CleanCL

iTrader: (4)

man i feel your pain, i do, honda really knows how to fuck you over.

sidemarker

so i need to know the definition of a "drivetrain"

is it part of the engine or just the transmission?

because the contract states any alterations to the drivetrain but intake, headers and exhaust is that part of it???

sidemarker

NSXNEXT

iTrader: (2)

It generally refers to those parts of the car that are crucial in delivering power to the wheels. That would include the engine, the transmission, the differential and the axles.


HOWEVER, you need to find out what Acura's definition is.

Red-CL

This is what I was thinking.

Whatever dealer you take it to they would still have to contact the warranty company to see if it's covered before they start any work.

2 seperate dealerships making the same claim about the same car would probly flag the claim. Then they'll really investigate.

Red-CL

If that's drivetrain, what's powertrain?

NSXNEXT

iTrader: (2)

Powertrain = Drivetrain

You say tomayto
I say tomahto

Red-CL

zamo

sidemarker, sorry about your experience. I hope everything is squared away in your favor.

If we could help on any way, like sending a fax or letter to the morons (oops, extended warranty company I mean), count with me.

Best of luck

zamo

fuzzy02CLS

iTrader: (2)

This BLOWS!

You need a lawer! Even if you went to another dealer the 3rd party warranty company still has to deal with it & they already know about your problems so that will not work.
This is the problem dealing with 3rd party warranties, & why they shouldn't be used. In fact if the Acura dealer didn't sell you a real Acura warranty that might be illegal. It's worth checking. I have never heard of a dealer not offering their manufactor extended warranty. The adjuster is right. All extended warrenties from 3rd parties have the modifaction clause in them. That's how they get out of the SEMA law. By adding this clause. There's nothing you can do. Seek legal help.

beerknurd

if your car runs, put it back to stock, and trade it in.

sidemarker

ok will this arugement hold water

I am disputing a denied claim on October 13, 2004. A MasterTech claims adjuster denied warranty coverage to my vehicle due to modifications. However under the provisions of Federal Law Magnuson-Moss Warranty Act (15 U.S.C. 2302(C)) MasterTech must prove that the aftermarket equipment caused the problem. Furthermore, after further review of the warranty contract I discovered that the warranty contract lacks the language of aftermarket equipment(s). These aftermarket equipment(s) on my vehicle do not alter the way the drive train originally functions and it should be clear that there are no modifications or alterations to the drive train of the vehicle. My claim should be re-evaluated and further inspected to discover the cause of the problem.

sidemarker

i wish it did run

but i most likely have a dead motor

sidemarker

bent09

iTrader: (1)

I would put a time statement in. Even if it is a call back on this matter by ____. Always helps the situation because they know you serious.

sidemarker

well i guess im getting screwed both ways

what i dont understand is why would my dealership go with a 3rd party warranty company

i bought my honda from the same owners GUNN and they sold me the honda care package

sidemarker

sidemarker

ill make sure to put one in!

zamo

sidemarker, that seems good, but be more energic in your statements.

Even consider adding a paragraph expressing your concern about they not being able to help and you seeking help from an experienced attourney and informing about this situation to the BBB.

sidemarker

this is my closing paragraph

I request that your committee reverse the decision of this claim. If the decision is not overturned, MasterTech will fail to provide the coverage set forth in the binding agreement of the Vehicle protection program contract. If necessary I will consider taking strong legal matters to make sure a more accurate and lawful decision is made to finalize the outcome of this claim.

sidemarker

oh yeah would it be better to change it from aftermarket equipment to aftermarket replacement equipement??

sidemarker

allenn

This is not the time to save $$$$. You need legal advice.

sidemarker

here is another draft

I am disputing a denied claim on October 13, 2004. A MasterTech claims adjuster denied warranty coverage to my vehicle due to modifications. However under the provisions of Federal Law Magnuson-Moss Warranty Act (15 U.S.C. 2302(C)) MasterTech must prove that the aftermarket equipment caused the problem. Furthermore, after further review of the warranty contract I discovered that the warranty contract lacks the language of aftermarket replacement equipment(s). These aftermarket replacement equipment(s) on my vehicle do not alter the way the drive train originally functions and it should be clear that there are no modifications or alterations to the drive train of the vehicle. There is nothing installed or modified on the vehicle to change the drive train operation. My claim should be re-evaluated and further inspected to discover the cause of the problem. If the problem was caused by an internal mechanical breakdown I demand MasterTech authorize the repair and payment for this claim.

