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jbsk8er1
02-03-2005, 07:36 PM
Recently Subaru has voided my warrenty due to suspension modifications, however the problem at hand has nothing to do with anything suspension related, my clutch has lost pressure in the system twice and sticks to the floor at times. Subaru has claimed that they will no longer handle any of my problems because of the strut and sway bars along with the tein springs that i have added. If any one has any advice or knows of a way to force subaru to do somthing please give me advice asap. I am seriously dissapointed with my subaru and would like to lemon law it, it states in the warrenty and maintenance supplement that if the same non-conformity issue happens two or more times and can result in death than subaru if forced to replace the car or give the custormer their money back with a deduction for miles. PLEASE HELP, Im EXTREMELY UPSET WITH THE HANDLING OF MY CASE ANY SUPPORT WOULD BE GREAT. o by the way i have an 04 wrx sti

Subie Gal
02-03-2005, 07:46 PM
right... you didnt have any other modifications right?

not a turbo timer?
not a catch can??
not an aftermarket radiator?

no?... none of that? ;)
I suppose none of it was ever installed right?


04 STI For Sale - Low mileage (10k) 2004 Subaru WRX STi in excellent condition and with numerous upgrades from VIVID racing including new TEIN springs, CUSCO front and rear strut bars, PERRIN front and rear sway bars, and APEX'I turbo timer. Additional accessories, still in the box, include knock link and sensor, CUSCO oil catch can, sti radiator cap and PWR radiator along with PERRIN hoses and a ZEROSPORTS cool thermostat. The car's custom stereo, installed by Al and Eds Autosound, includes a Pioneer in-dash am/fm/cd player, Alpine amplifier, speakers and a 12" sub-woofer. The STI's rear spoiler and trunk lid has been replaced with a standard WRX trunck lid to reduce the car's loud appearance, and optional front fog lamps give it a "sleeper" look.


sounds to me like Subaru has every reason to deny warranty coverage.

jbsk8er1
02-03-2005, 07:53 PM
Only the turbo timer along with springs, sway and strut bars.

jbsk8er1
02-03-2005, 07:55 PM
sorry for posting in twice but i need help subaru is being ridiculous and has voided my warrenty on the clutch due to suspension mods and a turbo timer it makes no sense whatsoever

BLACK02WAGON
02-03-2005, 07:56 PM
for a turbo timer???? You have to be kidding. It even says in the post that the other parts haven't even been installed. Even if they had been, they have nothing to do with the drivetrain.

What you need to do is familiarize yourself with the Magnusson-Moss Act. It has to do with how manufacturers can enforce their warranties. I have found that just mentioning that you know what this is to service managers will usually make them turn on their heel and get to work. Now all of this assumes that you have not screwed with the driveline in any way.

Good Luck

jbsk8er1
02-03-2005, 08:02 PM
no i dont believe i have, thanks for the help hopefully itll work out if it doesnt im never getting another subaru again

jbsk8er1
02-03-2005, 08:08 PM
they also want me to sign a good will repair thing, i am not going to but i desperatly need help on this

Subie Gal
02-03-2005, 08:12 PM
if you are that upset about it.
and if you are telling the truth... :)

ask to speak to the district warranty rep.

if that gets you nowhere and you firmly believe you are being wronged,
get an attorney and do something about it.

but if those mods which 'werent' installed last November
have somehow made it onto your car?
subaru has every right to void your warranty.

