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Contemplating the Lemon Law.. Your Opinions Please.

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Old 09-09-2008, 02:11 PM   #1
MirandaRae
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Default Contemplating the Lemon Law.. Your Opinions Please.

So, a bit of back detail...

I bought my car august 29th 2006. In between then and now I have put only 15,500 miles on my vehicle.

I just took the car in Monday for the!! 7th!! Time for the same issue in regards to my fuel tank, Iím in my 3rd rental because of them having to keep it so long.

I called ford yesterday and got a response from them today, of course it was just a bunch of smoke being blown up my ***. Apparently the service manager for ford told them that they returned the car to me yesterday and everything was resolved.. What a lieÖif that were true would I be in a rental? Ford has made no effort to help meÖliterally saying " the service manage says everything is fixed so were going to not do anything else at this time" Which I replied with.. If this is the 7th time donít you think its going to happen again?

Of course the only thing he said was " I will make a note in your record that your dissatisfied"

Iíve had my fuel tank replaced. And then have brought it in 6 more times because it continues to not allow me to fill up.

So, here is where it comes to deciding about the lemon law. I contacted a lawyer in San Diego who said he has already worked on 26 cases because of the fuel tank in the Mustang. He states that every time he has gone against ford that ford has just refunded the money paid into the loan.

So, for me that would be about 8k...

This is where it gets tricky for me... My credit and income are not as good as they were when I purchased the vehicle. I work in the auto industry and it has hit me very hard. My income has been cut in half in regards to what I earn. When I bought the car I was eligible for the 0% interest rate.. Not so now.

If what the lawyer says is correct I would have to purchase a new vehicle. But because of my credit and income there is no guarantee I can even get a loan approved.. And I know I wonít get 0%. If I go through with this in that manner I end up in worse shape and ford still wins out.

Then, some people say that allot of the times a dealer will swap out the cars (which just happened at my dealership a few weeks ago) But Lawyer Dude says that ford doesnít like do to that.

So, Here I am.. Pissed and I feel like Iím in a catch 22 because if I donít go through with the lemon law I get stuck with a bad car, Or if I wait till my income may improve my car may be out of warranty by then.

What do you think I should do?


PS. mods if this is in the wrong section go ahead and move it.. I didnít know where to post it since its about the s197..And not really off topic,besides I didnt want to get togtfo by a bunch of 15 year olds. (Shrug)
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Old 09-09-2008, 02:36 PM   #2
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I have an 05 and the fuel fill up was really bad on those and i went through the same thing you are right now. I didnt want to get rid of my car either. Anyways if you want to keep your car, there is away to fill the car up.. Just turn the nozzle upside down when you fill you car up, wont have any issues filling it up. Ive been filling up for the last 2 years like this because ford couldnt fix my fuel tank.

Anyways, just an option.
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Old 09-09-2008, 02:48 PM   #3
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I have the same problem. Do you always fill-up at the same station?
At the Shell station I go to there is one pump that works fine.
At other places I place it at a 90 deg angle and it works that way.
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Old 09-09-2008, 02:48 PM   #4
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http://us.bbb.org/WWWRoot/SitePage.a...FQ0xawodRkaniw

look up your state and contact the office. They will send you info and VERY CLEAR ways that a lemon is identified. If you feel your car fits the requirements for your state, move forward
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Old 09-09-2008, 03:03 PM   #5
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You could just find a "mechanic" not a parts changer, get it fixed. Then submit the bill to the dealer or just sue them in small claimes court. If they couldn't get it right in 7 tries I don't think you will any problem getting reimbursed for an outside repair. JMO from past exp.
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Old 09-09-2008, 03:11 PM   #6
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Originally Posted by Derf00 View Post
http://us.bbb.org/WWWRoot/SitePage.a...FQ0xawodRkaniw

look up your state and contact the office. They will send you info and VERY CLEAR ways that a lemon is identified. If you feel your car fits the requirements for your state, move forward
Many automakers use the Better Business Bureau (BBB) to arbitrate vehicle buy-back disagreements. Depending on state and location, BBB typically schedules an arbitration hearing within 40-60 days of receiving the proper request forms.

Litigation is when one party sues the other to settle the dispute. The court's decision is legally enforceable, although a dissatisfied party can then appeal the judgment. However, few lemon-law disputes get to this level because of the expense and time commitment involved in protracted litigation.

