Warranty denied

merc123 · Jun 4, 2007

My rear end went out the other day. They said every bearing in there was burned up. They will not warranty it because I had Ford 3.73 gears put in by a Ford dealership. Anyone remember the warranty stuff that says it must be the part that failed...

streetstang03 · Jun 4, 2007

take it to another dealership. thats

04fullitgt · Jun 4, 2007

streetstang03 said:
take it to another dealership. thats

+1

they said the same crap to me, It took me an hour of yelling but I finally got my stang fixed!

merc123 · Jun 4, 2007

They had an "inspector" or something come out. The dealership didn't deny it, the adjuster did.

Besides that, the thing is tore down and won't roll anywhere. I'm calling Ford complaing about Manuson-Moss...

thomas91169 · Jun 4, 2007

youll prolly lose.

they will cite that the final drive ratio led to increased rpm, which led to the bearing failures. its not like they are trying to say mufflers led to engine failure or something rediculous. it wont be hard for them to win this one, gears=increased rpm=more strain on moving parts=void warranty.

heres a thought. if you want to mod the car, dont get the ****ing warranty. unless you can mod the car to a point where you can de-mod it 100% before taking it in for repair, you just wasted however much for a useless warranty.

merc123 · Jun 4, 2007

Actually, they said that my TB, CAI and 18" wheels and tires were the cause. They cited every aftermarket part I had.

Here's at thought, maybe the car CAME with a warranty that I didn't have to pay for.

merc123 · Jun 4, 2007

Federal Warranty Laws
1.The Magnuson-Moss Warranty Act (15 U.S.C. 2302(C))

This federal law regulates warranties for the protection of consumers. The essence of the law concerning aftermarket auto parts is that a vehicle manufacturer may not condition a written or implied warranty on the consumers using parts or services which are identified by brand, trade, or corporate name (such as the vehicle maker's brand) unless the parts or service are provided free of charge. The law means that the use of an aftermarket part alone is not cause for denying the warranty. However, the law's protection does not extend to aftermarket parts in situations where such parts actually caused the damage being claimed under the warranty. Further, consumers are advised to be aware of any specific terms or conditions stated in the warranty which may result in its being voided. The law states in relevant part:

Ordie · Jun 4, 2007

If they said that then yes I would more than likely fall under the Magnuson Moss Act.

I can understand someone if they said the gears themselves cause the problem.

merc123 · Jun 4, 2007

I think they shot themself in the foot because about 4 weeks ago they replaced tranny parts (5th gear and reverse) under warranty and it all ALL of those parts they deemed responsible for the rear end failure. Why did they honor that but not this one?

TrueBlue03 · Jun 4, 2007

man im sorry to say but you're going to lose either way in the long run. i've dealt with that same situation at least 3 times now and built such a horrible relationship with my dealer.

modify the car = your fault when it comes down to it. They just screw you out of your money at every opportunity.

your best bet is to do what streetstang said.... just take it to another dealer. every dealership is different and differently run. you're lucky that they even installed the gears in the first place. my dealership usually refuses to touch my car without telling me they have to charge for it because i've voided warranty on so many different things.

blackfang · Jun 4, 2007

If the regional service rep came and looked at it, you are done. It now is in the system and EVERY dealership can see this.

Yeah you can use the Magnuson Moss Act, but keep in mind the burden of proof is on them( failed rear, with aftermarket gears). Plus Ford Motor Co have lawyers retained for them and this could be a long battle, do you?

merc123 · Jun 4, 2007

blackfang said:
If the regional service rep came and looked at it, you are done. It now is in the system and EVERY dealership can see this.

Yeah you can use the Magnuson Moss Act, but keep in mind the burden of proof is on them( failed rear, with aftermarket gears). Plus Ford Motor Co have lawyers retained for them and this could be a long battle, do you?

