EJ25 missing on 2 and 4

[e4620]

Montana105, you misunderstand. I intend to go to small claims court and only after consulting with a lawyer. The limit here as I understand it is 10k.

 

This is also a last resort, I'm still hopeing they will come to their senses, but when its all said and done I am very willing to take them to small claims.

[montana105]

Not to be rude-but I certainly don't misunderstand and my intention was to forewarn you,believe me they will expend whatever resources they have to de-bunk you to win their case,they will spend well over the 10000.00 limit to protect themselves,and if they win you jeopardize yourself if you ever say anything bad about them especially in public as you would only help their cause.My opinion is to have a second opinion from another dealer or certified Subaru mechanic stating the problems and needed corrections in writing.i would also wait and see if SOA steps up and handles the problem.

[e4620]

I apologize montana105, and thank you for your input and assistance. I had no intention of sounding rude myself.

[FSRBIKER]

Why not contact "7 on your side" or one of those types of help groups run by our local TV stations?

[Rooster2]

They had no idea I had a voice recorder in my pocket. I'll have to look into the legality there...

 

 

I have always heard that there is no problem recording a telephone conversation between two people if you are one of the parties in the telephone conversation. You have no obligation to tell the other party that you are recording them. If you have to go to court, transcribe the tel conversation to paper, then submit the transcription as evidence in "discoveries" in the court hearing. You can say that you have the tape to play to back up the transcription, if requested to do so.

 

O, now I read that you had a recorder in your pocket. Still, the above advise still stands, transcribe the conversation to paper, and present in court at appropriate time.

[Rooster2]

Quote:I demanded a refund and a new engine, the manager said I can't have both.

 

My thought is that I agree with the manager statement. It is unreasonable for you to emotionally demand a refund, and a new engine. As unappealing as it is to continue dealing with these clowns at the distributor, they owe it to you to fix your car at no additional cost, and with a written guarantee. How they fix it is really there call. The end result, is that the repair must meet your satisfaction. A written guarantee is necessary to make sure there work lasts a good long time.

 

The SOA rep needs to be advised of this entire mess for sure.

[WAWalker]

OK, in Montana it is NOT legal to record a conversation without diclosing that you are recording it.

I have no idea if your state has this kind of law. But I would not go off of what someone thinks to be the law. I would suggest speaking with a lawyer or looking it up yourself.

 

If you get caught doing something illegal to get what you want, you will end up getting nothing.

 

This is how the law reads her:

 

45-8-213. Privacy in communications. (1) Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if the person knowingly or purposely:

© records or causes to be recorded a conversation by use of a hidden electronic or mechanical device that reproduces a human conversation without the knowledge of all parties to the conversation. This subsection (1)© does not apply to:

(i) elected or appointed public officials or to public employees when the transcription or recording is done in the performance of official duty;

(ii) persons speaking at public meetings;

(iii) persons given warning of the transcription or recording, and if one person provides the warning, either party may record; or

(iv) a health care facility, as defined in 50-5-101, or a government agency that deals with health care if the recording is of a health care emergency telephone communication made to the facility or agency.

[johnceggleston]

in VA some years ago 2 ploitical aides used a cell phone scanner and a tape recorder to listen in and record a cell phone conversation of a member of the opposing political party. apparently this is not against the law in VA since no charges were filed. apparently there is or was no real privacy on cell phones since they use radio waves, who knows??

 

BUT the aides then gave, sent or delivered this recoprding to some one else and this did break the law. a trial and conviction followed. check with a lawyer, you probably won't even need the recording. they are crazy not to fix your car.

 

as mentioned above, transcribe the recording to paper and date it. if you cannot use the recording, you can present the written acount as your recolection of the conversation which you put ot paper the next day. include it with all your other documentation. the more organized and complete your documentation is the more convincing it will be when you tell it to the judge.

 

the dealer would be crazy to let it go that far. they just need to fix your car, make you happy and get past it. and so far i haven't heard that they said they would not do that.

 

you just need to get your car fixed, with a warranty, and move on. mark it up to hard knocks. if you really want to cause trouble fight for cash and get it fixed some where else, but i think this will be harder to win. and the judge may decide that the car was broken when it came in, it is still broken, you get back what you paid and call it even.

 

i have no idea how the dealers are responsible to SOA and vice versa but my guess is you'll get a repaired or replaced engine with a warranty. having SOA involved can only help.

 

as for punishing the dealer, he's lost all potential business from everyone on this board and everyone we talk to.

[WAWalker]

I've got a customer who is a lawyer. I've been working on her Toyota 4 Runner for probably 8 or 9 years. She takes notes of pretty much everything I say each time she talks to me about needed repairs or repairs performed, and has a thick file of all repair oders and the notes. This is in person while she is at the shop or while on the phone, she is wirting it all down. I've always thought it was kind of funny. Maybe she is just waiting for me to screw something up.

