Update: Stealership is Screwing Me, Sob Story and Call for Help (Now Resolved)

"thedevilinside" (thedevilinside) 08/22/2014 at 14:54 • Filed to: None

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I know a couple people on here have expertise in this kind of stuff, I'm hoping they chime in. I think SteveLehto and ????

Since mid-June I've been having issues with Asheville Ford and warranty work/repairs to My Focus ST.

I bought my ST from them last year. This summer I started having clicking noises at slow speeds while turning. I took it back to them and they performed a TSB, but did not specify what it was. That did not fix it so they got support from Ford Engineering, Ford Engineering said to replace the Strut Mount Bearing. I picked my car up after a couple days on a Friday and was told the parts would be in Tuesday or Wednesday of the next week. After a full week I called and was told the parts weren't in and I would receive a call when they did. I called about once a week from then, always waiting to talk to service (they ask if you are calling to schedule service or check on a car, one gets an answer one gets 5 minutes of hold or more before someone answers if at all.) I was not getting anywhere and they did not care if the car got fixed. I eventually got a case opened with Ford Customer Service through the rep on here. With my Ford CSM we worked out when the parts arrived and I called and scheduled my car. They then called my house(not the number I give to people to call me at) 2 days later to let me know the parts were in. I got the bearing replaced, they only did Left Front, and my car no longer made the noise. . . for a couple days.

When the noise came back quickly I was done with my summer stay in the area and could not wait another 5+ weeks for Asheville Ford to be pressured into doing warranty work. I took the car last week to another dealer in Indiana who specializes in performance Fords. They looked at the car and determined the wrong bearing was installed, it was for the regular non-ST. As well as telling me there is no TSB for the ST, that is for the non-ST. Ok, fine, they're going to replace the bearings and strut mounts.

Well, the left front was way worse off. The Control arm had a hole punched in it from an air chisel and a hole in the CV Boot. Pictures showing some damage are attached to the post. I also have the broken control arm in my possession.

The only place to have serviced the car other than oil changes (done at another Ford dealer) is Asheville Ford, so it is no doubt they did this. The Indiana dealer says since it is not a defect type thing, they cannot do it as warranty, it must be paid for. The estimate was ~$800 + tax assuming the CV joint itself is not damaged. I got a hold of the Asheville Ford Service Manager and explained the issue, I was sent pictures of the damage so I forwarded them to him as he asked. H would not return my calls for awhile. The Ford CSM I ahd been transferred to since I was now in a different region said he could not help because he cannot tell a dealer they have to pay for the repairs so I am stuck paying out of pocket for warranty repairs, no damage, done to the car by a dealer. The damage most likely came when pressing the steering knuckle back into the control arm, but I don't think it matters exactly what they were trying to do.

At this point I started the process of a BBB Claim, I still haven't finished sending it in, but it goes in steps and sometimes you have to wait to get things sent from them, collect paperwork, etc.

I eventually got a dialogue going with Asheville Ford. They are working with the same service rep I was, and those two parties have come to the conclusion is I should not be charged with anything to start with, since the car is under warranty. I'm told by them Ford's policy is the Indiana dealer is supposed to submit the repair as a warranty claim and can write details on the claim. Then Ford will decide who is responsible for the payment of the claim, be it Asheville Ford, the other dealer, or I guess possibly me.

The car was picked up today, and this was not the case. We got the two Ford CSM reps talking and the end result was I had to pay over $750 to get my car back. The Indiana dealer said they had no option to submit it to Ford as warranty because it is damage caused to the car.

So I have to force Asheville to pay, but all they do is hide behind the Ford reps. It looks like the route of small claims court recommended by a couple people is the way I have to go. It was recommended I name the owner of the dealer, that this will get results quicker. So now I ask for everyone's help. How do I find the name of the owner? What tips do you have for a small claims court case against a dealer? How hard will it be to do the small claims process in a place I have to drive 3 hours to get to? What all should I ask for in my claim (cost of repair, filing fees, mileage, time lost to it all, ???)?

My post about a STS last night stemmed a bit from this, I would like to have a second car to drive in times where one car is down.

Shortened Version thanks to Jariten1781:

(trying to cut out all the extra):

Car was clicking (defect)

Taken to Asheville Ford

Asheville Ford performs warranty work (incorrect TSB, later incorrect strut mount bearing)

Taken to another dealership who discovers incorrect work and damage then repairs it (not a defect, repairs damage caused by Asheville)

Now trying to get Asheville to pay for the repairs done at the other dealer?

Also: This is how they treat employees of one of their Tier One suppliers.

Update: Asheville Ford/their CSM has accused the Indiana dealer of stealing. Both dealers say they are just doing what their CSM says to do and the CSM's don't agree. Called the number provided by the Asheville Ford GM and they agreed with the Indiana dealer, said I had to go to Asheville dealer to get reimbursed, I said do I have to sue, was told it is my right to do so and if I need to, I would have to.

