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Pissed off .. help me out ... flooding ,dealership giving me bull

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Old 09-30-2004, 08:27 PM
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The problem is, you're 18 years old. They are assuming that you're going to timidly bend over and take it up the poop chute, or just go back to mommy and daddy with an open hand. Prove them wrong!

A friend of mine had some **** from the Chevy dealer last weekend. Seems they weren't sure if a broken transmission, replaced under warranty, would qualify his wife for a rental car. She was stuck at the dealer with no way to get home, and the kids were at daycare. She calls him (burly redneck lol) and explains all this, plus how the service guy is tapping his fingers and rolling his eyes.

Well that went over like a turd in the punch bowl. He called the dealer up and immediately said, "Let me talk to the guy with the biggest oak desk in the whole building." :D That's probably a good starting point. If it's Jimmy JoeBob's Mazda of Massachussets, then you ask to speak with Jimmy. In person if possible. Speak calmly and look them directly in the eyes.

Slap the printed copies of the ECU reflash/flooding fix on the counter. Calmly explain that "flooding" is pretty much synonymous with "too much gas, not enough air" and therefore a mod which lets in more air would not cause a problem. Also have a printed copy of the ??????? Act, the law which says they have to prove that a part directly caused the problem. Finally, let them know that neither you nor your parents make $30,000 purchases lightly, and this will be remembered the next time someone needs a car.

You can also let it be known that your lawyer dad gets really irate when he has to take half a day off work for **** like this. Or, you can do like my friend did and offhandedly mention that your dad is a respected member of the community, a Shriner, knows all the local law enforcement, etc.

(True or not, who cares...put the fear of God in them. )


EDIT: Always remember, salespeople are MASTER bullshitters. A car stealership is, ultimately, run by salespeople. Whenever you hear the word "never" when dealing with some crap like this, just remember there is ALWAYS an exception.

Last edited by BaronVonBigmeat; 09-30-2004 at 08:33 PM.
Old 09-30-2004, 08:30 PM
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I had a few bad service experiences at 128 Mazda with my FD, I wouldn't have a toy wagon serviced there, never mind a car. Slimey in the extreme.

I had good luck with my FD getting serviced at Ira, although that is a long drive for you. Bruce @ Ira is very reasonable, if you treat him with respect he will treat you well. (unfortunately like almost all Mazda dealers their knowledge of rotaries is limited but they at least don't try to BS you)

Also, it is standard policy with Mazda that any disputes with a dealer's decision regarding warranty service have to be taken up with the District Manager. I did this 2x with my FD, once for uneven paint fade (SOL) and once for an intake hose that cracked 1 month after warranty expired. (Mazda paid half) The latter was actually Bruce's idea not mine and he took care of all of the details, i.e. I didn't have to be present. For the paint fade (done at 128's body shop) I did.

Bottom line, go anywhere but 128 Mazda for service.
Old 09-30-2004, 10:01 PM
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Oh man .... one thing after another! , they stole my ******* engine cover!!!! its not on the engine! , WTF! , they said " oh john must have taken it off when he took pictures of your intake , we shall "try" to find it tomorrow" ... wow ... talking about bad service ! got screwed over badly!

What do they have against me ? wow .... I didn't do **** to them !

Last edited by titaniumgrey; 09-30-2004 at 10:03 PM.
Old 09-30-2004, 10:15 PM
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Dude. You sound like you're in need of a drink, and a couple of lapdances.

While everything is still fresh in your mind, you should write a complaint letter detailing all the troubles you've had with this dealership. Proper essay format, exclude expletives.
Old 09-30-2004, 11:21 PM
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QUOTE=GiN]Dude. You sound like you're in need of a drink, and a couple of lapdances.

