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Introduction I finally had my day in small claims court last week and am still mad at myself for not knowing the rules. Ford came prepared to fight hard and by any means necessary. Accompanying Fords' lawyer was the Eastern Canada something or other and a local Ford mechanic as witnesses for Ford. My case was held in small claims court in New Brunswick, so laws may be different in your province. To start with, hearsay is not allowed, which means that you cannot present as evidence something that another person may have said-- for example: "my mechanic told me that all models have the same problem". This means that you must have the person that made the statements there as a witness. Also, most of the evidence I had was information I had taken off of the web--which is the only place a consumer can get evidence to back him or herself up. The lawyer stated that the information I had taken online could have been written by anyone so the documents should also be considered hearsay. I argued that many of the sites I obtained evidence such as TSBs and owner complaints were very reputable-- such as NHTSA, CAS and certain news and TV articles. I managed to get some evidence across but not much. My complaint began with cooling system concerns while the van was under warranty--actually extended warranty---I was loosing coolant. The dealer maintained that this was normal "evaporation" and performed a rad flush. Looking through my receipts showed that they had also added a can of STOP LEAK after the flush. This, I claimed was proof that the ford dealer knew there was an impending problem they wanted to avoid until my warranty ran out. Fords' lawyer had a complete printout of all work I had done to the van at the dealership. They then stated that the extended warranty I had paid over 800 dollars for may not have been Ford's so they had no obligation after the initial warranty. I had no warranty papers with me, but I had the receipt and I used her printout against her showing that the dealer had honored the extended plan, so it must have been theirs. Then Ford tried to prove that I had not maintained the van or followed the maintenance schedule. Luckily I had all receipts and stated that it was not mandatory to have the work done at a Ford dealership-I can get my oil changed wherever I want. As evidence that there was a continuing problem with headgasket failures in later model years, I showed news articles about Fords' "voluntary" recall on the 95 models. I was under the impression that Ford caved in to complaints from consumers and from pressure from CAS. When on the stand Ford's rep stated that this was not true. He said that Ford initiated the recall out of "concern for the customer". From info I found online this is pure bull. I also mentioned the numerous TSBs out on the 98 and earlier models and that from online info from reputable sites that TSBs arise from owner complaints about specific concerns. The rep said no--"they are just additions to the repair manual" and that the mechanics address certain problems they encounter while repairing problems. I then mentioned that even if that is the case, there must have been significant repairs done to generate a TSB on it? He didn't know what to say to that. Next I addressed the constant revisions made to the headgasket, including 2 part numbers for the 98 model--depending on when it was built. The rep and the mechanic say that this is not what it seems--the part numbers change from time to time. They also mentioned that the gasket material is prone to corrosion when antifreeze gets old. This goes back to maintaining your vehicle. If you do not flush your rad according to the schedule, they will use that against you. Right now I am mad at myself for not knowing the rules and thinking Ford would play fair and square--- when they send a lawyer, the area bigwig and pay a mechanic for the day means they are going to play hardball to keep this problem under wraps. The bottom line is: Ford thinks you do not exist out there people AND you don't matter. Now for the best part---the mechanic. On the stand the lawyer asked him if he had ever repaired the head gasket on a 98 Windstar. I was floored!! I had a letter written from the mechanic who repaired my van--an ex Ford mechanic who opened his own shop last year. My guy stated he has fixed 20 in his shop in the last year and many others at the dealership. Their guy says he's never seen a 98 gasket problem or fixed it. BUT I was so amazed that I never thought to ask him if rebuilding engines was his job at the dealership. Turns out a few ex Ford guys from the shop know him--and he's their ELECTRONICS guy!! Sneaky eh? If you decide to take them to small claims 1. There is strength in numbers. You probably know someone with the same problem or have a friend who does. Don't forget--they put the 3.8 motor in the Mustang, Sable, Taurus and T-bird. Find as many witnesses as you can---put an ad in the local paper and promise a quid pro quo. Ill go to your case if you come to mine. If your combined claim does not go over the small claims limit--file together. You'll find many will back down under the gun so subpoena them if you have to. Get the mechanic to go also even if you have to subpoena him too. Ford means business--you need to also. 2: Get as much info as you can either online or elsewhere. Maybe you can use it in your area. Know what you are talking about. 3: Have all receipts and warranty papers to show you maintained your vehicle and followed the schedule. Include towing and rental receipts also. 4:Remember the sneaky answers--I never thought to ask the mechanic if the repair of engines was his job--and he never volunteered it neither did the lawyer. 5: If possible, find a mechanic who works on Ford to keep a blown gasket from each vehicle he fixes--they seem to go at the same spot---powerful evidence. If you are brave enough to look--go garbage picking at the dealership but they probably lock them in a secret vault somewhere like Area 51. |
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Document Last Modified on Wednesday, 10-Sep-03 14:58:10 PDT |