Current status: Never buy a Ford.

Final Update: Ford is sending a check reimbursing the repairs. I do not know where exactly is paying/refunding it. Also not sure which avenue I tried got them to decide to cover it, but I'm getting a check! Wouldn't say I'm happy, but I'm relieved it's over and I'm not out ~$800.

FrederickLawOlmsteez > thedevilinside 08/22/2014 at 15:14

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You don't need the name of the owner. You are suing the corporation —not the owner personally.

Is the car at least driving properly now? Are you working with the CS Rep that is on the focusst.org forums? It's seems like he's help a bunch of owners slice through the bullshit that tend to build up around service departments.

JDIGGS > thedevilinside 08/22/2014 at 15:14

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And that is why I will no longer buy a Ford even though my first car was a mustang.

Textured Soy Protein > thedevilinside 08/22/2014 at 15:15

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I tried googling around for info on who owns Asheville Ford and couldn't find anything.

I'd suggest calling the service department people who you've been dealing with, telling them you're planning to sue the dealership, and want to know the owner's name.

If they don't tell you the owner's name, then say "fine, I'll name you in the lawsuit instead."

You may find that just the threat of a lawsuit is enough to motivate them to pay the bill.

jariten1781 > thedevilinside 08/22/2014 at 15:23

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Let me see if I get this right (trying to cut out all the extra):

Car was clicking (defect)

Taken to Asheville

Asheville performs warranty work (incorrect TSB, later incorrect strut mount bearing)

Taken to another dealership who discovers incorrect work and damage then repairs it (not a defect, repairs damage caused by Asheville)

Now trying to get Asheville to pay for the repairs done at the other dealer?

That correct?

thedevilinside > FrederickLawOlmsteez 08/22/2014 at 15:24

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Yes I worked with him, he got me help in getting the car repaired originally when they were not getting the part, letting me know it was in, etc. But they have said they cannot help now that is it getting a dealership to pay, they really have no power. I know I can sure the dealership, but have been told suing the owner is more effective. This is why I am asking for help in this. I'm not sure if I can do that.

thedevilinside > Textured Soy Protein 08/22/2014 at 15:25

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I will be doing this toady. The Service Manager is currently supposedly talking to his Ford Rep, before 5 I'm calling and telling them to expect a lawsuit. I like your suggestion.

thedevilinside > JDIGGS 08/22/2014 at 15:25

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Not my first car, but I would say I have many cars left to buy in the future.

thedevilinside > jariten1781 08/22/2014 at 15:26

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Correct. Reasons Asheville was not an option to to the repairs:

1) The car is 500+ miles away

2) They suck.

ncasolowork2 > thedevilinside 08/22/2014 at 15:37

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Try to estimate the number of hours you've put into resolving this and charge $20 an hour (a fair rate) as part of your claim. I don't know if that's legit or not, but I'd put it in there because I'm willing to bet you have a lot of time involved in this.

You're also out time with your car.

Legal fees/expenses (which include travel to the court in question any lodging expenses)

You can try small claims courts. You can try getting the media's attention. Seems like a slam dunk case if you get sworn affidavits from the dealer in Indiana saying wrong parts were installed etc. (I would get that type of legwork done asap if you go to small claims)

jariten1781 > thedevilinside 08/22/2014 at 15:38

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Man...that's a tough one.

I see Ford's and the Indiana dealer's position. It's not defect related so it really doesn't fall on their shoulders nor qualify for warranty reimbursement.

I also see why Asheville is digging in. They incompetently boned up some work, but rather than having it brought back for repair it was taken elsewhere.

Small claims may work in your favor, but it's not a sure thing. You may want to try an EECB ( http://consumerist.com/2007/05/11/how… ) first since, though it's not really their fault, Ford should be willing to give some good faith credit to you since it is their brand and it's 100% not your fault. If nothing else, it doesn't hurt. BTW 'good faith credit' is a keyword/tricky phrase to use in these situations...it's a special line of funds that the customer service group can use for things not covered by warranty that they won't always bring up if the customer is not aware of it.

Best of luck and let us know how it turns out.

FrederickLawOlmsteez > thedevilinside 08/22/2014 at 15:39

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Make a post on focusst.org with a title called "Who owns Ashville Ford?" You'll have an answer in 2 minutes.

thedevilinside > FrederickLawOlmsteez 08/22/2014 at 15:40

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I have a thread on there about this and asked in my last post. I may have to start a new thread.

thedevilinside > ncasolowork2 08/22/2014 at 15:40

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I asked the Indiana dealer for that type on info on letterhead. They said they would have it in the comments of the Invoice.

ncasolowork2 > thedevilinside 08/22/2014 at 15:41

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Don't tell them to expect the lawsuit. Play it like this.

