Warranty Issue - need some legal help!
Warranty Issue - need some legal help!
Well some of you guys know I am having the infamous 2nd gear pop-out issue. Post- https://www.6speedonline.com/forums/showthread.php?t=51723,
So I get a call from my dealer saying that the claim is denied because the idiot warranty administrator I work with (I work at a dealership) took the liberty to cancel my policy 6 months after I bought my car on 4.30.04. She said that she thought I never bought my car...WTF...been driving a Turbo into work everyday! Before I dropped my car off, I called Quality Guard and had to reinstate my policy, which at the time was no problem until they got wind of a $13,000 claim.
My first question is what legal action should I take (with where I work), since there is a certain protocol to cancel a customers warranty...you need them to sign a cancellation form...but I never did..she put "sig on file".
Also I paid almost $3700 for the service contract, and anytime there is a cancellation, the funds go back to the lienholder since I financed the car and warranty. My bank Wachovia auto finance never received any funds, and I never received any money back.
What is my recourse with the dealership I work at since I never initiated a cancellation, and since I didn't do anything fraudulant. Basically Quality Guard thinks I cancelled the warranty, got the money back...then since I am having a problem, tried to reinstate the warranty to get them to pay for the repairs.
Any help appreciated!
So I get a call from my dealer saying that the claim is denied because the idiot warranty administrator I work with (I work at a dealership) took the liberty to cancel my policy 6 months after I bought my car on 4.30.04. She said that she thought I never bought my car...WTF...been driving a Turbo into work everyday! Before I dropped my car off, I called Quality Guard and had to reinstate my policy, which at the time was no problem until they got wind of a $13,000 claim.
My first question is what legal action should I take (with where I work), since there is a certain protocol to cancel a customers warranty...you need them to sign a cancellation form...but I never did..she put "sig on file".
Also I paid almost $3700 for the service contract, and anytime there is a cancellation, the funds go back to the lienholder since I financed the car and warranty. My bank Wachovia auto finance never received any funds, and I never received any money back.
What is my recourse with the dealership I work at since I never initiated a cancellation, and since I didn't do anything fraudulant. Basically Quality Guard thinks I cancelled the warranty, got the money back...then since I am having a problem, tried to reinstate the warranty to get them to pay for the repairs.
Any help appreciated!
a few years ago i bought my wife anew 735il the first year! we had many many probs. zone rep cont, give her rental cars. when the last straw appeared i simply told the zone rep that i was going to take a full page ad out showing all the service records on my wifes car.... the next he called and told me to go to the dealership and pick any car i wanted we got a like car at no extra cost... porsche must have records of all the 2nd gear probs use that for amo and see what happens.....
I am the GM of a Toyota Dealership...you are in a bit of a tough spot. But honestly if you bought a warrenty, never autherized cancellation, never recieved a refund(nor your bank)you should not have to pay. They should cover you and reinsate your policy. I dont know your position, but I imagine since you own TT your doing pretty well. I would go to the GM and explain your problem. If he's a honest businessman he'll own up to the mistake and apoligise to you and take care of your problem. Thats what I would do. If you didnt work there he would be in deep dodo. Actually instead of being worried you should be mad...but since you work there keep your cool, be a gentleman but don't let them screw you. I dont think they will..
Good luck,
JB
Good luck,
JB
Last edited by JohnnyBeatles; Jul 2, 2006 at 09:17 PM.
This is confusing to me. Do you work at the same dealership where you bought your car and where the idiot warranty administrator works? Who paid for the extended warranty, you or the dealer? Who received the refund for the terminated portion of the extended warranty...the dealership? If this is a case where you paid for a warranty and the warranty admin of the dealer cancelled it without authorization (why would she do that anyhow??) then I agree with Johnny's suggestion of a calm discussion with and request for dealer GM's assistance. But this situation sounds like the dealership might have obtained a binder from the ins co for an extended warranty and represented to you the car had an extended warranty but then never bought the policy. (I believe factory CPO cars are not in fact covered by the Porsche extended warranty until the buyer buys the car and the dealer then sends in to Porsche the premium. If dealer performs the certification inspection and the car passes, the dealer advertises and represents the car is "CPO." If the dealer neglects to send in the premium after you bought the car, Porsche (as the insurer) will say it is not responsible and your recourse is with the dealer. ) So questions: Can you show documentation that the car was covered by an extended warranty policy when you bought it? Do you have a copy of the policy? The fact the policy was "canceled" in 2004 is also a bit of a problem. Did you ever make any claim against the policy or is the popping 2nd gear the first one? You may have to get a lawyer or go to small claims court yourself to clear this up. (Lawyer could cost as much as the coverage you are looking for). Of course, if you are suing your employer, you are presumably ready to find another job.
