Dispute Settlement Board
#1
02-13-2005, 05:40 PM
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Dispute Settlement Board
Questions for those who have been through it...
I was notified that the DSB has agreed to replace my vehicle. They have a formula for the mileage, but I don't understand the replacement process. I only want to break even, but the documentation says you don't get rebates or discounts on the new vehicle. Do I have to haggle on the price of the replacement vehicle? I can't stand dealing with sales people...
Thanks,
Joe
I was notified that the DSB has agreed to replace my vehicle. They have a formula for the mileage, but I don't understand the replacement process. I only want to break even, but the documentation says you don't get rebates or discounts on the new vehicle. Do I have to haggle on the price of the replacement vehicle? I can't stand dealing with sales people...
Thanks,
Joe
#2
02-13-2005, 06:12 PM
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Questions for those who have been through it...
I was notified that the DSB has agreed to replace my vehicle. They have a formula for the mileage, but I don't understand the replacement process. I only want to break even, but the documentation says you don't get rebates or discounts on the new vehicle. Do I have to haggle on the price of the replacement vehicle? I can't stand dealing with sales people...
The key word here is "replacement." The cost to you should work out to value of replacement vehicle (MSRP) less new value of vehicle being replaced (MSRP) plus depreciation/wear tear factor (the mileage formula). This is the part of the deal where you can stop stressing and let them (Ford, I assume) do the work. It's their party now, so they'll find you a replacement, tell their dealer what they're willing to do and pay (you think the dealer's gonna tell 'em no?). They'll also either generate the paperwork, or tell the dealer specifically how to structure it. This isn't a typical retail deal- whatever lucky dealer has your replacement in stock is just going to have it sucked out of their inventory and get paid a nominal fee for processing the paperwork.
All you do at this point is wait for them to contact you, tell them what you want for the replacement, and they'll find it, then let you know where and when to show up for paperwork and finalization. I've handled more than a few of these over the years at a dealer level in the last few decades.
I was notified that the DSB has agreed to replace my vehicle. They have a formula for the mileage, but I don't understand the replacement process. I only want to break even, but the documentation says you don't get rebates or discounts on the new vehicle. Do I have to haggle on the price of the replacement vehicle? I can't stand dealing with sales people...
The key word here is "replacement." The cost to you should work out to value of replacement vehicle (MSRP) less new value of vehicle being replaced (MSRP) plus depreciation/wear tear factor (the mileage formula). This is the part of the deal where you can stop stressing and let them (Ford, I assume) do the work. It's their party now, so they'll find you a replacement, tell their dealer what they're willing to do and pay (you think the dealer's gonna tell 'em no?). They'll also either generate the paperwork, or tell the dealer specifically how to structure it. This isn't a typical retail deal- whatever lucky dealer has your replacement in stock is just going to have it sucked out of their inventory and get paid a nominal fee for processing the paperwork.
All you do at this point is wait for them to contact you, tell them what you want for the replacement, and they'll find it, then let you know where and when to show up for paperwork and finalization. I've handled more than a few of these over the years at a dealer level in the last few decades.
Last edited by polarbear; 02-13-2005 at 06:15 PM.
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02-13-2005, 06:44 PM
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Questions for those who have been through it...
I had a bad 2003 expy. The regional rep handled all the paperword for me so I didn't go through the DSB. The paperwork Ford send me explained everything. I was able to get a MSRP to MSRP replacement even though the replacement is a 2005. They even credited me with a remote starter and the DVD system. There was no charge for the 17K miles I had on the truck. I even went through a different dealership. 
#5
02-13-2005, 09:57 PM
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What about the financing? Do I maintain my current loan or do I have to get a new loan with new interest rates?
Just what you didn't want to hear: "depends."
1. collateral substitution: this works if the amount to be financed is exactly the same as the payoff on the vehicle to be replaced. This can usually be handled with a letter, substituting VIN's. This is desireable when the customer is "upside down" or the vehicle is leased.
2. New loan, same lender (FMCC, GMAC). Because the manufacturers involved, a quick 5-line credit app and a speedy approval.
3. outside lender: there's the "depends." Each one will handle this on an individual basis.
Just what you didn't want to hear: "depends."
1. collateral substitution: this works if the amount to be financed is exactly the same as the payoff on the vehicle to be replaced. This can usually be handled with a letter, substituting VIN's. This is desireable when the customer is "upside down" or the vehicle is leased.
2. New loan, same lender (FMCC, GMAC). Because the manufacturers involved, a quick 5-line credit app and a speedy approval.
3. outside lender: there's the "depends." Each one will handle this on an individual basis.
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02-14-2005, 06:25 PM
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02-14-2005, 08:20 PM
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02-16-2005, 08:51 PM
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02-17-2005, 12:31 AM
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02-17-2005, 08:54 PM
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02-17-2005, 09:23 PM
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Florida Lemon Law has a clause of 3 times for the same problem and/or 15 days in the shop and vehicle less than 24 months old.
