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Old 06-27-2007, 11:06 PM   #11
scalderon
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well so far they are still saying no and giving me the runaround. they are claiming that the diagnostics test didnt flag the pump as being bad, they are claiming that the PCV Valve, PCV Hoses, and the non-oem spark plugs is what is causing the problem, i even showed them the articles where it says that they are not suppposed to run diagnostics before they have to replace the fuel pump.....so tomorrow the ford field engineer/technician is supposed to be at the dealership and they will tell them about my problem and if he ok's it they will replace it, and on top if they decide not to warranty they are trying to charge me the diagnostics test
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Old 06-27-2007, 11:09 PM   #12
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That's BULLSHIT. Plain and simple. You brought it in for a RECALL. If the recall applies to your car and it isn't listed as being performed yet (they keep track of that stuff by VIN) they need to do it to bring it up to spec.

Seems pretty simple to me and it sounds like the dealer is trying to dodge the warranty work. I still say you try/threaten to call the regional service manager (if there is such a thing with Ford). Usually a threat or a call to higer ups will resolve most problems.
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Old 06-27-2007, 11:20 PM   #13
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Recall, Schmecall...

Hit them with the BIG Hammer. If they want to play games, raise the ante.

Ever hear of the Federally mandated emissions warranty?

Last time I checked a fuel pump is a fuel metering device.

REGARDLESS of what you have done (OEM spark plugs) in terms of maintenance to the vehicle the Federal Government requires that regardless of the factory warranty, BY LAW the dealer has to replace the faulty part at no charge to you. There is a limit of 8 years or 80,000 miles though, but you are well within range.

See next post for the full text on the law. Read and then go staple it to the service manager's forehead Devil Dog.
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Old 06-27-2007, 11:26 PM   #14
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I've bolded key parts.

Source: http://www.epa.gov/otaq/consumer/warr95fs.txt

A. PERFORMANCE WARRANTY

The Performance Warranty covers repairs which are required during
the first 2 years or 24,000 miles of vehicle use because the vehicle
failed an emission test. Specified major emission control components
are covered for the first 8 years or 80,000 miles. If you are a
resident of an area with an Inspection and Maintenance (I/M) program
that meets federal guidelines, you are eligible for this warranty
protection provided that:

* Your car or light-duty truck fails an approved emissions test;
and

* Your vehicle is less than 2 years old and has less than 24,000
miles (up to 8 years/80,000 miles for certain components); and


* Your state or local government requires that you repair the
vehicle; and

* The test failure does not result from misuse of the vehicle or a
failure to follow the manufacturers' written maintenance
instructions; and

* You present the vehicle to a warranty-authorized manufacturer
representative, along with evidence of the emission test failure,
during the warranty period.

B. DESIGN AND DEFECT WARRANTY

The Design and Defect Warranty covers repair of emission related
parts which become defective during the warranty period. The Design
and Defect warranty for model year 1995 and newer light-duty cars and
trucks is outlined below:

Design and Defect Warranty Coverage for 1995 and newer light-duty
vehicles:

* Emission control and emission related parts are covered for the
first 2 years or 24,000 miles of vehicle use; and

* Specified major emission control components are covered for the
first 8 years or 80,000 miles of vehicle use.


According to federal law, an emission control or emission related
part, or a specified major emission control component, that fails
because of a defect in materials or workmanship, must be repaired or
replaced by the vehicle manufacturer free of charge as long as the
vehicle has not exceeded the warranty time or mileage limitations for
the failed part.


Design and Defect Warranty coverage may vary depending on the
type of vehicle you have (e.g., heavy-duty trucks, motorcycles or
recreational vehicles have different time and mileage requirements).
To determine the length of warranty coverage that applies to your
vehicle, look for the emissions warranty information in your owner's
manual or warranty booklet. If you own a California vehicle, you may
be entitled to additional warranty coverage.


The owner's manual or warranty booklet will also provide you with
guidance on the procedures for obtaining warranty coverage. If you
have questions about the emissions warranties on your vehicle or need
help in filing a warranty claim, contact your local car dealer or the
manufacturer's zone or regional representative listed in your owner's
manual or warranty booklet.

What Emission Control and Emission Related Parts Are Covered by The
Design and Defect Warranty?