Red-CL

A relative of mine works for Chrysler and told me to watch out for things like that. Just cause you bought it from Honda/Acura doesn't mean it's not a 3rd party company. It could just mean that the cater to Honda/Acuras.

They often tells me the horror stories about people think that they're covered by Chrysler and they're not. He goes on to tell me that you have to specifically ask for the Chrsler warranty plan, not the plan that covers Chryslers.

DarkSithCL

iTrader: (1)

Sidemarker, so sorry to hear about this mess...I know absloutely nothing about the subject, so with no further ramblings I will say that I am sending up prayers, b/c I serve a God bigger than all of this foolishness and He will, within His will, work this out for you! Sith

juniorbean

iTrader: (5)

I have to say I agree with the masses. I'd hire a lawyer that works on contingency. That way you don't pay a dime unless you win the case. As someone said, now's not the time to be cheap. You can try to send them your letter, but they are going to continue to jerk you around unless you start playing some hardball.

mlb585

When I bought my CLS, I asked the service manager about mods and such. He did say that if something did happen and they could prove that it was because of an installed mod (either by you OR the dealer), that it would void the warranty JUST ON THAT PART and not void your entire warranty. Non-OEM parts (mods) that you have the dealer installed are by no means covered under your warranty as well.

trancemission

sidemarker, I'm very sorry for what you are going through. For what its worth, if theres anything I can do for you in the Dallas area don't hesitate to ask.

sidemarker

this is what im faxing out...

I am disputing a denied claim on October 13, 2004. A MasterTech claims adjuster denied warranty coverage to my vehicle due to modifications. However under the provisions of Federal Law Magnuson-Moss Warranty Act (15 U.S.C. 2302(C)) (please see attachment A), MasterTech must prove that the aftermarket equipment caused the problem. Furthermore, after close scrutiny of the warranty contract, I discovered that the warranty contract lacks the language of aftermarket replacement equipment(s). These aftermarket replacement equipment(s) on the vehicle do not alter the way the powertrain originally functions and it should be clear that there are no modifications or alterations to the powertrain of the vehicle. I demand proof and evidence from MasterTech that the installed aftermarket replacement equipement(s) did in fact modify or alter the powertrain function to the vehicle.

Furthermore, while reviewing MasterTechs Part II- Vehicle Service Contract. The chart labled “Likelihood of Failure by Component” (see attachment B), the component that broke down on the claimed vehicle is the engine. Please view the odds of failure region with regards to the number of miles between 60/70. It is evident that the probability of that specific component to break down is in the early stage of “likely.” Notice that under Air Conditioning, my air condition component broke down in the same proportional region as the one listed for Engine. It is clear that your statistical probability is accurate for my vehicle and that there is strong statistical evidence that this specific problem would likely occur.

I have spoken to two claim associates in the Texas branch, Arlyn and Randy. Both representatives have been helpful for giving me directions to resolve this situation. In addition, I ask for this committee to act swiftly with the review of this claim and to notify me with any decisions by October 19, 2004. Also I ask that your committee grant a goodwill act by authorizing a rental car accommodation for at least six (6) days while this claim review is being processed.

I request that your committee reconsider the preliminary decision of this claim. If the decision is not resolved, it will be evident that MasterTech failed to provide the coverage set forth in the binding agreement of the Vehicle protection program contract and I will consider taking strong legal matters to make sure a more accurate and lawful decision is made to finalize the outcome of this claim.

mattg

go get those a-holes, sidemarker.

NSXNEXT

iTrader: (2)

Here are my suggestions. Ran it by some legal folk at work.

