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-   -   Had anyone been through a Lemon Law case? (http://www.focusfanatics.com/forum/showthread.php?t=307474)

snow12 01-24-2013 11:03 PM

Had anyone been through a Lemon Law case?
 
I have basically HAD it with this car, tonight really has been the last straw. I am supposed to get a call from a CSM tomorrow but after reading the threads on here and the response from others I have pretty much concluded that nothing is going to get done. I have been talking with people and doing research on the Lemon Law. NCs Lemon Law states that the vehicle has to have been in for the same problem for 15 days or 4 times. Since it has technically only been in for the SAME issue once (cleaver job on the dealer with the wording) Ford has 3 more tries to fix the car. I am not trying to sound like a Debbie downer but when I say I have no hope I mean it, they only seem to care about selling cars here. I was really just wondering if anyone has gone though the Lemon Law process or the BBB option? I would like to know what I should have prepared etc? Thanks in advance to anyone that contributes, I really appreciate it [cheers]

Also if I am reading correctly NCs Lemon Law also states that the issue does not have to only be drivability issues?

Duffman355 01-25-2013 12:28 AM

you weren't the guy who posted a thread in this section last week or so were you on a similar subject? If you aren't that guy, use the search button or go back a couple pages. Threads like this where people give advice do exist do to the dct wonkiness with the new auto. Also check your TSB's. Ford does constantly work on these issues (especially the DCT) hence the constant updates for the trans. That's why I drive a stick besides the fact that is is more engaging.

snow12 01-25-2013 09:02 AM

This car would be great
 
Quote:

Originally Posted by Duffman355 (Post 4555877)
you weren't the guy who posted a thread in this section last week or so were you on a similar subject? If you aren't that guy, use the search button or go back a couple pages. Threads like this where people give advice do exist do to the dct wonkiness with the new auto. Also check your TSB's. Ford does constantly work on these issues (especially the DCT) hence the constant updates for the trans. That's why I drive a stick besides the fact that is is more engaging.

This car would be great if it didn't have the DCT and the MyFord Fail system. There are other issues like the wipers coming on when there is NO rain and engine noises but I could live with those oh and some annoying loud rattles. The DCT is garbage, I cant even drive it in traffic in my area because the POS overheats! Believe me if it didn't take me 40 minutes to complete what is supposed to be a 20 minute drive I would have picked a manual. In any event I'm gonna go through the process of letting them attempt to fix a couple of more times and if they do, great! If they can't however I just want to be ready with all of the documentation required to start the somewhat long process that I really don't have time for. /end rant

Oh and I dont think it was me who posted but if it was sorry [mecry]. I am new to the whole forum life.

csvt2060 01-25-2013 09:20 AM

This is a good place to start: http://www.bbb.org/us/auto-line-lemon-law/

snow12 01-25-2013 09:29 AM

Thanks!
 
Quote:

Originally Posted by csvt2060 (Post 4556278)
This is a good place to start: http://www.bbb.org/us/auto-line-lemon-law/

Thanks for the BBB link! Quick question do you happen to know how the whole process works? I know you drive an Escape, so you probably haven't had to think about it.

Edit : Well I suck! I just put two and two together and realized that Ford bought your Focus back. At least I think it was your thread [unsure]

forceflow2 01-25-2013 10:32 AM

Quote:

Originally Posted by snow12 (Post 4556291)
Thanks for the BBB link! Quick question do you happen to know how the whole process works? I know you drive an Escape, so you probably haven't had to think about it.

Edit : Well I suck! I just put two and two together and realized that Ford bought your Focus back. At least I think it was your thread [unsure]

I think I was the one he was talking about related to the thread posted last week:
http://www.focusfanatics.com/forum/showthread.php?t=306850

I can't claim to know the entire process for North Carolina, but this is how it went in South Carolina (the BBB process is probably the same, but any other requirements before or after it may be different). Looking at the NC law it seems to be pretty similar. 4 repairs for the same item or 20 days of cumulative repairs (it's 3 repairs or 30 days here). You should probably look at this page: http://www.ncdoj.gov/consumer/automo...lemon-law.aspx
Essentially you fill out the online form and they'll email/call you and send you a packet to fill out which is basically just asking what your problems are, are they still happening, how many times has it been worked on, how many days, what days were they, what's the current mileage of the car, etc. It's not overly difficult. They will also want all service papers and the lease/loan agreement if you have one. If you don't have some of the service papers or the dealership didn't give them to you, go to them and request them. They are required to give them to you. When you request the stuff from BBB, a CSM with Ford will probably call you again since the BBB alerts Ford that a claim is being worked on. Once you return the papers, they will process them to see if you meet the minimum requirements for a claim (not whether or not they think you will win), and let Ford know what is going on. Ford may voluntarily offer you something (extended warranty seems to be the most common) to make it all go away or, if they feel you have no claim, just tell you to pound sand. This is the mediation process. If this doesn't work out (and you meet the min requirements for a claim), they will proceed to arbitration. Essentially a meeting (at the closest BBB location, which could possibly be a fair drive) is scheduled between you, a Ford representative (will most likely call into the meeting) and an independent arbitrator from the BBB. You'll bring the car, the independent arbitrator will inspect it and go over what your claims were and you and Ford both make your statements regarding what you want and why you think they should side with you. After a few days (if I remember correctly, I didn't actually get to this part, but they explained it to me beforehand) they will send you the decision and what Ford is required to do, if anything. Arbitration is binding on Ford and not you, so if you don't agree with the ruling you don't have to do it, but Ford does (so if the arbitrator decides Ford must buy the car back from you for $500, then if you agree to it Ford has to do so - obviously this isn't something that would happen, but you know what I mean. Any ruling must be followed by Ford, but can be rejected by you). If you accept it, then Ford has like 60 days to comply with the ruling. If you don't accept or they don't rule in your favor, then your only other option is civil litigation (sue them).

csvt2060 01-25-2013 11:31 AM

Quote:

Originally Posted by snow12 (Post 4556291)
Thanks for the BBB link! Quick question do you happen to know how the whole process works? I know you drive an Escape, so you probably haven't had to think about it.