An emission control part is any part installed with the primary
purpose of controlling emissions. An emission related part is any
part that has an effect on emissions. Listed below are some examples
of parts or systems which fall under these definitions. A more
complete list can be found in your owner's manual/warranty booklet.
If any of the parts listed below fail to function or function
improperly because of a defect in materials or workmanship, causing
your vehicle to exceed federal emission standards, they should be
repaired or replaced under the emissions warranty if your vehicle is
less than 2 years old and has been driven less than 24,000 miles. One
manufacturer may use more parts than another, so the following list is
not complete for all vehicles.

EMISSION CONTROL PARTS

Exhaust Gas Conversion Systems

oxygen sensor thermal reactor
catalytic converter dual-walled exhaust pipe

Exhaust Gas Recirculation System

EGR valve thermal vacuum switch
EGR solenoid EGR spacer plate
EGR backpressure transducer Sensor and switches use to
control EGR flow

Evaporative Emission Control System

purge valve fuel filler cap
purge solenoid vapor storage canister and filter

Positive Crankcase Ventilation (PCV) System

PCV valve PCV solenoid

Air Injection System

Air pump diverter, bypass, or gulp valve
reed valve anti-backfire or deceleration valve

Early Fuel Evaporative (EFE) System

EFE valve thermal vacuum switch
heat riser valve

Fuel Metering System

Electronic control module (unit) or EFI air flow meter, computer
command module or mixture control unit, deceleration controls,
electronic choke, fuel injectors, fuel injection units and fuel
altitude compensator sensor, bars or rails for EFI or TBI systems,
mixture settings on sealed fuel mixture control solenoid, diaphragm
or other systems, fuel metering components that achieve closed/other
feedback control sensors/loop operation switches and valves

Air Induction System

thermostatically controlled air cleaner, air box

Ignition Systems

electronic spark advance timing advance/retard systems,
high energy electronic ignition

Miscellaneous Parts

hoses, gaskets, brackets, clamps and other accessories used in the
above systems

EMISSION RELATED PARTS

These are examples of other parts of your vehicle which have a
primary purpose other than emissions control but which nevertheless
have significant effects on your vehicle's emissions. If any of these
parts fail to function or function improperly, your vehicle's
emissions may exceed federal standards. Therefore, when any of the
parts of the following systems are defective in materials or
workmanship and have failed in a way that would be likely to cause
your vehicle's emissions to exceed federal standards, they should be
repaired or replaced under the emissions warranty:

Fuel Injection System

fuel distributor


Air Induction System

turbocharger intake manifold

Exhaust System

exhaust manifold

Ignition System

distributor spark plugs
ignition wires and coil

Miscellaneous Parts

hoses, gaskets, brackets, clamps, and other accessories used in
the above systems.


What Are Specified Major Emission Control Components?

There are three specified major emission control components,
covered for the first 8 years or 80,000 miles of vehicle use on 1995
and newer vehicles:

* Catalytic converters.

* The electronic emissions control unit or computer (ECU).

* The onboard emissions diagnostic device or computer (OBD).

Catalytic converters are critical emission control components
that have been installed on most cars and trucks manufactured since
1975. Since engines don't burn fuel completely during the combustion
process, the exhaust contains a significant amount of harmful
pollutants such as carbon monoxide, hydrocarbons, and oxides of
nitrogen. The catalytic converter aids the conversion of these
pollutants to less harmful substances such as carbon dioxide, water
vapor, nitrogen, and oxygen before the exhaust is expelled into the
environment.

The electronic emissions control unit or computer monitors
certain powertrain functions and controls various operating parameters
to help the vehicle run efficiently and with the lowest possible
emissions. Ignition, transmission function, air injection, exhaust
gas recirculation (EGR), engine operating temperature and fuel system
parameters are some of the systems monitored and/or controlled by the
electronic emissions control unit.

The onboard emissions diagnostic device monitors the operation of
a vehicle's emission control system and alerts the driver with a
dashboard light when malfunctions occur. The system will record where
the problem is occurring and assist automotive technicians in
diagnosing and repairing emission control malfunctions. Since some
emission control malfunctions do not have an adverse effect on vehicle
performance, they can go undetected by the driver for quite some time.
The onboard diagnostic device will help catch malfunctions early,
preventing a significant output of harmful exhaust emissions from your
vehicle, and possibly in time to be covered by the emissions control
warranty. Often this "device" is part of the electronic control unit
mentioned above.

How Long Do the Emissions Warranties Apply to Individual Parts of My
Vehicle?

For 1995 and newer model year vehicles, emission control and
emission related parts are warranted for the first 2 years or 24,000
miles of vehicle use. Specified major emission-control components are
warranted for the first 8 years or 80,000 miles of vehicle use.