While everything is still fresh in your mind, you should write a complaint letter detailing all the troubles you've had with this dealership. Proper essay format, exclude expletives.[/QUOTE]


Errr. . I don't drink ,but thanks for the idea lol, anyways , errr..... man ... heres my letter, anyone want to correct it for me ? I wrote it with anger. ... so its not in proper format. And I sorta fibbed some parts about the 2 Rx-8's cause as some of you know, I crashed one recently and totalled it. Well heres my letter ... someone please correct it if you can

and sorry zoom , I said you work as a mazda tech .. you should be one tho , you know alot more than they do ! lol

Sept 30, 2004

Re: 128 Mazda service gone wrong – Need your help- please read thoroughly

Sorry for the long letter



Hello District service manager of Mazda,



My name is Nathan ---- and I own 2 2004 Rx-8’s 6 speeds; one for show and one for daily driving. As you can tell, I spent about 60 grand total on 2 Mazda’s because I love Mazda; along with this I have a Mazda MPV van. I love everything about Mazda until the second time I brought my Rx-8 to 128 Mazda. Anyways, I brought my show car in because it flooded right after my mother drove it home for me because I couldn’t pick it up myself, it flooded in the driveway. I called a tow truck and towed it to 128 Mazda because I went there before and the service was ok. Anyways, when I arrive there I asked for John because I had him as a service consultant before and he did his job ok, even though he did not listen to my questions or answer anything.



John said “Sorry you are not covered for flooding because this is the second time you brought this car in for flooding”, I thought to myself this is not right, my friends with RX-8’s (Rx-8 club and a few local RX-8sters) all have flooded atleast 3-4 times and every time it was covered under warranty, including the spark plugs which were also included in the warranty. They had the same cars as me and they got covered, how come I didn’t. Anyways, I let them do the work and I go home to do research. I find out it is covered because a friend told me that 128 always tries to screw people over for money. Anyways, I return John with a phone call and he says “Your car is highly modified, it is not covered under warranty”, funny now that he says this after I confront him with news that Flooding is covered. So something in my head strikes and this is not right because I know that the MAGNUSON MOSS WARRANTY ACT (see attached) and that I am covered since John was talking bull and was making things up (Got to prove it to void warranty on claim) , so I asked him to prove it that the intake caused the flood. He says “Oh we got an error code, the crank error one …”, immediately I recognize this and ask my fellow rx-8 club members, and luckily one works as a Mazda tech and tells me that this code comes on EVERY time the battery is taken out. And John told me this error came on right when he took out the battery and charged it and put it back in. This means this error code was not caused by my intake, but by John himself and has NOTHING to do with air fuel ratios as John stated , “ Ya , the error code is from air/fuel ratios because your intake was drawing in air and the PCM detected and made a crank error code right after we charged the batteries”.[/color]



So the error code he gave me was bull. I confronted him about this and I said it politely, but John explodes on me and says I own a highly modified car and that I am “Banned” from 128 Mazda and am not allowed to come back for service. I think to myself, who is this guy trying to kid? I am only 18 years old but I know my rights. I tell him to prove it to me that the intake caused the flood , he told me to f*ck off and that he needs to prove nothing and he will not prove anything to me and that I am not going to get my car till I pay for the service. I know that the floods are covered under warranty because all the other Rx-8’s on rx8club are covered and I do not see why John said I was not covered and then hides it and blames it on the intake. I also contacted K&N which makes my intake and I have attached a email written from one of the techs stating that none of the K&N’s they tested on Rx-8s have caused floods and they will not cause floods as stated by a K&N technician. And that the Mazda RX-8’s are prone to flood in stock form and that they are covered under warranty if they flood. [/color]

So soon after I call MNAO and get them involved, they call 128 Mazda and ask why my car isn’t covered for flooding and why are they making me pay. One of the people there that picked up, out right lied and MNAO has this on record. They said “Oh, he has his car, he picked it up yesterday and we covered his flooding under warranty”. MNAO rep tells me this and I turn furious. I tell him to call them back and ask for John because I know my car is still there and they were making me pay. John picks up and tells MNAO that he has contacted the district manager and has voided the warranty on this claim because of the intake with no proof that the intake caused the flooding. (Against the federal laws, see MAGNUSON MOSS WARRANTY ACT)