Listen we've been dealing with this issue for X months. I've spent way too much time and energy dealing with this. Chances are this isn't your fault (referring to who you're talking to), but it DEFINITELY isn't my fault. I don't know about you but I don't have $800 to spend on top of the already excessive amount of time I've wasted waiting for parts only to have the car damaged by an improper fix.

So I'm left with two options. This isn't a threat or an ultimatum these are the options I've been presented with. I can go to the media try to garner sympathy from them over another dealership trying to screw another customer (which happens any day of the week ending in y) and hope you cave to media pressure to do the right thing or I can take you to small claims court. Neither are things I care to do. All I care about is getting reimbursed for getting my car fixed. Now can we find a solution that isn't going to take up too much of my time that'll make us both happy?

thedevilinside > ncasolowork2 08/22/2014 at 15:41

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I'm also trying to get it to catch on on here and FocusST.org, but it doesn't really seem to make a difference. I'm not going to suggest people harass them because I don't want them to be able to come back at me or something like that.

thedevilinside > jariten1781 08/22/2014 at 15:42

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Thanks, that's a new suggestion. I wasn't bringing it to them because I moved away from Asheville.

Audi-os, Amigos! > thedevilinside 08/22/2014 at 15:43

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You should do it froggy instead.

thedevilinside > ncasolowork2 08/22/2014 at 15:44

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Ok, this is the route I am on, so I'll be more careful with my word choice like you have written out.

thedevilinside > Audi-os, Amigos! 08/22/2014 at 15:45

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Not a great typer + fired up = tpyos.

Audi-os, Amigos! > thedevilinside 08/22/2014 at 15:47

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Haha sorry man, just had to fry you a little. I hope shit works out and you get your money back. Good luck.

jariten1781 > thedevilinside 08/22/2014 at 15:47

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Don't blame ya. I wouldn't have brought it back there if they were incompetent even if I knew full well I was going to be paying out of pocket elsewhere but free there. Who knows what they'll screw up next time.

ncasolowork2 > thedevilinside 08/23/2014 at 10:27

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How did it turn out?

thedevilinside > ncasolowork2 08/23/2014 at 13:10

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I called again way before they were to close and he didn't answer. I left a message saying I would like to take care of it without going down another route such as a Small Claims Suit. Also sent an email to the GM, which I should have done before. He requested a copy of the invoice for the repairs then would "address the situation with all involved." So I'm not hopeful it will get resolved without a court and am reading on how to do that. It seems easier than expected.

Tohru > thedevilinside 08/26/2014 at 14:21

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So, "don't buy a Focus". Got it.

thedevilinside > Tohru 08/26/2014 at 14:23

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Coulda been any car, but that would have worked here.

crowmolly > thedevilinside 08/26/2014 at 14:25

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Here's what I would do.

Tell them they have 48 hours to make good and reimburse you for the costs or you will send a certified letter stating your intent to take them to small claims court.

I would not throw the media card as some people view that as a threat of extortion. Just sayin'

RamblinRover Luxury-Yacht > Tohru 08/26/2014 at 14:25

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Your personal expertise is a different Ford model, eh, Escort Boy?

Tohru > RamblinRover Luxury-Yacht 08/26/2014 at 14:28

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You don't *buy* an Escort. You end up with one through a series of bad life decisions.

Also...

KusabiSensei - Captain of the Toronto Maple Leafs > thedevilinside 08/26/2014 at 14:35

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See, for a second, I thought you were going to say they were dysfunctional.

Anyway...

If you do work for a Tier One supplier, I'd call your Ford Rep, tell him how you bought this FoST, loved it, dealt with all this crap from the dealers, and are now planning to sell it, because of the crap.

I eventually get to the point that I'm not that patient, so I would likely had already sold the FoST and bought a non-Ford product by this stage.

 V8 Rustler > thedevilinside 08/26/2014 at 14:38

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This is the reason why I just accepted and decided to live with the front end squeaking while going over bumps on my 2013 Mustang GT. It sucks that a brand new car squeaks with just 150 miles on the odo, but I prefer that than the dealership screwing up with my car. I just crank up the volume on the stereo.

The procedure is to replace the front control arms, which is quite simple. Been there, done that. But I'm pretty sure they will screw something up.

SteveLehto > thedevilinside 08/26/2014 at 14:39

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Yes, others have pointed out you would be suing the corp. Naming the owner for a "faster" result might even be considered frivolous by a court. Most states have corporations divisions which are online and allow you to look these things up.

Some states however do not allow you to sue a corp in small claims court (I kid you not). And many corporations will "bump" the case to regular court even if they were allowed to defend it in small claims. If they know you are from out of state, there is a great likelihood this will do these kinds of things to you.

