I'm in a warranty dispute with a local Dodge dealership here in Kissimmee, and with Dodge themselves for a breach of warranty, and a violation of the 1975
Magnuson Moss Act.
I've filed an official complaint with the FTC for the violation of the Mag Moss Act, yet to date, I'm having one helluva time finding an attorney who will take
on the argument against Dodge... They're all concerned that Dodge will file for bankruptcy nullifying any potential suits.
I had a catastrophic engine valve failure in my '06 Dodge Ram Cummins Diesel with a repair bill at almost $10,000. Rental car costs and other incidental costs associated with the issue are at $4000 (roughly).
I invested more than $4000 and 100 hours setting-up this vehicle to run on dual fuel... Both diesel and refined vegetable oil (from local restaurants in my
area). I have more than $10,000, 5 years, and 50,000 miles of experience in using this fuel system. And when I had this issue with my vehicle, the local Dodge dealership simply refused to honor my warranty BASED ENTIRELY UPON my additional system installed on this vehicle.
They gave no effort to determine the 'cause' of the damage. They simply repaired the vehicle and washed their hands of the issue which is a blatant violation of their own warranty wording and of the Magnuson Moss Act of 1975. Furthermore, I believe that their actions should leave them at charge of violating the Florida Unfair & Deceptive Trade Practices Act
Finally, yesterday, (3-3-09) I was able to retrieve my personal items from the vehicle (the dealership used Fla Statute 713.585 to confiscate the truck and had planned on auctioning it off on 3/1 yet my bank; BB&T, stepped in and purchased the vehicle from the dealership by paying off the balance.) They've since taken it into repo, (I'm current on all payments).
In addition to my personal effects, I was able to argue for, and get, the parts from the repairs that were completed. And upon inspection of those items, I believe I have a very clear case of a 100% mechanical failure of an intake valve and can prove my point.
Previously, I had refused to pay the bill and take the vehicle back out of a concern that a deeper problem existed with the motor (after all, they gave me ZERO cause for the damages experienced).
After looking at the parts and determining (in my opinion) that the failure and consequent damage was solely because of one faulty valve, I'm in communication with BB&T to get the truck out of repo, establish a payment plan to get them paid for the damages and expenses they have incurred thus far, and then continue to pursue my argument against Dodge for not repairing the vehicle under warranty as should have been done.
Furthermore, I was also able to ascertain at least one other vehicle, identical in virtually every way to mine, who suffered this same damage yet was covered 100% under warranty and awarded a Cummins rebuilt motor in Nov '07 in California.
It's frustrating that I can't even seem to get my argument 'elevated' to a point where the facts can be discussed. I'm being forced to pay for repairs without
any means to argue their obvious and intentional breach of their own warranty and federal law. Especially given that taxpayers are giving these guys billions!
Early on, I offered to 'pay the bill in full' with no questions asked, if the dealership (or any agent of Dodge), could theorize why the problem occurred and then give ONE SHARD of evidence to substantiate their claim. I was rebuffed and ignored.
I tried to (as the seizure statute 713.585 paperwork implies), go to my local clerk of the court and file for a 'demand for hearing', and was turned away by the staff here at the Osceola County Courthouse and instructed to 'seek counsel' to get that filing completed. When I approached local attorneys for that assistance, none wanted to assist, and they implied that to do so would tie them into the larger argument with Dodge, and again, they're concerned about bankruptcy.
Wstanton
Kissimmee, Florida
U.S.A.
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