The MAGNUSON MOSS WARRANTY ACT states that in order for a warranty claim to be voided the dealership must show proof that the aftermarket part caused the failure, the consumer does not need to show proof that the aftermarket part caused the failure, but I have gone one step ahead and even asked K&N in an email and attached it. This email response states that the RX-8 K&N intake does not cause floods. This is my proof which I don’t need to file a case against 128 Mazda about the warranty claim, but I have added anyways because I do not want to hear John’s bull.[/color]



Lastly, I picked up my car because I do not trust John working on my car , but the service was already done , so I paid for it , but I will want a refund for the service done on my car that I paid for because it should be covered under warranty(I attached the receipt because this all should be covered under warranty) , along with this shortly after I popped my hood and found out that the engine cover and battery cover were missing. I think John must have taken them off and misplaced them while he was taking pictures of my intake…. These were 300 dollar each engine covers which were made out of grade A weave carbon fiber. I was very disappointed and called John back, but he was long gone.



Along with this John took pictures of my car and the intake as “proof” as he said and he said” there’s no way in hell you are going to get a warranty claim “ … obviously he does not know about the MAGNUSON MOSS WARRANTY ACT. ……. I told him that I plan to be covered under the warranty because my girlfriend’s father is a judge and can give me all the advice I need to get what is rightfully mine (because I know he told me bull) and he is ignorant because he said he does not need to prove anything to me, even though I stated the federal law states you have to.[/color]



Bottom line is, Mazda 128 lied to MNAO (about my car being picked up and free deflood service) and lied to me. They lied that Mazda does not cover floodings of the RX-8’s to many Rx-8 owners. They lied that my intake caused the flood and also lied about the crank error code. They have no proof that the intake caused the flood because all RX-8’s that flood normally, and they all usually have carbon and oil on the spark plugs (which he stated). I will even circle where they say that my car is running poorly because of “cold air filter” , which is also bull because my car runs fine and idles fine. He did nothing to prove to me that the warranty claim for flooding was voided. The MAGNUSON MOSS WARRANTY ACT says this is not right.[/color]



I do not want to make this a public issue but I have already posted this experience with the warranty problem on Rx8 club and they are not very fond of this because they are saying Mazda 128 cheated me. They know that flooding is covered because almost everyone of them flooded atleast three times and got everything covered under warranty. I even know of a person in Florida that flooded and the dealership pulled the same trick. He had the K&N intake also and they did not prove it to him. And he won the case against the dealership because they have no proof.[/color]

[[/color]

[][/color]

[][/color]

[]I also do not like the idea that he took pictures of my car without my permission. I am sure there is something against this and I would like him to give them to me. I would also like a written apology from John’s harsh behavior towards me (from John himself). Lastly I would like my money back; I have attached my receipt for this issue because I know it should have been covered under warranty even though John says it isn’t. I also would like to be “unbanned” as John said from 128 Mazda and would like my custom carbon fiber engine covers back or payment for new ones to be made ($300).[/color]

[/color]