Arbitration procedures for selected automakers and their contact information follows below. Contact information for the BBB is: Better Business Bureau Auto Line: 800-955-5100, www.dr.bbb.org/autoline.cfm

Ford/Lincoln/Mercury: Ford's Dispute Settlement Board provides an arbitration package for customers to complete and mail in their complaints. Normally, the Board limits itself to vehicles within the warranty period. The company complies with its Settlement Board's decision, although customers are allowed a rebuttal to the decision. Failing satisfaction through this arbitration, the customer can take the company to court. (Customer Assistance Center, Dispute Settlement Board, PO Box 5120, Southfield, MI 48086-5120, 800/392-3673, Lincoln: 800/521-4140, Mercury: 800/392-3673)
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Old 09-09-2008, 03:47 PM   #7
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Originally Posted by MELLOWYELLOW06 View Post
Many automakers use the Better Business Bureau (BBB) to arbitrate vehicle buy-back disagreements. Depending on state and location, BBB typically schedules an arbitration hearing within 40-60 days of receiving the proper request forms.

Litigation is when one party sues the other to settle the dispute. The court's decision is legally enforceable, although a dissatisfied party can then appeal the judgment. However, few lemon-law disputes get to this level because of the expense and time commitment involved in protracted litigation.

Arbitration procedures for selected automakers and their contact information follows below. Contact information for the BBB is: Better Business Bureau Auto Line: 800-955-5100, www.dr.bbb.org/autoline.cfm

Ford/Lincoln/Mercury: Ford's Dispute Settlement Board provides an arbitration package for customers to complete and mail in their complaints. Normally, the Board limits itself to vehicles within the warranty period. The company complies with its Settlement Board's decision, although customers are allowed a rebuttal to the decision. Failing satisfaction through this arbitration, the customer can take the company to court. (Customer Assistance Center, Dispute Settlement Board, PO Box 5120, Southfield, MI 48086-5120, 800/392-3673, Lincoln: 800/521-4140, Mercury: 800/392-3673)

Ah, thanks. I didnt even think about going through the BBB I wasnt aware that you used them for this.. I have just gone through and submited the clame so hopefully Il get some info in a few days.
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Old 09-09-2008, 04:04 PM   #8
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In Maryland you don't need a lawyer to go the Lemon law route. Back in 1988 the wife bought a brand new Cutlass. It was on the showroom floor. She paid $12,900 in cash for the car. We had it for a year and put 9,000 miles on it. The car would fill up with water everytime it rained. The final straw came when it rained and I went out to check the car. It was dry! I reached under the seat and through the opening in the carpet I found sheet plastic. I poked my thumb through the plastic and the water strated to ooze out. I went right to the deler and demanded "a new car or our money". They balked. The GM regional customer manager offered to give us $5,000 grand towards the car. We went the Lemon law route. Wife filled out all the packages and made all the required copies. Had out sit down with the moderator and GM reps. They claimed it was fixed, I claimed it wasn't. Out of the blue the old guy who was the moderator says"lets take it over to the car wash next door, if it leaks then its not fixed". Now I knew no law school student would go for this unless he had already done it. But I felt trapped, so I agreed. As the car went through the automated car wash I was chewing my nails. When it came out the moderator opened the door and reached down to touch the carpet. I was trying to look over his shoulder when he stopped in mid motion and said, "no need to touch that carpet, there's 3 inches of water in here". I was jumping up and down like I had just won the lottery. As I parked the car the GM rep told my wife she could have a new car. The moderator asked if this was an option. I told him, it was when we first brought it back, but since we had to go through all this we wanted a refund. Two days later we were notified that we would receive a check for $11, 275. (They don't refund tax). The moderators ruling is final against the dealer, but the consumer can appeal. Of course we didn't. On a side note, when I was sitting in the car on the showroom floor I told mt wife, "I've never bought a GM in my life, but if this is their idea of the new car smell, then I'm glad I buy Fords". The car stunk, and as it turned out it was from mildew. I often think about some guy in Arizona who is driving around in a 1988 Cutlass...it never rains there. I highly recommend the lemon law route. Good luck.
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Old 09-09-2008, 04:07 PM   #9
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I have an 07 and only once could I not fill up. I went to a different nozzle at the same station and had 0 issue.

If it were me I would try the suggestions above to see if it will fill at 90deg or 180degs. Small inconvience if it fixes it 99-100%.

Barring that I would say you have to bite the bullet and go for the lemon law. If you get an $8k settlement you can find an 05 for around $10-15k depending on condition and options. You wouldnt finance much so it should not be too bad to get a lone for $2-7k.

Try your credit union at work, they are generally pretty good on loans.

