Ford Focus Forum, Ford Focus ST Forum, Ford Focus RS Forum - View Single Post - Had anyone been through a Lemon Law case?
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Old 01-25-2013, 11:32 AM   #6
forceflow2
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Join Date: Aug 2011
Fan#: 89089
Location: North Charleston, SC
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Quote:
Originally Posted by snow12 View Post
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
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).
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2012 Ford Focus Sterling Grey Metallic SEL Sedan
Ordered: 8/6/11 VIN: 9/6/11 Build Date: 8/30/11
Delivery: Originally estimated 9/19/11. Delivered 9/22/11. picked up 9/24/11.
Reacquired by Ford under Lemon Law 01/16/13.
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