Hey JohnnyBeatles, I am a finance manager at an Acura dealership. Since it is a holiday weekend, my GM is on vacation, but I plan on talking to him and having him make this right. The funny thing is if I was not an employee, the dealership would probably have to pay for the repairs...it has happened to us before. But since I work there, it seems that no one really cares. I am really pissed, but think there will be some positive outcome to this. Instead of taking 2-3 weeks to repair my car....it will probably take 5-6 weeks.
Cporterfield, now for suing for declaratory judgement, am I suing the dealership or warranty company? If this does not get resolved, I think I may have to go this route. Thanks.
Cporterfield, now for suing for declaratory judgement, am I suing the dealership or warranty company? If this does not get resolved, I think I may have to go this route. Thanks.
Lexpro, I am a finance manager at an Acura dealership, but we also have a Nissan, Honda, and 2 Ford stores. For the last 3 cars, I have bought a Nisssan backed Quality Guard warranty and wrote the policy (roll into the loan) on my cars as well as did my own financing. What really pissed me off about this is that our warranty administrator cancelled the warranty because she thought I never bought my car. No BS here, but my office is probably 20 feet away her office, and she never asked me if she should cancel the contract.
Yes I can prove I had a warranty, I received the warranty book a month after I bought the car. I have never made a claim so I never checked to see if the policy was active...but assumed it was since I had the book and roadside assistance card with policy number on it. And really do not want to sue my employer, I have been a finance manager there for 9 years, and they have treated me well.
Yes I can prove I had a warranty, I received the warranty book a month after I bought the car. I have never made a claim so I never checked to see if the policy was active...but assumed it was since I had the book and roadside assistance card with policy number on it. And really do not want to sue my employer, I have been a finance manager there for 9 years, and they have treated me well.
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I just had my transmission replaced because of the second gear pop out. I have a 2003 turbo. It is a known problem. Many examples on the board. Since you never authorized cancellation and never got the money you should be OK
Arnie
Arnie
my extended warranty refused to pay(I think they knew that Posche
usualy steps up and covers it) and Porsche steped up and paid.
my car had 12k and it is 2001
right after at about 14k they extended warr paid to remove
the engine to replace an intake gasket.
go figure
Boris
usualy steps up and covers it) and Porsche steped up and paid.
my car had 12k and it is 2001
right after at about 14k they extended warr paid to remove
the engine to replace an intake gasket.
go figure
Boris
Thanks for the detail. It would appear that you have a good claim against the warranty co (they did not contact you re termination and apparently kept the refund you were entitled to) and/or against your employer. Since you don't want to sue your employer (a good decision under almost any circumstances) discussion with the GM seems to be your best direction. The dealer should be able to fix the error with the ins co...or at least provide you the repair that would otherwise have been covered.
My transmission replacement wasn't covered by warranty ...
You have assumed that 996TT transmission replacement is covered under warranty. My long sorry saga is here:
http://forums.rennlist.com/rennforum...5&page=1&pp=15
http://forums.rennlist.com/rennforum...5&page=1&pp=15
Originally Posted by Mike (La Jolla)
You have assumed that 996TT transmission replacement is covered under warranty. My long sorry saga is here:
http://forums.rennlist.com/rennforum...5&page=1&pp=15
http://forums.rennlist.com/rennforum...5&page=1&pp=15
Hey Mike, actually my service director told me that he had to get Porsche NA involved and they had sent someone to take all measurements and tolerances of all the gears and synchros. He told me there was no abuse (never been tracked yet and few overrevs) and and all measurements were within correct tolerance except for 1 linkage that Porsche said was more from assembly of the tranny. Porsche had recommended to my warranty (aftermarket) to replace the entire tranny instead of doing a rebuild. After a long week last week, my service director told me it was looking good and they found 2 trannies readily available in Cali. As of this past Friday, is when my warranty company said there was an active policy, but looked like it was cancelled and reinstated by me to do repairs, which is BS. I never authorized any cancellation or even received any kind of refund to either me or my lienholder at the time. My thoughts is if Porsche is admitting to a assembly problem, they should be liable. If they do not want to goodwill, then the dealership I work at should be liable to pay and try to get reimbursed by my warranty company. If I didn't work at the dealership, and was just a customer then it would be alot uglier and the states attorney would be involved, but I have to act civilized and try to work things out with my employer. Time will tell.
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