I love Mazda as you know by my 2 Rx-8s, my MPV van and the Mazda 6 I am going to purchase for this winter as a winter car. I even represented Mazda basically at hot import nights Boston; I was placed under the Mazda flag right in front of the stage and had great pride in being the best RX-8 there. I just do not think it is right for John to call the shots and shoot me down and make up lies to try to back himself up, so he can do less work and for me to pay. I know the flooding was not caused by my intake and I know the floodings are covered by Mazda. I am just asking for my money back and an apology from John (it wasn’t your fault district service manager, I understand). Also of course my custom carbon fiber engine covers which took IPT true mold 2 months to weave and create. Please rectify this situation that John has ill fully created. If he would just listen to me and read the Magnuson Moss warranty act, none of this would have happened. I am a very happy Mazda customer with over 90 thousand plus of new Mazda car purchases and I do not want one experience to harm my thoughts about Mazda. I love the RX-8 you guys made, that is why I have bought 2. And I love your Mazdaspeed stuff, it beats the heck out of Honda or Toyota and I tell all my friends this. I really don’t want to embarrass myself and tell them a Mazda dealership ripped me off because they thought a intake caused my car to flood. So as you can see, I really want this situation resolved. This situation, I know is not your fault because you are the District Manager and people say stuff that you do not know about, but it seems like John has made you the only Viable option to turn to. They lie to MNAO and I don’t want a person in California to resolve something in Massachusetts because it just seems too distant. Only you can help me out on this one District Service Manager. Please help me out, I love Mazda and I do not want to be a Honda or Toyota lover. I also do not want to take legal action against 128 Mazda or Mazda at all because I love Mazda, but I shall if I need to because I want what is rightfully mine.[/color]

[/color]

[/color]

[/color]

Nathan W---[/color]

Mazda Enthusiast [/color]

--------[/color]

Cell: -----[/color]

House: -----[/color]

[/color]

[/color]

[/color]

PS. I do not like John’s use of “Highly modified” He makes it sound like I am some sort of street racer. I do not race at all; I have the RX-8 as a show car and which I baby. All I have is the K&N intake (does not cause flood), Magnaflow mufflers (does not cause flood) and Mazdaspeed body kit (Definitely does not cause flood). That is not highly modified at all. I have no idea where John gets the word “Highly modified”, but I am sure it is from watching too much “The Fast and The Furious”.[/color]



(I have also attached pictures of my engine cover, which disappeared when I got it back from 128 Mazda; After John took pictures of my intake.)



(sorry for the weird colors .... pasted from microsoft word and it came out like this .... weird)

What you all think ?
Old 09-30-2004, 11:34 PM
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Nobody will care to read all the stuff you wrote. I doubt this will help you much...
You should rather do what BaronVonBigmeat said. You need to state in a concise manner what happened instead of rambling - and stay with the facts.
Too many words and it's hard to follow what you are trying to say.
Old 09-30-2004, 11:37 PM
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Originally Posted by Tamas
Nobody will care to read all the stuff you wrote. I doubt this will help you much...
You should rather do what BaronVonBigmeat said. You need to state in a concise manner what happened instead of rambling - and stay with the facts.
Too many words and it's hard to follow what you are trying to say.
ok less words it is ... lol, gonna cut down on dissing john and keeping it short and sweet.
Old 09-30-2004, 11:51 PM
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Hello District Service Manager,

My name is Nathan ---- and I have a warranty claim issue with 128 Mazda. They say my car is not covered for flooding from the start and I know it is covered for flooding. (See attached TSB). Along with this, I showed them the TSB and then I am accused of having a K&N intake which caused the flood, which as he said, threw off the air fuel ratio and caused the flood. John also makes up out of the top of his head that my car flooded because of a crank error code. To my knowledge, the RX-8’s crank error code comes on only when the battery is taken out, which John admitted to do because he needed to charge the battery. This negates the fact that he has proof that the intake caused the flood because he triggered the code when he took out the battery.

I emailed K&N and they responded and said they’re K&N Rx-8 intakes do not cause flooding and that Rx-8’s flood on their own because of the rotary engine. The service tech which served me named John was very rude and would not allow me to explain myself about the Magnuson Moss Warranty Act.

I told him to please prove to me that the K&N intake caused the flood as he stated and I would happily pay and of course he did not comply. He said he does not need to prove anything and hung up. I know that the Magnuson Moss act says that any voided warranty claim must prove that the aftermarket part caused the problem. And John provided me with no resolution. I then went in to get my car out of 128 Mazda because I was scared of what they were doing to my car. They were taking pictures and taking things apart from my car.

I paid the 260 for the deflood and spark plugs and left. I know this service is covered under warranty and that John’s explanation of the K&N flooding me was pure nonsense. Also he did not provide me proof that the intake caused the flood. I am requesting a warranty claim from Mazda from you and would like to know if you can do so , because I do not want to take legal action , unless I have to.