*shrug*

jamie

STI 2 NV
02-03-2005, 08:33 PM
take the mods off and go to another dealership

ADIDAS
02-03-2005, 09:07 PM
this is why im not touching my engine.

jbsk8er1
02-03-2005, 09:45 PM
i didnt touch my engine the only thing that was altered was the suspension what do you think subaru will do about this problem

Lachlan
02-03-2005, 10:03 PM
I don't see how Subaru has "every right" to void the warranty if the warrantable problem cannot be proven to have been caused by aftermarket modification. I thought that was the deal--to refuse a warranty claim based on am parts they have to prove that the parts caused the problem, no?

jbsk8er1
02-04-2005, 12:59 AM
yea but the dealer tech stated that the suspension could have altered the performance i said yea the handling, but he went on to say it could have changed the hp i felt so angry that i could have yelled at him, hopefully theyll find smarter people who know that springs dont add hp but untill then i guess im screwed

Lachlan
02-04-2005, 01:01 AM
Lawyer?

jbsk8er1
02-04-2005, 12:39 PM
how much will it cost me to get a lawyer and not just get my warrenty back but lemon law the car and never buy another subaru again?

jbsk8er1
02-04-2005, 12:43 PM
Also what is the law that states that unless the mods directly cause the problem than they dont void the warrenty ie my suspension mods that have voided the clutch warrenty or is the warrenty all one big thing together? I need help asap before i call the soa again and bitch to them

WRXVT
02-04-2005, 01:42 PM
Magnusson-Moss Act

http://www.ftc.gov/bcp/conline/pubs/buspubs/warranty.htm

The Magnusson-Moss Warranty - Federal Trade Commission Improvement Act of 1975 protects consumers from such fradulent activity by new car dealers. Under this Act, aftermarket equipment that improves performance does not void a vehicle manufacturer's orginial warranty, unless the warranty clearly states the addition of aftermarket equipment automatically voids your vehicle's warrany or if it can be proven that the aftermarket device is the direct cause of the failure. The easiest way to check this is to look in your owner's manual under, "what is not covered". Under Magnusson-Moss Act a dealer must prove, not just vocalize, that aftermarket equipment caused the need for repairs before they can deny warranty coverage. If they cannot prove such claim-or offer an explanation- it is your legal right to demand compliance with the warranty. The Federal Trade Commission (202.326.3128) administers the Magnusson-Moss Act and monitors compliance with warranty law.

armand1
02-04-2005, 11:58 PM
jbsk8er1,
First, take a deep breath.

Second, do some searches in this forum about "voiding" warranties -- you will find out that that is *very* rare and difficult to do, and people who talk in those terms are usually considered uninformed, at best. What *does* happen is that repair coverage under warranty is denied.

Third, realize that there is a (big) difference between a Subaru dealer and Subaru of America (SOA). SOA is the final authority on what gets covered under warranty and what does not.

Fourth, understand that people can *say* a lot of things (even very silly things) without big consequences, but that having things put down *on paper* often focuses minds and issues, because all of a sudden there is a record/paper trail.

Therefore, what you need to do first is to *write a letter* to your dealer asking them to repair your car under warranty (list the VIN#, mileage, problem with it, etc) or to reply, *in writing,* with the reason(s) why they refuse to repair it under warranty. Specify a reasonable time frame for a response (say 7 days), and keep a photocopy for your records.
If you do get a response, evaluate their reason and if you think it's wrong, pursue it with SOA.
If you don't get a response, contact SOA and pursue the issue with them, again in writing (by mail or fax) as much as possible.

PS - for lemon law info, you will have to find out the specific issues, rules, and remedies for the lemon law in your state, as they vary dramatically from state to state.

bofh
02-05-2005, 12:59 PM
What he said... I hate to disagree with Subie Gal, but your mods should have nothing to do with a clutch failure. However, being secretive means you could have hidden other mods (for example, and MBC) which would. They are also a good argument towards "abuse" which would toast a clutch. Start the discussion in writing. I many states e-mail also will work. Start with the service writer. Go to the service manager, and then the general manager. At all times, be polite and respectful, but firm. You are asking them to tell you why the will not warranty it, and how that was a proximate cause of the failure. If you get all the way to SOA, and they still deny you, you can now go directly to your state Attorney General and Lemon Law it. (In most states, YMMV) Again, attitude makes the difference here. If you are a pissed of kid, they will blow you off. If you are a mature professional, they will often accommodate you.

jbsk8er1
02-05-2005, 01:35 PM
nope i dont have any hidden mods, and i havent abused the clutch, also its not burnt out i believe that the system keeps on loosing pressure due to the fact that the clutch pedal keeps on getting stuck to the floor and unless i manually pry it up it will not return to its place.

jbsk8er1
02-05-2005, 01:40 PM
sorry for being so persistant, its just annoying how many issues ive had with this car. what are the exact steps that should be taken to lemon law the car. also soa has voided my warrenty due to the suspension mods which in my opinion have nothing whatsoever to do with the clutch please correct me if im wrong.