Done it before with my Cougar and got $5,000 out of the deal. Yes, they have burden of proof and can cite the aftermarket gears, however THEY installed the gears. Plus, they cited all my OTHER aftermarket parts when 3-4 weeks before they fixed the tranny under warranty. I'm going down tomorrow to talk to the dealership owner to see what he wants to do.

68stang351 · Jun 4, 2007

That sucks man, there is a MM&FF sitting in front of me that has a long in depth article over exactly this situation. It's June 06 if you can get a hold of one it has some tips for dealing with these situations. They talked with several Ford dealers and officials.

It talks about a 3 step process that you can go through if your claim is denied.
"1. Contact you Sales Rep or Service Advisor at your dealer.
2. If your inquiry or concern remains unresolved, contact the Sales Manager, Service Manager, or Customer Relations manager.
3. If you require assistance or clarification on Ford Motor Company policies or procedures, contact Ford Customer Relationship Center at 1-800-392-3673 (FORD)."

"If you are still unhappy, you can persue a Dispute Settlement Board. If it comes to this, it says that you should go to an independant shop and get a certified, experienced mechanic or expert to make a statement saying that the personalized items installed on the car did not contribute to the loss. Then, go back to the dealer and show them what this expert said; tell them you think they should reverse their decision on not honoring your warranty, and that you're aware of the Magnuson-Moss act and their responsibilities under it. But don't be confrontational."

It also says to try taking it to another dealer before you get Ford involved.

It also talks about the FoMoCo - Dealer relationship as being franchisor-franchisee. So did a dealership representative deny the claim or did a Ford Motor Company representative deny it?

Hopefully this is of some help and I didn't type all this for nothing, lol. Just trying to help.

blackfang · Jun 4, 2007

merc123 said:
Done it before with my Cougar and got $5,000 out of the deal. Yes, they have burden of proof and can cite the aftermarket gears, however THEY installed the gears. Plus, they cited all my OTHER aftermarket parts when 3-4 weeks before they fixed the tranny under warranty. I'm going down tomorrow to talk to the dealership owner to see what he wants to do.

Now is it they as in the dealer or the Regional rep? You said the rep was the one who denied the claim.

You can fight this, however, just because last time you won, doesn't mean you will everytime. If you got the money and time to fight it, then do it. Honestly it is out of the owners hands. Once the Regional rep gets involved the dealership is out of the loop UNLESS they decide to eat it themselves.

Ordie · Jun 4, 2007

You will probably wind up spending more money than it would cost to fix the rear end.

merc123 · Jun 5, 2007

Because the gears were installed on active duty, I get free legal representation from an Army lawyer.

Other than that, I'm going to take it to my mechanic to get it done and just try to recoup the $$ paid in settlement or court.

cooper58d2002 · Jun 5, 2007

merc123 said:
Because the gears were installed on active duty, I get free legal representation from an Army lawyer.

Other than that, I'm going to take it to my mechanic to get it done and just try to recoup the $$ paid in settlement or court.

Good luck i tryed to get an army lawyer to help settle a dispute i had with one of the used car dealers outside of post one of their employees backed into the side of my car at the parts store and the guy wouldn't pay me to fix it and his dealership had some lame insurance company that was giving me the runaround. He finnally went out of buisness and i never did get the $ to fix the dent his employee put in the side of my car.

merc123 · Jun 5, 2007

Don't think Ford is going out of business any time soon

merc123 · Jun 5, 2007

Well, I'm screwed they say. They keep passing me on number to number. I have to pay $300 to get it rolling because they will put it back together with all the burnt up bearings and what not. Then I have to pay even more for an entire new rear end package pretty much.

They said bearings, ring and pinion, all seals, etc are burned up. They tell me it's over $1,000 in parts.

007 · Jun 5, 2007

Get your car out of the dealership and never go back to one again. Find a decent local mechanic who has experience with stangs and performance etc. Thats what I did a few years back and its so much cheaper and a guy who does plenty of aftermarket gear installs etc. is always going to be better than the ford tech that does it twice a year.

You might want to by a new aftermarket diff?

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