Thank you,
Nathan -----


Better?
Old 10-01-2004, 01:01 AM
  #59  
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john sounds like a gimp, thats detailed good luck
Old 10-01-2004, 03:00 AM
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Originally Posted by titaniumgrey
Better?
MUCH better.

Make sure you mention the engine cover in case they somehow "can't find it".
Old 10-01-2004, 07:38 AM
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Thanks Tamas and Santoz ,
I'll be droping off the letter today 8)
Old 10-01-2004, 01:15 PM
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the second one is much better but do not forget to mention the ipt covers if you do not have them back yet.
Old 10-01-2004, 05:33 PM
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Originally Posted by zoom44
the second one is much better but do not forget to mention the ipt covers if you do not have them back yet.
Got em back , he put em in my trunk .... I thought my car was supposed to come back the way I brought it in
Old 10-01-2004, 06:41 PM
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Anyone have names of the dealership that you brought your car into when you got flooded and they fixed it under warranty the second or more times ? the district manager is being a bitch and asking me for names of these dealerships , because he has no idea if its covered or not ... he thinks its only covered the first time ..... anyone got info and can help me out ?
Old 10-01-2004, 06:54 PM
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i told you before to read this thread get a copy from megareds
Old 10-01-2004, 07:14 PM
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thanks again zoom, but I already tried a PM , and no response so far. I sent another one right now, maybe the other one didn't go through. Weird , 128 Mazda's service rep wants me to call him tomorrow lol. Gonna be fun.
Old 10-01-2004, 07:40 PM
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well he was on line a couple of days ago. he may just be out for a few days.
Old 10-01-2004, 10:55 PM
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:o
Old 10-02-2004, 10:04 AM
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Originally Posted by zoom44
well he was on line a couple of days ago. he may just be out for a few days.
thanks zoom, he responded, pretty weird. ... I think the service manager is angry at me. Not the disctrict one , but the one from 128 Mazda ..... lol. Funny stuff. he called me and left me a not so happy voice mail, and told me to call him back immediately .... I don't think I have to talk to him ,... I'll just talk to the disctrict service manager lol.

Thanks for everyone's help , and thanks for megareds , man , I don't know what I'd do without this forum .. dealership would be scamming everyone .... they said they almost NEVER cover anyone under warranty when the car floods , only the first time ... and I've seen 3 rx-8s flood at that place in for service..... I think they are making some money off of this.


Oh ya , and for those who want to know... I flooded with M flash! , yep , seems rare on this forum ....
Old 10-03-2004, 01:23 AM
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Sorry to be away for so long... I stopped reading "flooding" threads a while back after deciding my mental health required it. Nate and I have exchanged a few emails, but I wasn't on top of what has been going on until tonight after reading the posts. Nice to see RotaryGod is still posting thoughtful advice... but those of us with automatic transmissions can't "pop the clutch," so we're stuck with the tow and wait option.

Unfortunately, I was unable to locate the letter Mazda sent me, but I'm going to try to dig it up. I don't think they are bound by the letter to service Nate's car, but it may help a bit. Still, I'm a little disappointed. Because they responded so well to my complaint, I had hoped that the question of who should pay for a flood repair was well behind us.

My experience pretty much confirms that the dealerships will always take cash from customers than accept warranty reimbursements from Mazda. Mazda must not pay as well as the dealerships can otherwise charge. As for modified cars, the dealerships obviously hate them because, truth is, they have a hard enough time fixing the ones that aren't modified. Being 18 years old isn't helping Nate, either. Finally, many of the service people can't afford one RX-8, let alone two, so that's cutting against him as well.

