers legal right to demand compliance with the warranty. The Federal Trade Commission (202.326.3128) administers the Magnusson-Moss Act and monitors compliance with warranty law.

According to the provisions in the Magnuson-Moss Warranty - Federal Trade Commission Improvement Act, It is the dealership's responsibility to prove that your modification directly caused or affected the failure you are trying to resolve.

The Magnusson-Moss Warranty - Federal Trade Commission Improvement Act of 1975 protects consumers from such fradulent activity by new car dealers. Under this Act, aftermarket equipment that improves performance does not void a vehicle manufacturer's orginial warranty, unless the warranty clearly states the addition of aftermarket equipment automatically voids your vehicle's warrany or if it can be proven that the aftermarket device is the direct cause of the failure.

The Act makes it easier for purchasers to sue for breach of warranty by making breach of warranty a violation of federal law, and by allowing consumers to recover court costs and reasonable attorneys' fees. This means that if you lose a lawsuit for breach of either a written or an implied warranty, you may have to pay the customer's costs for bringing the suit, including lawyer's fees.


We feel that Chris Reedy has not received proper documentation stating the reason why the vehicle was denied for service under warranty. We ask that the vehicle in question be reviewed for any improper aftermarket modifications directly linked to the failure of

part #'s:
G5ro-27-350b- 2 bearings
GS01-27-190a- Differential
F520-17-628- Nut, lock
F521-17-628a- Nut, lock


I have also researched a full list of LSD Failures from a Mazda enthusiast board msprotege.com
User Name – Mileage @ Failure
1. IngreXCo - 9,000
2. JDM Sam - 12,000
3. 03BlkMicaSPD - 10,000
4. Gcotton - 15,000
5. T3ase - 24,000
6. Romeo1 - 20,000
7. 03Speed - 23,000
8. 035msp - 12,069
9. Wanta Fanta - 17,000
10. Collegejoe101 - 15,279
11. BillyJoelDwain - 19,000
12. Cam2 - 13,000
13. Arlsmazdaspeed- 15,000
14. RX-Kevin - 35,000
15. 1338 - 32,000
16. bbrk753 - 14,000
17. 01Se_to_03MSP - 47,116
18. Blkzoomzoom - 6kmiles, 10kmiles
19. CustomMSP - 48100
20. Mspeed101 - 26,000
21. WoFo Speed - 24,000
22. gen1pro - 48,500
23. Mspdave125 - 30,000 KM
24. MoJoeTCM - 46,000
25. Hookedup240 - 22,500 Miles
26. EqaulmindsMSP - 22,282 Miles
27. MrDiggler - 32,000 Miles
28. irr5302 - 42100 Miles
29. Mazspeedboy - 51,000 miles
30. Sixmil - 39,000 miles
31. Caughtbycops- 22,000 miles
32. Fede_italiano - 31,000 miles
33. jaw307 - 40,398 miles
34. TXMazdaSpeeder - 46,120 Mile
35. IngreXCo - 32,000 miles round 2
36. RoScO12Jr 23,000 miles
37. JVJcivil - 39,539 miles
38. Tytanium - 41,200 miles
39. MSPROTEGE2NR- 25,000 Miles
40. Makako - 18,000
41. AdamRg - 44,000
42. yellerandahalf - 25,000
43. BlkHwkCE - 24,000
44. ForceFed - 33,000 mi
45. Spooled - 46,100 miles
46. Orng1 - 44,000
47. miss_steele_msp. - 31,000 miles
48. JDuncan - 39.5K
49. protegeric - 45,000 miles
50. Arlsmazdaspeed - 32,700 round 2
51. 505Zoom - 38,000 miles


As you can see there are a number of Mazdaspeed protégé owners from the msprotege board alone that have experienced failed LSD’s.

We believe that the claim that Chris Reeds protégé was beat on or raced etc is not evidence enough to link LSD failure to aftermarket parts. In no way does this satisfy reason for warranty denial. Please reconsider repairing the vehicle in a timely manner or a written reason as to why Chris Reeds vehicle will not be serviced under warranty.

210_ZOOM
04-30-2006, 06:04 PM
bump for help

Hellnightkid
04-30-2006, 06:20 PM
i am selling my msp too, anyway.
Did u contact Mazda USA, wt did they say? wt kind of warrenty is that? a local dealership warrenty or a Mazda warrenty?
what is this mail go to? to the owner of the dealership or Mazda USA. please let me know.

ForceFed
04-30-2006, 06:21 PM
They should not deny his warranty for a known problem...if there was not a problem, then mazda would not have changed to an updated LSD which should not fail in the same way as the first....The original unit was flawed from day one with weak welds.

low_psi
04-30-2006, 06:22 PM
Get a lawyer to write the letter. The dealer doesn't want to hear from a concerned friend.

mp3moose
04-30-2006, 06:26 PM
Get a lawyer to write the letter. The dealer doesn't want to hear from a concerned friend.

best advice is right here. I am not a lawyer but I see several flaws in that letter.

nocar
04-30-2006, 06:26 PM
and how much is it gonna cost to have a lawyer write the letter? i think |3reddy rather just pay out of pocket than go through anything more for some reason so this is just more like a last hope really, id follow through with it if it was my car because it kind of pisses me off that they are gonna do that

DeanSweet
04-30-2006, 06:28 PM
should change vocally to verbally.

-Dean

PS good luck. your letter will be tossed in the trash can. Call Mazda USA.

REMillers
04-30-2006, 08:38 PM
And also naming the forums members and failures doesn't add much to it, you can phrase it more along the lines of there are numerous other owners who have had warrenty serviced fullfill by Mazda for this similar failure.

But the names and mileage of failure...mmm just doesn't seem like it belongs.

low_psi
04-30-2006, 09:39 PM
A lawyer would prob only charge $50 to type up a letter and have it delivered.

Some of the syntax is incorrect in your letter, the list of failures isn't organized meaningfully and referencing the MM Act won't do any good if you have no legal backing(lawyer).

JDM Sam
04-30-2006, 09:50 PM
That letter is not going to cut it. Pay a lawyer.

cdrpyro
05-08-2006, 01:21 PM
Also check and make sure that the dealer is a Mazdaspeed dealer or something to that effect. I remember reading that the warranty only has to be honored at a Mazdaspeed dealer, not necessarily the place you bought it. I could be wrong though.

patmaz
05-08-2006, 01:42 PM
first of all,call mazda usa,and speak with the warranty plan manager for your region,be polite,gentleman,and explain your points...

second,if he dosent want to make arrangement,call a lawer,and get it write and send by him...

i had a problem with mazda 3 years ago for the driver seat in my car,wich appeared 2 weeks after i bought it brand new,the dealer told that it was normal and there was nothing to be done to fix the situation(cloth from the down part of my seat was coming appart from the foam,leaving the cloth with a big warp in the middle....

so the next morning i called mazda canada at toronto canada,and spoked with the warraty claim plan manager for the east division of canada...

i explained him my points,and he new it was the 3rd mazda bought new by me,and told him that if that issue was not resolve in the next 7 business days,he d get back the car and a judge would decide about this issue...

a dealership has to respect the manufacturer warranty,its not to them to decide,for every job they do,they have to do claim to mazda,and its for them to decide...

there is laws for thoses kind of things,and they have to follow it,just like anybody else....

the problem is known,they didn t make a recall,but they have the parts ready to change,so they know about it,and have to do it....

good luck,and defend your points.....

by the way,my seat has been changed 3 days after,and never got any other problem with my dealer after that,like magic....