Edit : Well I suck! I just put two and two together and realized that Ford bought your Focus back. At least I think it was your thread [unsure]

Yes, my Focus was bought back about 8 months ago. The Escape was the replacement. I didn't have to go through the lemon law process, but knew about this if I needed to. The dealer stepped up and took care of getting Ford to buy it back.

The Escape, since built off the Focus chassis, has some of the inherent issues or traits, and is also a first year vehicle. Then commanilities to other Fords such as MFT. Unfortuantly it is now in the shop for many niggling issues and I am disappointed in how Ford has faltered me the last few years, after owning many of them with almost no warranty claims.

At least I don't have to deal with the Powershift clutch shudder and slipping anymore!

snow12 01-25-2013 11:50 AM

Quote:

Originally Posted by forceflow2 (Post 4556372)
I think I was the one he was talking about related to the thread posted last week:
http://www.focusfanatics.com/forum/showthread.php?t=306850

I can't claim to know the entire process for North Carolina, but this is how it went in South Carolina (the BBB process is probably the same, but any other requirements before or after it may be different). Looking at the NC law it seems to be pretty similar. 4 repairs for the same item or 20 days of cumulative repairs (it's 3 repairs or 30 days here). You should probably look at this page: http://www.ncdoj.gov/consumer/automo...lemon-law.aspx
Essentially you fill out the online form and they'll email/call you and send you a packet to fill out which is basically just asking what your problems are, are they still happening, how many times has it been worked on, how many days, what days were they, what's the current mileage of the car, etc. It's not overly difficult. They will also want all service papers and the lease/loan agreement if you have one. If you don't have some of the service papers or the dealership didn't give them to you, go to them and request them. They are required to give them to you. When you request the stuff from BBB, a CSM with Ford will probably call you again since the BBB alerts Ford that a claim is being worked on. Once you return the papers, they will process them to see if you meet the minimum requirements for a claim (not whether or not they think you will win), and let Ford know what is going on. Ford may voluntarily offer you something (extended warranty seems to be the most common) to make it all go away or, if they feel you have no claim, just tell you to pound sand. This is the mediation process. If this doesn't work out (and you meet the min requirements for a claim), they will proceed to arbitration. Essentially a meeting (at the closest BBB location, which could possibly be a fair drive) is scheduled between you, a Ford representative (will most likely call into the meeting) and an independent arbitrator from the BBB. You'll bring the car, the independent arbitrator will inspect it and go over what your claims were and you and Ford both make your statements regarding what you want and why you think they should side with you. After a few days (if I remember correctly, I didn't actually get to this part, but they explained it to me beforehand) they will send you the decision and what Ford is required to do, if anything. Arbitration is binding on Ford and not you, so if you don't agree with the ruling you don't have to do it, but Ford does (so if the arbitrator decides Ford must buy the car back from you for $500, then if you agree to it Ford has to do so - obviously this isn't something that would happen, but you know what I mean. Any ruling must be followed by Ford, but can be rejected by you). If you accept it, then Ford has like 60 days to comply with the ruling. If you don't accept or they don't rule in your favor, then your only other option is civil litigation (sue them).

Thanks for the explanation! That doesn't sound like to terrible of a thing to go through but it will still be inconvenient. Ford still has a couple of tries to fix the car but I have the feeling that a "fix" will never come because they say nothing is wrong so I just wanna be prepared.

Quote:

Originally Posted by csvt2060 (Post 4556429)
Yes, my Focus was bought back about 8 months ago. The Escape was the replacement. I didn't have to go through the lemon law process, but knew about this if I needed to. The dealer stepped up and took care of getting Ford to buy it back.

The Escape, since built off the Focus chassis, has some of the inherent issues or traits, and is also a first year vehicle. Then commanilities to other Fords such as MFT. Unfortuantly it is now in the shop for many niggling issues and I am disappointed in how Ford has faltered me the last few years, after owning many of them with almost no warranty claims.

At least I don't have to deal with the Powershift clutch shudder and slipping anymore!

I bought the Focus off of advice from friends and co workers. One of them drives a 1st Generation Fusion which I now know was the reliable one while another drives a 2010 Focus which has never had problems. I am very disappointed in Ford and can really say that I probably wont be buying another. I find it so terrible how Ford denies there is a problem with the transmission in this car. I know one person who has a TDI Jetta and from what I have read it has the same style transmission. Whenever I ride in that car it has always been smooth and actually that transmission seems to shift so much quicker than ours but I really dont know cause I rarely pay attention to stuff like that.

Recently the cars engine has been taking a long time to start as well. Maybe ill post a video later but I really think the issues with the transmission are starting to affect the engine in some way. Either that or there is an engine problem that has caused the transmission to have an issue.


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