Timmysubie
02-05-2005, 05:35 PM
I know how you feel. When i had my 03 WRX, something inside the tranny broke that wasnt my fault. What the dealer did say is that they would take apart my tranny and if it looked like it had been abused they would have to void my warranty. I was furious because i hadnt abused it. I new it had to do witht he fact that wrx trannies have plastic parts in them.

The previous comment about a dealer being an entirely different thing from an SOA rep is true. The SOA reps know there stuff. After my dealer had an SOA rep come and look at my car, and my pops bringin lawyer up on the phone, as well as telling them the car is a good car but the transmission is its downfall. The rep told them it wasnt my fault, but that it was a problem with the transmission.

^ To me, i dont see the problem with warranty. Why doesnt Subaru take the time to survey their customers and provide WARRANTIED upgrade part. They would have most of their customers buying them and they would know how to take care of problems. Warrantied performance up/dp, intercoolers, ecu upgrades, new turbo's. I would be willing to pay twice as much just for the fact that i could keep my warranty.

AHHHHHHHHHHHHHHHHHHHHHHHHHHH

TopSpeed
02-05-2005, 07:47 PM
jbsk8er1,
First, take a deep breath.

Second, do some searches in this forum about "voiding" warranties -- you will find out that that is *very* rare and difficult to do, and people who talk in those terms are usually considered uninformed, at best. What *does* happen is that repair coverage under warranty is denied.

I don't want to throw gasoline on the fire, but in practice this has not been Subaru of America's customary behavior.

They do in fact "void" warranties by having the VIN flagged in SubaruNet, thereby causing any warranty claim submitted on the vehicle for ANY reason to be kicked back as denied.

This is not "legal" per the Magnusson-Moss Act, yet it is a daily occurrence. The folks in Subaru's warranty claims department seem to live in a blissfull place where the MMA does not exist, or does not apply, at least in their minds. Once a VIN is flagged (whether the reason is even valid or not, I've seen some pretty idiotic ones before) they then will cover warranty claims on the vehicle ONLY under duress, and claim that it is a "good will" repair, when in reality they are legally obligated to honor their warranty terms and they're simply seeking to reduce costs by abusing the consumer.



My advice is to call 1-800-SUBARU3 and open a case on this repair. Explain your situation and tell them you'd like a representative of Subaru to get in touch with you, NOT someone from the local dealership. Work out your issue with the rep one-on-one and take the dealership out of the discussion.

The dealership will perform whatever repair they are instructed by Subaru to perform. Fix the issue from the top down.

If they continue to give you a problem, hire legal representation.



Jason Porter
TopSpeed

00Maddog
02-05-2005, 08:07 PM
I had a clutch pedal stick to the floor twice in a 05gt, turned out the clutch was fried, and that was a characteristic of the new style clutch failing, pedal sticking to the floor. I know the sti clutch is similar, minus the dual-mass flywheel (which had also failed from heat) , so maybe that is the cause? smoked clutch? that wouldn't be warranty even with no mods, so better check this out before you spend money on a lawyer.

Timmysubie
02-05-2005, 08:40 PM
^^^ What? if his clutch is done and he's babied his car, then it is a warranty problem. The fact if he babied or abused his clutch is a problem resolved by his concious.

00Maddog
02-05-2005, 08:47 PM
covering premature brake or clutch lining failure is sometimes done once in a vehicles warranty, but even those are hard to count on.

