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Need Community Help/Advice with my Sport Issue

Discussion in 'Stock 2011 - 2019 Ford Explorer Discussion' started by exilepa, March 3, 2013.

^^Searches ExplorerForum.com^^





  1. cnsheets

    cnsheets Active Member

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    I know of one case where a friend of mine filed a lemon law case against Ford and despite it being a clear cut case for the consumer, either Ford or their attorneys have done everything they can to stall.....even saying that the consumer needed to provide all of the dealership work orders and such because they did not have access to them. Its been almost a year now, and I think they finally have a trial date set for August. His hope is that he receives a settlement offer prior to trial.

    The key is to stay with it. Keep putting pressure on them, and don't give in and go away......thats what they want.
     
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  3. tuin42man

    tuin42man Member

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    Before you put a lot of miles on that car while waiting on them you should ask your attorney about it, but a lot of state laws will deduct from your final settlement for thew amount of miles on the vehicle.
     
  4. Dr Plastic

    Dr Plastic Active Member

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    tuin42man is correct. When I lemonlawed my VW Passat W8 they charged me around 50 cents a mile based on the odometer reading at the time of my BBB arbitration hearing. They (VW) deducted this from the final total. From the total of just over $11600.00 I saw around $7800! This was based on the 11K miles or so I had on the car at the time of the hearing. They called a "usage fee" kind of like how leases are handled.
     
  5. blwnsmoke

    blwnsmoke Staff Member Moderator Elite Explorer

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    Definitely check with your attorney. I've seen "usage fees" as well but every time I've read about it, it ends at the 1st attempt at repair, not when you turn the vehicle in. All states are different but one can cost you a lot more then another in regards to mileage fees.
     
  6. exilepa

    exilepa Member

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    Thanks for the heads up! I'll call my attorney on Monday but if I'm reading it correctly, if I do have to pay for usage (in Ohio it all depends on how many criteria of the lemon law you have met.) It looks like I pay for mileage at the time of the first repair divided by 100,000 then multiplied by purchase price. Hopefully my attorney verifies this would be the worst case scenario as it would be roughly $1500.
     
  7. cnsheets

    cnsheets Active Member

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    California usage is based on the mileage when the issue was first reported to the dealership.....I Think the formula is similar to what exilepa stated, but again, its from the first reported mileage. So for instance, if you first took the vehicle in at 200 miles for the lemon law issue, but now have 28000 miles on the vehicle, the usage fee would be based on the 200 miles, not the 28000

    Some stated are the mileage at the time of finalization or arbitration......check with your states laws.
     
  8. tuin42man

    tuin42man Member

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    Still interested in how the lemon law case turned out.
     
  9. peterk9

    peterk9 Staff Member Moderator Elite Explorer

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  10. exilepa

    exilepa Member

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    No new updates thus far. Lawsuit has been filed.

    Lawyer says now it's just a waiting game to see how Ford is going to play. If they decide to settle quickly, probably within the next 4-5 months I should have resolution. If it does go to trial I'm probably looking at early 2014 before I have resolution. If they settle quickly, I'll probably buy another Ford. If they do drag it out to trial, doubtful I'll ever own another Ford vehicle.

    Logic would say they would want to settle quickly given that everyday that goes by the vehicle loses resale value to them and my attorney fees they'll have to pay increase. Then again, I am talking about a huge corporation so logic has no bearing....
     
  11. exilepa

    exilepa Member

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    Update

    Well, just thought I would return and let all those interested know how this turned out.

    The case did settle a few weeks ago. Ford did not want the vehicle back, however, they did offer me a very nice cash settlement to keep the vehicle. I'm not sure how this financially made sense for them -- but I'll take it. I'm happy with the amount and gladly look forward to trading this vehicle in and getting something else. I do not have to disclose any history of the vehicle when I trade it in, so buyer beware lol!

    This will probably be my last Ford vehicle for awhile given how I was treated by everyone I dealt with at the Ford corporate level (aside from Crystal here on the forums -- she is the only one that truly seemed like she wanted to help.)

    A couple pieces of advice and takeaways from all of this;

    1. Document, document, document! Keep track of names you talked to and dates/times. I even recomend installing an app that will record your phone calls to have further backup and evidence.

    2. The BBB Autoline is a joke and a complete waste of time. This makes sense given that they are funded by the manufacturers. They seemed like they were on my side until talking with Ford and then the abitrator's tone changed.

    3. Get an attorney at the first sign of things going south or the dealer/manufacturer being uncooperative. In most states all attorney fees are paid for by the manufacturer. Don't frustrate yourself dealing with Ford directly, hire an attorney! If you are in OH, KY, IN, PA and need a really good attorney, PM me and I'll put you in contact with the best!
     
  12. cnsheets

    cnsheets Active Member

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    Congrats.... Interesting that they did not want it back......My friend just surrendered his back to Ford yesterday as part of his settlement. 1 1/2 weeks before trial date and day before deposition they decided to settle.....Took just over one year.....
     
    Last edited: August 9, 2013
  13. cnsheets

    cnsheets Active Member

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    1. Be careful, check your state laws. If you live in a state that is a single party consent state, record away if recording someone in a single consent state....If you live in or are wanting to record someone in a dual party consent state, you have to inform the other person that they are being recorded, otherwise it is illegal and not admissible ......

    Per Wiki....

    Twelve states currently require that all parties consent to the recording. These states are:
    California[20]
    Connecticut [21]
    Florida[22]
    Hawaii (in general a one-party state, but requires two-party consent if the recording device is installed in a private place)[21]
    Illinois (debated, see next section)
    Maryland[23]
    Massachusetts [21]
    Montana [24] (requires notification only)
    Nevada [21]
    New Hampshire[25]
    Pennsylvania[26]
    Washington[27]

    One-party notification states[edit source | editbeta]
    All other states (and the District of Columbia) not listed above require only that one party consent.
    Illinois courts have ruled that "eavesdropping" only applies to conversations that the party otherwise would not have been able to hear, thereby effectively making it a one-party consent state.[28][29] However, there still appears to be confusion[30] and debate[31] over the law.
    If a caller in a one-party state records a conversation with someone in a two-party state that caller is subject to the stricter of the laws and must have consent from all callers (Cf. Kearney v. Salomon Smith Barney Inc., 39 Cal. 4th 95 (2006)[32]).


    3. Likewise if in California.
     
  14. Edgieguy

    Edgieguy Active Member

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    After 4+ months of our Ex being in the dealership, and 11 attempts to fix a water leak from the roofline, we contacted an attorney. The lemon laws across the US are written as to not re-victimize the victim (Consumer) so Ford pays for your Lemon attorney fees. So if youre having problems with your Explorer Go for it, nothing to lose except your problematic Explorer
     
  15. Fast Gator

    Fast Gator Member

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    damn.............is the only thing I can think of.

    Iam truly glad, the final settlement was something that made
    exilepa happy
     
  16. JeffsSport

    JeffsSport Member

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    Glad it was resolved..
     

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