Parts with a stated replacement interval, such as, "replace at
15,000 miles or 12 months," are warranted up to the first replacement
point only.

May I Have My Regular Repair Facility Perform Warranty Repairs?

If you plan to have the manufacturer pay for a repair under
either of the emissions warranties, you must take the vehicle to a
facility authorized by the vehicle manufacturer for repair to give
them the opportunity to diagnose and repair it. Note that if your
regular repair facility is not authorized by the vehicle manufacturer,
they are not obligated to advise you of parts that are covered under
warranty. Before giving your automotive technician the "go ahead" to
perform repairs, check your owner's manual/warranty booklet for
possible warranty coverage.

Do the Emissions Warranties Apply to Used Vehicles?

Yes. It does not matter if you bought your vehicle new or used
from a dealer or anyone else. As long as the vehicle has not exceeded
the warranty time or mileage limitations, these warranties apply.


IMPORTANT NOTE: Before buying a used vehicle, be sure that all of
the emission control components as originally installed by the
manufacturer are present and functioning properly. If emission
control components are missing or have been tampered with, or the
configuration of the exhaust system has been changed, the emissions
warranties on this vehicle may be void. In addition, if you live in
an area with an I/M program, the vehicle will probably not pass
inspection and you will incur the expense of parts or repairs
necessary for the vehicle to pass.


Can Any Portion of An Emissions Warranty Repair Be Charged to Me?

If you have valid warranty claim, you cannot be charged for any
costs associated with the diagnosis or repair of the problem,
including labor charges, parts, or miscellaneous items that are
necessary to complete the repair. For example, if a manufacturer
agrees to replace a catalytic converter under the emissions warranty,
you should not be charged for the diagnosis of the bad converter, or
any pipes, brackets, adjustments, or labor needed to complete the
replacement.


What Reasons Can the Manufacturer Use to Deny a Warranty Claim?

If your vehicle is within the age and mileage limits for the
applicable emissions warranty, the manufacturer can only deny coverage
if evidence shows that you have failed to properly maintain and use
your vehicle, causing the part or emission test failure. Some
examples of misuse and malmaintenance include the following:


* vehicle abuse such as off-road driving or overloading; or

* tampering with emission control parts or systems, including
removal or intentional damage of such parts or systems; or

* improper maintenance, including failure to follow maintenance
schedules and instructions specified by manufacturer, or use of
replacement parts which are not equivalent to the originally
installed parts.


What Should I Do If My First Attempt to Obtain Warranty Coverage Is
Denied?

If your first attempt to receive emissions warranty coverage is
denied, you should do the following:

1) Ask for a detailed explanation, in writing as to why emissions
warranty coverage was denied; and

2) Ask for the name(s) of the person(s) involved in the decision
to deny coverage, including anyone from the manufacturer's
regional or zone office; and

3) Ask for the name(s) of the person(s) with the manufacturer you
should contact to appeal the denial of coverage under the
emissions warranty.

4) Contact and, if necessary, write to the person mentioned above
requesting coverage and giving the basis for your request. Repeat
and continue the appeal process until you are satisfied or have
exhausted all means of appeal.


What If the Dealer Claims That My Vehicle Can Pass the I/M Test
Without Repair?

The law does not require that you fail every I/M test in order to
trigger the warranty. If a valid test shows that you have an emission
problem or there is a defective part, you should get it fixed, while
your vehicle is still within the warranty period. Otherwise, you
might fail a future test because of the same problem and have to pay
for the repair yourself. If you doubt your original test results or
the dealer's results or diagnosis, you can always get another opinion
from another dealer or your I/M program.


Do I Have to Show Any Maintenance Receipts Before I Can Make an
Emissions Warranty Claim?

No. Proof of maintenance is not required in order to obtain
coverage under the emissions warranty if an emission control or
emission related component, or a specified major emission control
component, is found to be defective in materials or workmanship.
However, when it is likely that the lack of proper maintenance has
caused the particular part to fail, you may be asked to show that
scheduled maintenance was performed.

If you perform scheduled maintenance yourself, you should keep a
detailed log of work performed and any receipts for parts purchased to
perform the maintenance. In some instances, you may be asked to
qualify your ability to perform such maintenance. Vehicles should
always be maintained according to manufacturers' specifications.

Are Dealers the Only Persons Allowed to Perform Scheduled Maintenance
Recommended by the Manufacturer?