Timmysubie
02-05-2005, 09:27 PM
I just didnt understand your post i thought you said that it was a problem with the new clutch meaning it was the same with all of them.

and that was a characteristic of the new style clutch failing, pedal sticking to the floor. I know the sti clutch is similar, minus the dual-mass flywheel (which had also failed from heat) , so maybe that is the cause?

ANZAC_1915
02-05-2005, 10:36 PM
I just didnt understand your post i thought you said that it was a problem with the new clutch meaning it was the same with all of them.

No I think it is the way the slave cyl works.

So...

Ever done a clutch drop in your car? Smoked the clutch?
Ever had any MBC or piggyback ECU on the engine?

If not, you're right that Subaru should just fix the clutch under the drivetrain warranty (if it doesn't function now). Premature wear is a more difficult issue if that is the cause.

I agree with previous advice, try 1800SUBARU3, get an appt with a district rep.

If no luck, send a (registered) letter to the warranty address in the warranty manual and ask them why warranty service was denied.

Then take that and start lemon law proceedings (you don't need a lawyer, and most states' lemon laws are fairly consumer friendly).

Glenn

RexyGirl
02-05-2005, 11:06 PM
Let me get this straight:

You only put suspension mods on your car, bought a whole bunch of other stuff for your car, (which was "never" installed), yet you "baby your car?

Something doesn't sound right. Why put/buy all that stuff on your car if you weren't going to "have a litle fun?'

scoobdude
02-06-2005, 05:44 PM
here is my last story.

http://theoildrop.server101.com/cgi/ultimatebb.cgi?ubb=get_topic;f=16;t=001305#000000

now my turbo is somking so we will see how that goes. Hope that helps clarify a route for you to take.

and i must say, that dealing with the people at 1-800-STUBARU was dumb. they did nothing to help. It was not till this squeeky wheel got to the top before i got results (even though i had proir proof).

Good luck either way.

If they void your warranty.. ask for a refund on any extended warranty and ask for a concession since you will now need to take the car to other places to get it fixed.

I HATE DUMB PEOPLE!!!

sorry, Joe

jbsk8er1
02-07-2005, 08:37 PM
Yea the district rep is supposed to call me tomorrow about my car, ill mention the magnusson-scott act and tell her unless she can explain how my suspension affected my clutch then i may have to take legal action....what else should i state that will convince her that obviously they being subaru are in the wrong and should not void the warrenty...thanxs and o by the way my friends wrx the bumper dropped off this weekend while he was driving on the freeway and he had it drag all the way home.....and subaru doesnt know what to do

Wheels
02-07-2005, 09:10 PM
dont state legal action nor state the act just yet.

Just ask how the suspention impeeds the operation of the clutch.

ADIDAS
02-07-2005, 09:57 PM
Yea the district rep is supposed to call me tomorrow about my car, ill mention the magnusson-scott act and tell her unless she can explain how my suspension affected my clutch then i may have to take legal action....what else should i state that will convince her that obviously they being subaru are in the wrong and should not void the warrenty...thanxs and o by the way my friends wrx the bumper dropped off this weekend while he was driving on the freeway and he had it drag all the way home.....and subaru doesnt know what to do

Please for the love of all things holy, if your going to mention legal action and the "act" at least get the name of the act right. Its the magnuson-moss act. http://forums.nasioc.com/ubb-files/smilies/biggrin.gif

armand1
02-07-2005, 11:46 PM
Yea the district rep is supposed to call me tomorrow about my car, ill mention the magnusson-scott act and tell her unless she can explain how my suspension affected my clutch then i may have to take legal action....
If you actually want to achieve something instead of just making yourself feel good, do NOT mention the MM act or threaten legal action. First, don't deal with the rep by phone, use email or postal mail, so you have printed/written copies of what was said for future use. If the rep insists on dealing with you by phone, get his/her permission to tape-record the conversation and do so. Just ask politely but firmly if Subaru will fix your car under warranty. If not, ask for the reason and get one. If the rep (or anyone you talk to) says they won't/can't fix it and you don't want to deal with them anymore, just ask them which of their superiors in the organization has the authority to fix it, and what is the best way to contact them.
All mentioning MM or threats of legal action will get you is the SOA rep calling your bluff and saying "see you in court". You may have to go to court eventually, but why not try to get it resolved w/o that time and expense. Remember, even if you win, you will have to pay your own court costs, any lawyer fees, and will likely have to wait *six months* or more(!) just for a trial date.