BBB is worthless (as in, it has NO value). Ford MIGHT be helpful but it sounds like you have exhausted that route. I am not licensed in NC but I know people who are. Feel free to email me directly. Lehto@kennon.com

thedevilinside > KusabiSensei - Captain of the Toronto Maple Leafs 08/26/2014 at 14:42

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I can't really afford that right now.

thedevilinside > SteveLehto 08/26/2014 at 14:43

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Thanks for the insight. With the latest reply from the dealer GM I am sure in court he would blame the other dealer even though the Ford Customer Care just told me they followed protocol.

SteveLehto > thedevilinside 08/26/2014 at 14:47

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BTW Asheville Ford is an LLC. To sue them, you need to know that their agent is Daniel Parks and the addresses for service are:

!!! UNKNOWN CONTENT TYPE !!!

xx45xx > thedevilinside 08/27/2014 at 14:43

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Me and the rest of my skin head legion need something to do next weekend. we could scratch 'fuck her right in the pussy' on every car on their lot..

ncasolowork2 > thedevilinside 08/27/2014 at 14:51

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Time to try and get media attention.

ncasolowork2 > thedevilinside 08/27/2014 at 14:55

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Where did this get crossposted?

timgray > thedevilinside 08/27/2014 at 15:11

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Aaand this is why dealerships don't touch my cars... ASE certified mechanic means they are certified is screwing things up and doing things half assed..

Here is a part that will make you sad. Small claims court under $1000 is not worth it. I had a scumbag auto parts company in New Jersey steal $690 from me and I was told by my lawyer that I will spend more than $900 in legal costs in getting a judgement. That does not mean I will get my money as people and companies can and do ignore judgements.

thedevilinside > ncasolowork2 08/27/2014 at 18:10

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Good question, did it?

thedevilinside > timgray 08/27/2014 at 18:15

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Small claims can be done without a lawyer in many cases. Mine's since been resolved, about to post an update.

thedevilinside > xx45xx 08/27/2014 at 18:17

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Ehhh, I don't that's necessary. Thanks for the offer! haha. When someone previously did something similar "for me" without asking, it didn't help me at all. As expected.

Kasstastrophy > JDIGGS 08/27/2014 at 20:02

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Right... because one dealership is indicative of ALL of Ford....

Kasstastrophy > thedevilinside 08/27/2014 at 20:07

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See, this is what bothers me about some people....

The DEALERSHIP messed up the car... but lets all bash Ford and declare never to buy another one of their products when it wasn't Ford's fault... it was the Dealership.

My ex wife back in the day had a Tacoma that had issues and the dealership caused a short that ended up saying bye bye to the computer.

Doesn't mean I am going to cry out against Toyota saying they suck and I will never buy one again, or encourage others not to buy one.

thedevilinside > Kasstastrophy 08/27/2014 at 21:39

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Ford's corporate told the dealer incorrect policies causing them to hang me out to dry. The Ford contacts made the situation many times worse.

timgray > thedevilinside 08/27/2014 at 22:07

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Not from 500+ miles away it cant, and if they have a lawyer you had better have one as well.

Glad you got it resolved! Most of the time guys get screwed by dealerships.

crowmolly > timgray 08/28/2014 at 17:22

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I have had great experiences with my local Ford (Distchman) and even though they are pricey for routine maintenance they have always gone above and beyond with warranty work. Got a leaky seal? Brand new complete PTO. Got a noisy rear wheel bearing? Brand new trailing arm, brake lines, hub, etc. In each case they could have done a "repair" but they went the distance to make me happy.

Hell, even when I've had to send the car in for regular service they will cut coupons out of their own flyer and staple them to my invoice. That's unheard of to me.

Rob > thedevilinside 09/03/2014 at 15:24

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Simple recommendation

Park the car outside of the dealerships showroom (on the street in a legal spot) and put a big sign on the inside facing out saying something to the effect that you will not move this car until Ford fixes the damage done by the Ford service departments.. feel free to strand by your car and "greet" potential customers and explain that they will need to do this to get warranty repairs done. Be careful not to directly blame that particular dealer as you cannot prove which damaged your car. I have a feeling your $750.00 bill will disappear very quickly as their sales walk away... If it is in small municipality you might want to inform the sheriff that you will be protesting on public property in front of the store so when the dealership calls the cops you will be treated fairly.

DeveloperMM > thedevilinside 09/05/2014 at 15:34

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I tried searching the post to see if anyone had answered your question about the dealership owner. I did a search on the North Caroline secretary of states off and found a great deal of information. That being said, when/if you sue them you need to send a copy of the complaint to their registered agent. I found the information on this page: http://www.secretary.state.nc.us/corporations/C…

thedevilinside > DeveloperMM 09/05/2014 at 16:12

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Thanks, I eventually got more advice from people who know a lot more than me and had a good direction. Then out of no where got a call that Ford is sending a check to cover the invoice. I have not received it yet, but I am not at the end of how long I was told it would take.