I request that your committee reconsider the preliminary decision of this claim. If the decision is not resolved, it will be evident that MasterTech failed to provide the coverage set forth in the binding agreement of the Vehicle protection program contract. I will then consider taking strong legal action to make sure a more equitable decision is made to finalize the outcome of this claim.

sidemarker

what about this

I request that your committee reconsider the preliminary decision of this claim. If the decision is not resolved, it will be evident that MasterTech failed to provide the coverage set forth in the binding agreement of the Vehicle protection program contract and I will make a formal complaint to the Federal Trade Commission and I will then consider taking strong legal action to make sure a more equitable decision is made to finalize the outcome of this claim.

NSXNEXT

iTrader: (2)

Screw the FTC, you want your car fixed. The legal action piece will get their attention.

Excelerate

iTrader: (1)

You also might want to consider actually naming a lawyer who would conduct the legal case against Mastertech for you. Give the contact info, name, etc.

sidemarker

well i got a partial update from the dealership

parts $4000 and labor another $3000

so far the problem at this point is cylinder #5. the foreman of the shop told me that the "valve came loose" well from that point everything inside started to eat itself.

i asked him if he thought that any of my aftermarket parts would have caused the problem he said most likely not.

and i got off the phone with the warranty people and they were acting like dicks!!!!

sidemarker

RaviNJCLs

iTrader: (4)

Valve came loose. Well, now I definately see how your suspension could have caused that.
I would talk to that foreman again and tape record his ass. Then take it back to Acura and ask them to explain it to you.
Lawyer up and see if that works. I'm calling my Acura dealer tomorrow to see if they will deny me warrenty service in the future because I have after market improvements.

JaredGMS

first, you cannot voice record people without their acknowledgement. Just ask the foreman of the shop for his theory in writing.

Next,
I talked to my contracts prof, and he said that this is most likely a statute (MM act) that cannot be contracted away. The plain language of the act, "No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer’s using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade, or corporate name..." leads to the notion that even though that clause is in the warranty paperwork, you legally CANNOT sign this right away. If they deny this, I STRONGLY suggest retaining a lawyer. You would probably be able to get this resolved in court, and may be able to get them to pay your attny fees (if you have a good attny).

In addition to 15 USC 2302(c), look at 16 C.F.R. 700.10 section 102(c). It states, in pertinent part:

"No warrantor may condition the continued validity of a warranty on the use of only authorized repair service and/or authorized replacement parts for non-warranty service and maintenance. For example, provisions such as, 'This warranty is void if service is performed by anyone other than an authorized "ABC" dealer and all replacement parts must be genuine "ABC" parts,' and the like, are prohibited where the service or parts are not covered by the warranty. These provisions violate the Act in two ways. First, they violate the section 102 (c) ban against tying arrangements. Second, such provisions are deceptive under section 110 of the Act, because a warrantor cannot, as a matter of law, avoid liability under a written warranty where a defect is unrelated to the use by a consumer of "unauthorized" articles or service. This does not preclude a warrantor from expressly excluding liability for defects or damage caused by such "unauthorized" articles or service; nor does it preclude the warrantor from denying liability where the warrantor can demonstrate that the defect or damage was so caused."

This is an interpretation of the MM act.

Good luck, man, give em hell

J

JaredGMS

Also, Check this out....
http://www.audiworld.com/tech/misc15.shtml

may be a little more help.

sidemarker

I hope this warranty act work cause im pissed off at this warranty company!!!

its like every employee at the Texas center knows my case and everytime i call they sound soooo annoyed like "man what is your problem the car was modded what do you expect?" "sir your car was modified, i dont see why you should be arguing with us."

and for fuckin apples i was not arguing with any of those fuckers. all i wanted to know was what i needed to do to get this shit reconsidered and everyone is giving me this " its hopeless now hang up" shit from them all....

fuck mastertech

if you have mastertech for an extended warranty company please call them up and tell them you want to cancel coverage and eat a dick while there at it!!!!

sidemarker

sidemarker

right now im tony montana

im going to go after them and then ill go after the dealership

i think i might have like a boycott rally at the dealership, now i know the GUNN people will really love that!!!!

sidemarker

sidemarker

its amazing so many lawyers but dont know where to start...

sidemarker

Chopsie

Give em Hell Eric!! Your letter looks good
I'll come down for a rally :hitler:

Zippee

Maybe I missed something, but why are you pissed at the dealer? It is Mastertech that is refusing the claim, not the dealer.