00Maddog
02-07-2005, 11:54 PM
^^^^^^^^^ :disco:

Timmysubie
02-08-2005, 12:35 AM
I do agree with getting everything written and have a hard copy. Also i do feel that atleast mentioning legal action *to the dealer* not the SOA rep in the form of,

"I dont understand why my warranty is being voided, the clutch could not have been effected by my suspension mods, or my driving(if this is true and they dont find anything else). If i cannot get a straight forward explination of how my mods directly effect the clutch, i will consult my lawyer."

Again this is only from personal experience, the mentioning of legal action did help me. Especially because i was being wronged.

scoobdude
02-08-2005, 12:52 AM
If you actually want to achieve something instead of just making yourself feel good, do NOT mention the MM act or threaten legal action. First, don't deal with the rep by phone, use email or postal mail, so you have printed/written copies of what was said for future use. If the rep insists on dealing with you by phone, get his/her permission to tape-record the conversation and do so. Just ask politely but firmly if Subaru will fix your car under warranty. If not, ask for the reason and get one. If the rep (or anyone you talk to) says they won't/can't fix it and you don't want to deal with them anymore, just ask them which of their superiors in the organization has the authority to fix it, and what is the best way to contact them.
All mentioning MM or threats of legal action will get you is the SOA rep calling your bluff and saying "see you in court". You may have to go to court eventually, but why not try to get it resolved w/o that time and expense. Remember, even if you win, you will have to pay your own court costs, any lawyer fees, and will likely have to wait *six months* or more(!) just for a trial date.

any form of proof of what they said is countered with an excuse such as "contact SOA to get you warranty claim is denied ". Plus it is not the MM act that will get you in to trouble, nor mention of a lawyer. You have to know how to use these terms and how to defend your position(though it should be the other way around). I would say go in there and just tell them to prove it. once they do/dont', ask for that in writing. If they refuse that then mention the MM act and how that is your right. if they refer you to SOA, then explain how the stealership is denying the claim, not SOA (yet). If that does not get you anywhere, just say i will persue this though other means. you have a wonderful day.

This in calm manner will get you good results in general. if they are hell bent on denting you claim then legal is your only option.

p.s. if they mention your warranty is voided.. make sure you get that in writing!!!!!!! This is ILLEGAL as per the MM. Also remember all documents are legal.

Good luck... its an uphill battle in corporate america. :disco:

Joe

vapore0n
02-08-2005, 05:24 PM
you should hold off on mentioning legal action and MM to anyone. Talk to the SOA rep. Explain calmly your problem and what the dealer is doing. Tell them to explain to you why the suspension mods are the cause of the problem. You will most likely be told to take it to the dealer and sign the papers stating that if they do find that the cause of problem was abuse or other mods then that you will pay for the work done to fix it.

Also, doesnt the Lemon Law apply IF your car has been taken to fix the same problem 3 or more times with no result and within something like 3-6 months. IMO I dont think you can lemonlaw it so dont ask for it.

armand1
02-11-2005, 06:12 PM
... Plus it is not the MM act that will get you in to trouble, nor mention of a lawyer. You have to know how to use these terms and how to defend your position...
In general, I agree; it's just that based on his posts, I'm not sure the original poster should depend on his verbal sparring skills to win this for himself.

Knotsure
02-11-2005, 08:26 PM
I always wonder how these things turn out. Remember the guy that they were saying damaged something when a knuckle broke and everyone was saying it was metal failure? What happened when the insurance looked at it? I hope you post how this turns out!!