No. Scheduled maintenance may be performed by anyone who has the
knowledge and ability to perform the maintenance and repair. You may
even maintain the vehicle yourself, as long as the maintenance is
performed according to the manufacturer's instructions provided with
the vehicle.

If you maintain the vehicle yourself, you should keep receipts
for parts and a maintenance log to verify your work.

If I Need Replacement Parts, Must I Use the Vehicle Manufacturer's
Parts Only?

No. A manufacturer cannot require the use of any specific brand
of parts in the maintenance of your vehicle.
However, the
manufacturer can require you to use parts that are of equal quality to
the original parts.

How Will I Know If My Claim Has Been Accepted As Valid?

After you present your vehicle for a Performance Warranty claim,
the manufacturer has 30 days to either repair the vehicle or notify
you in writing that the claim has been denied. If you are making a
Performance Warranty claim and your I/M program imposes a shorter
repair deadline, the manufacturer must meet the deadline. Because of
the significance of these deadlines, you should get written
verification from the dealer showing that they acknowledge the date by
which repairs must be made.

There are no specific requirements for Defect Warranty claims,
however, manufacturer responses should be made within a reasonable
time period.


What Happens If the Manufacturer Does Not Respond to My Performance
Warranty Claim Within the 30-Day Deadline?

You may agree to extend the deadline, or it will be automatically
extended if the delay was beyond the control of the manufacturer.
Otherwise, a missed deadline means the manufacturer forfeits the right
to deny the claim. You may then have the repair performed at a
facility of your choice, at the manufacturer's expense. (This
requirement only applies to Performance Warranty claims.)


What Do I Do If the Manufacturer Will Not Honor What I Believe to Be a
Valid Emissions Warranty Claim?

If you believe the manufacturer has not honored a valid claim and
your vehicle has not exceeded the time and mileage limitations, you
should contact an authorized warranty representative and follow the
procedures outlined in your owner's manual or warranty booklet. If the
authorized dealer denies your warranty claim, contact the
manufacturer's regional or zone office for further assistance. If you
are still not satisfied, follow the appeals procedure outlined in your
manual or warranty booklet.

In addition, the Environmental ProtectionAgency (EPA) is authorized to investigate the failure of manufacturers to comply with the terms of these warranties. If you have followed the manufacturer's procedures (including those for appeals) for making a warranty claim as set out in your owner's manual or warranty booklet, have received a written denial and you are not satisfied with the manufacturer's determination, you may submit a letter to EPA at the following address. It should provide details of the situation
including the basis for the claim, a copy of the written denial,
copies of your letters to the manufacturers, and copies of any
receipts for emission control parts and repairs you have paid for:

U.S. Environmental Protection Agency
Vehicle Programs & Compliance Division (6405J)
Attn: Warranty Complaints
401 M Street, SW
Washington, DC 20460

In Summary

If an emission control or emission related part, or a specified
major emission control component is defective, or if your vehicle
fails an I/M test, and your vehicle is within the time and mileage
limitations for emissions warranty coverage:

* Present a warranty claim to an authorized warranty representative.

If your warranty claim is denied:

* Ask for the reason for denial, in writing.

* Follow the appeal procedures in your owner's manual.

If you are not satisfied with the manufacturer's decision:

* Contact the EPA, which will investigate the denial of a
valid emissions warranty complaint.
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Old 06-27-2007, 11:29 PM   #15
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So, basically, the dealership is in direct violation of Federal law.

If you really want to make a statement, go directly to the General manager. Since the Ford rep will be on site, might be good to have them both as part of the conversation.

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Old 06-27-2007, 11:29 PM   #16
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thanks, WeeAsp that's more ammo for me to fight these SOB's
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Old 06-28-2007, 01:04 AM   #17
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Dealerships are chalked full of douche bags.
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Old 06-28-2007, 12:33 PM   #18
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i'm still waiting for them to call me and tell me what the Field Service Engineer said, but they seem to think i am an uninformed customer that doesn't know anything about his car, and they want me to believe that somehow my PCV valve, CAI, and spark plugs is the cause of my problems.....but i have everybody here that i'm sure can help with anything i dont know.....thanks to all for your input
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Old 06-28-2007, 12:37 PM   #19
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Send me your vin on a PM and let me see what it has through Ford.
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Old 06-28-2007, 12:42 PM   #20
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You could also tell the service manager you going to call the Better Business Bureaus


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