Good Luck.
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Old 09-09-2008, 04:44 PM   #10
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I don`t know the severity of your problem but over the years different cars and different nozzles have sometimes required a little "jockeying" to achieve a fill up. This certainly became more common with the new style nozzles. Never considered it to be a reason to hire a lawyer... J.M.O.
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Old 09-09-2008, 04:49 PM   #11
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its a problem when ford has repeatedly said that the issue should be fixed..and ive taken it in for the 7th time.
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Old 09-09-2008, 05:36 PM   #12
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Forget what Ford says. They will try tooth & nail to protect their own interest. Dont go to B.B.B., they are not for Ford products. Ford set up D.S.B. to deal with their family of vehicles. I know it sounds scary as Ford set up a organization to deal with Ford problems, but they are very fair and act independent from Ford. I know this because I had to use them for my issues with my Navigator and after endless calls and frustration from Ford, the service writer pulled me to the side and told be to look in my owners manual and call DSB. After that, the rep for my case handled the calls to Ford and within a short time, bought my car back. I had the car for a while and had quite a few miles on it, nevertheless they took it back and only charged me for usage to the 1st occurance for the recurring problem and got 10+ grand back on top of it. Trust me, its worth the shot.
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Old 09-09-2008, 05:38 PM   #13
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well see..thats exactly where my problem is.. I am sure I would win a case and get my money back but I dont want to go that way..that will put me in a wose financial situation then when I purchased the car.. I just want to be switched to a new one with the exact same equipment and without the problem.. that was what the entire basis of my thread what about...

im so irritated that I have to go through all of this.
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Old 09-09-2008, 05:56 PM   #14
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Just turn the nozzle upside down when you are filling the gas tank up, solves the problem at a minor inconvience
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Old 09-09-2008, 06:17 PM   #15
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Go through the process and see what kind of money you stand to get back. It might offset any extra interest you may have to pay or you could use it for a big down and lower payments and rebuild credit. They may switch out the car but before all of this they will attempt to have your car seen by a more higher up/experienced house tech to try and fix your problem, but you'll never know unless you start the process. You dont have to accept their offer if you dont like it.
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Old 09-09-2008, 07:45 PM   #16
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Quote:
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. I just want to be switched to a new one with the exact same equipment and without the problem..

Sure, and pick up 2 or 3 model years newer in the process...
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Old 09-09-2008, 08:18 PM   #17
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i've had the same problem but i don't worry about it too much. i just keep toying with it until it pumps. it's not worth my time to have the dealership mess with it.
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Old 09-09-2008, 08:30 PM   #18
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Sure, and pick up 2 or 3 model years newer in the process...
thats so not the issue.. I absolutely love my car.. if I wasn't constantly having problems I wouldn't even be thinking about doing something. I hate the idea of doing something now, but when I have this problem repeatedly and it doesn't get fixed its a little grating on the nerves.
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Old 09-09-2008, 08:52 PM   #19
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The dealership when I bought my 2000 Lightning drilled holes in the front bumper and put a dealer plate on the front (mind you I live in NC so no front plate required) anyhow this was done prior to me signing the papers to buy the vehicle. So the salesman who we had bought several cars from in the past promised me they could fix it like new and even wrote a note for it.

So after about 6 paint and repaint trips I ended up calling a lemon law on the paint of the vehicle. They had the first two times tried to cheap spray it and I had clear flaking off, other times it was running or discolored and the last time they somehow scratched the paint off of the bed and put an black grease spot on the gray suede that wouldn't come out.

I don't remember if it was 3 or 4 as its been 8 year but in NC if it is returned for the same problem and still unresolved with no appearance of a resolution you can claim a lemon.

After several rentals and some at my expense and further damages to the vehicle and approx 6 trips for such a simple fix I contacted Ford Motor Corp and reported the dealer and got the run around, went to the store owner and let him know what was going on and how ridiculous it was. Finally after threatening to spread the news to the local news station as well as getting a lawyer for a lemon that has a pretty much destroyed bumper they ended up giving me a 2001 Lightning they had just got in (which had a small HP upgrade and better looking wheels imo) for pretty much just the cost of sales tax.

I can't complain they did me right in the end...

IMO if its worth it to you I say go for it and try to push the dealer as hard as you can.
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Old 09-09-2008, 08:52 PM   #20
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Quote:
Originally Posted by Hufenstang View Post
Just turn the nozzle upside down when you are filling the gas tank up, solves the problem at a minor inconvience
Unfortunately, many gas stations are getting new styles of nozzles that just won't work on the S197 Mustang. The older style nozzles, especially the ones with the tin tubes, would have no problems at all. Then the thicker ones would but a turn to the 3 o'clock position will usually fix that. It's a little of a hassle, but I actually think it's kind of a neat quirk about my car.
But recently they came out with new styles of nozzles, which are probably supposed to trap escaping fumes better, and they suck. Try only getting in a few cups of gas with each squeeze of the nozzle, even when turning it, and you'll know why the frustration can be so high! Had that happen to me in 115 degree Nevada heat and I couldn't find a way to get gas out of the pump. This was at a very crowded station in the middle of nowhere, so I wasn't about to pull around to another pump. But even when this happens at the station down the street from home I swear I'm gonna take the car in. But knowing the hassle Ford puts you through, the way they probably won't fix the issue along with the potential for damage and abuse they cause to your car while it's in the shop... I guess it will just make that new Challenger or Camaro more appealing!
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