 

Anyway, I would deffinetly be takeing notes every time you talk to these jokers.

[e4620]

After I realized I wasen't dealing with the most competent of dealerships I began documenting everything. I also just submitted my complaint to the BBB, I'll see where that gets me and see what the mechanic says about the engine on monday. If things don't go right I'll be contacting those 7 on your side and help me howard things on the local news. They seem to love giving attention to buisnesses who practice shady tactics.

 

At this point I don't know how comfterble I'll feel with this mechanic doing any more work, let alone if he attempts to repair the engine instead of replace it. I would like to have another subaru mechanic at least look at the engine, but it will be difficult to get to them as it won't crank.

[WAWalker]

If the dealer knows how the BBB works, filing a complaint there will get you nowere. The BBB is a joke. It is a group of people who don't want to get a real job, so they are making their living takeing money from onest business people who get nothing back for the money they give. End BBB rant.

 

On the other hand if they don't understand the workings of the BBB, it may put a little fear in them when they are contacted by the BBB concerning the complaint. Anything to keep the pressure on them will probably help.

[e4620]

Well, the official diagnosis now is that the main bearings went. The dealer has agreed to replace the block....with a few catches, for starters apparently the closest warehouse that has one is in Denver, Co. SOA confirmed this when I called up. Other catch is the dealer is out of loaner cars.

[Cougar]

I would talk with the manager of the dealership and see if they will help you out with the expense of a rental car since it was their fault you are without transportation and this has gone on for so long. You may have some legal recourse on that if they refuse you.

[montana105]

It's a dealership,they can't run out of loaners,they have plenty of demo's and other cars on the lot

[e4620]

Montana, thats what I asked them :-\ they didn't have an answer.

 

I did talk to their manager, he simply said they don't arrange for outside loaners, they also said they should have one coming back by the end of the week...I forwarded this information to SOA who assured me if the dealer does not arrange for a car by the end of the week, they will.

[Rooster2]

Sounds like SOA is coming to your aid, and also staying abreast of your trouble. I have heard of dealer screw ups before with a number of cars made by different manufacturers. Your saga ranks right up at the top in terms of a dealer induced mess. After a while you can only laugh to keep from crying. I just hope things get better for you, and try not to loose your temper while still dealing with these clowns. Persistantly keep after them with a telephone call every two or three days to inquire about work progress, or drop by to see the rebuild. The situation can only get better.

[e4620]

The temper control reached a new high when I stopped in later on to speak with a general manager of the dealership. Service was closed by that time as it was after 5:00, so it was a sales manager. His response when I requested a loaner car was "maybe its time to think about trading in". After they destroyed it.

 

Yes, all of this has been documented and SOA knows about the entirety of it. Unfortuneately they say this is almost all dealer side and they claim to not be able to regulate dealer actions. Considering their name is above the door I find this hard to believe. Im sick of argueing and complaining to these people though, I'll see what Mr. Tomohiko Ikeda or whoever answers the letter I wrote him has to say.

[montana105]

Ed-sorry it has come to this,but don't give up hope.Since you have SOA involved it may be possible to get them to front the money to have the work done at another dealership as they have to be concerned also that the current dealership won't perform as expected which only creates more problems for them.SOA can exert the necessary pressure if needed,as they probably have the power to recommend what dealerships are worthy of the Subaru name and a dealership is nothing without a brand name.If nothing else

let the current dealership fix the car and then trade it off at another dealer.

[FSRBIKER]

Ed the gas station next to the delaership is a rental car place I believe. They can also get you a loaner from a sister dealership, I have had Honda do this for me in the past.

 

One question why a new block not not a full engine? Who knows what other issues are lurking out there because they screwed the repairs up?? Ask them how the main bearings went when they were fine before their repair work, there might be a blocked oil passage in the heads.

[Juan]

What is the latest?

 

What happened?

 

Su...........spence.

 

Sincerely,

 

Juan

[e4620]

Latest is I just got the car back last Friday, its been over 4 months. :cool:

 

The idle is a little rough but the dealer can not explain why. Its got a new shortblock and drivers side head. Compression and leakdown tests are good, timing is correct and theres no vacuum leak. I also checked the injector wires and plug wires...its a mystery. I'm still dealing with them...all I can say is avoid Loman Subaru like the plague.

[2.5GL]

I hate to say it, but I would suspect valve lash adjustment again, even though the compression tests are good. Would it be possible to swap in an ECU to see if it is control related? Do you know anybody near you with a similar car to trade ECU for a few minutes?

 

It's just an idea though...

 

 

Lewis