Warranty Lawyers
- Thread starter t3ase
- Start date
A written denial notice still has not been faxed to me, so I'm a bit curious as to how they were so quick in verbally 'denying' the warranty but yet cannot simply fax a written statement to go with it.
I spoke to two attorneys today and was told not to discuss publically what we spoke about but we're waiting on that written statement. Without it in writing, they cannot enforce it and without in writing, we cannot use it in court. A verbal "contract", whether it be an initial agreement or a denial, is not held as hard "evidence" in court. So again, I'm a bit curious as to why they have yet to provide written documentation for their decision.
Also, the initial call consisted of Andrew Jabsen informing me it was denied due to a "fuel system modification". The calls I made back to him and the call MazdaUSA made to the dealership came up with "all of the modifications" and "just modified". Had the dealership been told to void the warranty due to the initial "fuel system modification", you'd think that reason would be held as a consistant one, instead of switching to "all of the modifications". I hope that makes sense..
In the end, I'm having a hard time believing that the dealership is voiding it due to modifications at all. I'm believing more that the dealership is covering for the tech since the work *was* done improperly and they're just looking for a reason.
That's my opinion, though.
I spoke to two attorneys today and was told not to discuss publically what we spoke about but we're waiting on that written statement. Without it in writing, they cannot enforce it and without in writing, we cannot use it in court. A verbal "contract", whether it be an initial agreement or a denial, is not held as hard "evidence" in court. So again, I'm a bit curious as to why they have yet to provide written documentation for their decision.
Also, the initial call consisted of Andrew Jabsen informing me it was denied due to a "fuel system modification". The calls I made back to him and the call MazdaUSA made to the dealership came up with "all of the modifications" and "just modified". Had the dealership been told to void the warranty due to the initial "fuel system modification", you'd think that reason would be held as a consistant one, instead of switching to "all of the modifications". I hope that makes sense..
In the end, I'm having a hard time believing that the dealership is voiding it due to modifications at all. I'm believing more that the dealership is covering for the tech since the work *was* done improperly and they're just looking for a reason.
That's my opinion, though.
Man I had a similar problem with mine. see my thread. http://www.msprotege.com/forum/showthread.php?t=65857&highlight=mazda+dicks+msp+owner
I made them fix the **** ups their incompetent tech did. Let me know if I can be of any help. I feel your pain. Oh I found one more wrong bolt recently since i did my clutch and motor mounts, but I dunno if it's worth the gas to drive there and make em get me one rather than to order it from a closer dealer.
I made them fix the **** ups their incompetent tech did. Let me know if I can be of any help. I feel your pain. Oh I found one more wrong bolt recently since i did my clutch and motor mounts, but I dunno if it's worth the gas to drive there and make em get me one rather than to order it from a closer dealer.
rodslinger
Member
You want to e-mail bomb some people...t3ase said:
((Emails removed. That could be bad. They were noted, though))
Have fun.
One a related note, go and pick up your car from the dealer. Have them give you a copy of the service order with the reason the warranty was denied printed on it. That's your written documentation from them.
Then go home and send a certified letter to MazdaUSA advising them that they are in violation of your warranty rights and have 14 days to remedy the non-conformance. It will be VERY helpful if the tranny shop will include an affidavit of what they found when they opened it up. If Mazda doesn't respond to that, file a claim in state court for breach of contract and seek repurchase of the vehicle. They'll probably be calling you the next day.
I had to do it that way as the paint on my bumper was coming off. Dealer denied it as "impact" damage. Five hours after receiving my certified letter they were faxing me a release agreeing to pay the estimate I had sent to have the front of the car repainted.
They'll do the right thing when they understand you aren't gonig to play games with them.
Last edited by a moderator:
rodslinger
Member
Understood... For everyone else, they can be easily found again if you do a search... This is also how I got them to fix the engine rattle in my P5. I e-mail bombed everyone for a week until they overnight shipped an updated ECU to my local dealer.t3ease said:
http://www.msprotege.com/forum/showthread.php?t=22294&page=5&highlight=e-mail
I think emailing that many people may be considered a bad thing in Mazda's eyes. At this point, playing nice yet remaining firm and following attorney advice is my best bet. If the email I sent happens to get forwarded to those people, I can't do anything about it. However, sending to every known Mazda employee I can kinda seems like a not so good idea, yanno?rodslinger said:
mazdaowner123
Member
Heh, how'd that come up, t3ase? Did they say something to you? Hope things work out.
~brian
~brian
Okay, update time.. I'm limited in what I can say now due to the fact that I may end up going to court after all but for now, apparently the dealership manager has talked to a rep in Houston who is wanting to have a "Japanese inspector" come out and look at the car Monday or Tuesday. Why they need a Japanese inspector to come out and look at the car, I don't know. However, I did state that I need an answer by Wednesday at the latest, as I have two offices that are waiting for an answer from me before they begin to start charging.
Good times.
Good times.
