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Old 12-06-2012, 10:25 AM   #43
Just Tom
Focus Enthusiast
 
Join Date: Nov 2012
Fan#: 106663
Location: Sunny SoCal, CA
What I Drive: 2013 Focus Ti (5 Dr.)

Posts: 224
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Quote:
Originally Posted by PratoN View Post
They're going to have to kiss ass if they ever want me to buy another new Ford product. I already bought an ESP, but it's useless if:

1) They deny it's broken
2) They charge me with $125 in "diagnosis fees" because [see point 1]

I've done all that I can and I can't lose $6k by selling this car. My options are now:

1) Live with it
2) Crash the car into a tree to ensure I'll either total the car or need a new transmission (hmmm http://www.impactauto.ca/runList?act...FOCUS&rowpos=0)
3) Drive like an ass to ensure the clutch falls apart within the warranty period
4) Have a private shop fix it/fix it myself

I don't really like any of those options. The car has 38k miles, so it's well past lemonability. I'm open to your suggestions.

Current plan is somewhere between "Live with it" or taking it to the dealer once more (there is a possibility that I'll get charged $125) if that happens, I'll pay it and then ask to purchase $800 in new parts and do it myself. It's well-documented that they can only deny warranty claims if they have proof that what you did damaged the vehicle. So if I go to a mom&pop shop and pay a tech to loosen the bolts on my bell housing and oil starts coming out. Can I then have it towed to Ford and just pay the shop the $15 of their time I wasted? I could certainly do it myself, but I feel like that would be more difficult to say "I didn't break it."
The lemon law should be an option. It sounds like you haven't looked to deeply in to it. In most cases whether the warranty has expired or not is irrelevent; assuming that is the issue was present earlier on. Every state has a lemon law and if repeated attempts to have your car repaired have failed and the problem persists, then you might look in to hiring an attorney who specializes in lemon law cases. Typically attorney's don't charge you anything if they accept the case, instead they seek their attorney's fees from the manufacturer when the case settles. Believe me the manufacture doesn't want these cases to go to trial, so they have a healthy incentive to resolve these issues before they go to court. Your first step should be to contact Crystal at FOMOCO to see if she can escalate the issue to a Regional Manager who can enure that they have the right people working on your problem.

If that fails, then you always have the option of using the lemon law. The way it works is when your car is accepted as a lemon, the manufacturer buys the car back from you. Under (California) law, that means you get ALL OF YOUR MONEY BACK. This includes downpayment, all of yor monthly payments, taxes, title, licensing fees, service charges and any money spent on parts and accessories. They do subtract out prorated mileage for your use of the vehicle (per mile) beginning with the first service visit where the defective issue originated. This is why I say the fact that your car is out of warranty with 38,000 is irrelevant because the claim begins with the first service visit, not your existing mileage. If the car was accepted under the lemon law for transmission issues and you waited until 15,000 miles before having the vehicle serviced for that specific issue, but the car now has 38,000 miles on it, the first 15,000 miles are subtracted out using a mileage calculation, such as 0.20 per mile. eg.. 15,000x0.50=$3,000. So in this example you would be charged $3,000 for the use of the vehicle during the first 15,000 miles where the car was "defect free". This money would be deducted from the amount they owe you. So let's assume the total you've invested equaled $13,000 (payments, downpayment, etc, etc) they would subtract the $3,000 and you would receive a check for $10,000. This is the option that most people prefer, because then you can use that money to buy any make/model vehicle you want or use it for something else if you like. Option 2 would be to have the car replaced with a new one. If you plan on buying another Ford, then this may not be a bad option. Obviously as a manufacturer it costs them less to build a car than it does you to buy one. The point here is they may reward you for sticking with the brand and upgrade you in to a different model or higher trim package than the car you have now.

So before doing anything, I'd recommend that you take a deeper look in to the lemon law for your state or even better contact a lemon law attorney and request a free consultatation. That would be a very good start.
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