I've given Nate my VIN # and he can ask Mazda to pull up the letter they sent me saying that flooding is covered under the basic warranty, no matter how many times it occurs, for 4 yrs/50,000 miles. Hopefully, that will be the base line and the issue can then turn to whether the modification Nate did voids his flooding coverage. I am not a consumer law expert, but I think he has the law right on the Mag-Moss Warranty Act: Mazda NA has to show that he has done something that has caused the car to fail, not the other way around. His letter from K&N saying that their product isn't to blame should carry the day over the dealership's speculation as to what caused the problem. I'll ignore Maurice's potential involvement in all of this. Since the dealership is blaming K&N, that's the question.

My advise, Nate, is just be as polite as possible and insist in writing to Mazda NA that they cover the repair. If they don't cover the repair, I don't know what real-world recourse you have other than not going back to 128 -- and I think forum members should do what we can to let Mazda know that when an RX-8 floods we expect our dealerships to say as sweetly as possible, "We're sorry for your trouble; how can we help?"

Last edited by MEGAREDS; 10-08-2004 at 09:28 PM.
Old 10-03-2004, 08:39 AM
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thanks for the help megareds, you've been a great help. Along with everyone on this forum , I think I would have just bent over and spent the money if I didn't have you guys.
Thanks a million.


Originally Posted by MEGAREDS
Sorry to be away for so long... I stopped reading "flooding" threads a while back after deciding my mental health required it. Nate and I have exchanged a few emails, but I wasn't on top of what has been going on until tonight after reading the posts. Nice to see RotaryGod is still posting thoughtful advice... but those of us with automatic transmissions can't "pop the clutch," so we're stuck with the tow and wait option.

Unfortunately, I was unable to locate the letter Mazda sent me, but I'm going to try to dig it up. I don't think they are bound by the letter to service Nate's car, but it may help a bit. Still, I'm a little disappointed. Because they responded so well to my complaint, I had hoped that the question of who should pay for a flood repairs was well behind us.

My experience pretty much confirms that the dealerships will always take cash from customers than accept warranty reimbursements from Mazda. Mazda must not pay as well as the dealerships can otherwise charge. As for modified cars, the dealerships obviously hate them because, truth is, they have a hard enough time fixing the ones that aren't modified. Being 18 years old isn't helping Nate, either. Finally, many of the service people can't afford one RX-8, let alone two, so that's cutting against him as well.

I've given Nate my VIN # and he can ask Mazda to pull up the letter they sent me saying that flooding is covered under the basic warranty, no matter how many times it occurs, for 4 yrs/50,000 miles. Hopefully, that will be the base line and the issue can then turn to whether the modification Nate did voids his flooding coverage. I am not a consumer law expert, but I think he has the law right on the Mag-Moss Warranty Act: Mazda NA has to show that he has done something that has caused the car to fail, not the other way around. His letter from K&N saying that their product isn't to blame should carry the day over the dealership's speculation as to what caused the problem. I'll ignore Maurice's potential involvement in all of this. Since the dealership is blaming K&N, that's the question.

My advise, Nate, is just be as polite as possible and insist in writing to Mazda NA that they cover the repair. If they don't cover the repair, I don't know what real-world recourse you have other than not going back to 128 -- and I think forum members should do what we can to let Mazda know that when an RX-8 floods we expect our dealerships to say as sweetly as possible, "We're sorry for your trouble; how can we help?"
Old 10-03-2004, 11:19 AM
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if **** doesn't work, report their *** to the BBB. Why is this with mazda tho? when i had my 03 accord, honda replaced a tire and brand new pair of pads as stated that the reason was "good faith." My right rear tire blew after only 6000 miles and when i had the tire checked, the guys said that i put either too much or not enough tire pressure in the car. and i asked him, what the **** dude? i put in three tires the right amount and **** up the other one?he also told me that they NEVER replace it.buncg if bullshit, i wish we had service people like tommy at rosenthal's.
Old 10-03-2004, 11:39 AM
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Megareds, in case you find the letter, I think it would be a good thing to scan it (eventually white-out your name and VIN if you want to) and post the image on this forum so that others can readily download it for similar occasions.
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