If you sent a letter to the dispute settlement board, they usually take 10 days to review your documentation and request. If they think it meets the requirements, they send you a case number. The Board then collects information from you and the dealer. You will then be notified of a meeting and asked if you want to attend in person or via conference call. Within 10 days of that meeting you get a letter of their decision.
Joe
From myflorida com
How The Florida Lemon Law Works
The Lemon Law covers defects or conditions that substantially impair the use, value or safety of the new or demonstrator vehicle (these are called "nonconformities"). These defects must be first reported to the manufacturer or it authorized service agent (usually, this is the dealer) during the "Lemon Law Rights Period," which is the first 24 months after the date of delivery of the motor vehicle to the consumer. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent. DO NOT DELAY in reporting a problem as this may cost valuable time and protection.
Consumers should KEEP RECORDS of all repairs and maintenance. A written repair order should be obtained from the service agent (dealer) for each examination or repair under the warranty. The consumer should note the date the vehicle was taken in for repair and date he or she was notified that work was completed. Odometer mileage when the vehicle was taken to the shop and when it was picked up after repair should also be noted. Consumers should keep all receipts or invoices for payment of expenses related to the purchase/lease of the vehicle and to any repair.
If the vehicle has been back to the service agent for repair of the same recurring problem at least three times, the consumer gives written notification by certified, registered or express mail, to the manufacturer (not the dealer) to afford a final opportunity to repair the vehicle. Check the warranty book or owner’s manual or other written manufacturer supplement for the address given by the manufacturer. A Motor Vehicle Defect Notification form may used for this purpose. Upon receipt of the notification, the manufacturer has 10 days to direct the consumer to a reasonably accessible repair facility, and then up to 10 days from delivery of the vehicle to fix it.
If the vehicle is in and out of the authorized repair shop for repair of one or more different problems for 15 or more cumulative days, the consumer gives written notification of this fact to the manufacturer (not the dealer), by certified, registered or express mail. Check the warranty book or owner’s manual or other written manufacturer supplement for the address given by the manufacturer. A Motor Vehicle Defect Notification form may used for this purpose. After the manufacturer’s receipt of the notification, the manufacturer or its authorized service agent must have at least one opportunity to inspect or repair the vehicle. The consumer may be eligible for a purchase price refund or a replacement vehicle if the vehicle is out of service for repair for a cumulative total of 30 or more days.
If the manufacturer does not provide a refund or a replacement vehicle, consumers may invoke their rights through one or two arbitration programs. The dispute must be submitted for arbitration to a manufacturer sponsored program, if that program was certified by the State of Florida when the consumer purchase or leased the vehicle and the manufacturer's warranty or other written material explained how and where to file a claim with a state-certified program.
to find out if a manufacturer has a state-certified program, Consumers in Florida may call the Lemon Law Hotline (1-800-321-5366), consumers out of state may call (850) 488-2221. "State-certified" means the manufacturer’s program meets certain state and federal requirements; it does not mean that the program is administered or sponsored by the State of Florida.
If a manufacturer has no state-certified program, or if the manufacturer has a state-certified program, but the program fails to make a decision in 40 days, or the consumer is not satisfied with the state-certified program's decision, the dispute must be submitted to the Florida New Motor Vehicle Arbitration Board, which is administered by the Office of the Attorney General. The consumer initiates the process by contacting the Lemon Law Hotline (1-800-321-5366; 1-850-488-2221) to obtain a Request for Arbitration form. The form is submitted for eligibility screening to the Department of Agriculture and Consumer Services, Division of Consumer Services.
Once a case is approved for arbitration before the Florida New Motor Vehicle Arbitration Board, a hearing will be scheduled within 40 days. A panel of three arbitrators hears the case at a location that is reasonably convenient for the consumer. Hearings are held during normal working hours and are conducted in accordance with Florida's Open Meetings Law. Arbitration hearings are conducted in English. Consumers who do not speak or understand English must bring an interpreter to the hearing, at the consumer’s expense. The interpreter should be fluent in both languages, since the hearing may contain very technical evidence that must be translated precisely. At the hearing's conclusion, the board renders an oral decision which is subsequently reduced to writing and mailed to the consumer and the manufacturer.
If the board determines the vehicle is a "lemon," the consumer is awarded either a replacement vehicle or a refund (the Consumer may choose whether they want a refund instead of a replacement vehicle), including costs incurred in connection with the acquisition of the vehicle (collateral charges) and costs directly caused by the substantial defect which resulted in the award (incidental charges). The consumer is charged an offset for the use of the vehicle. The offset is calculated according to a statutory formula based on the mileage attributable to the consumer as of the date of settlement or an arbitration hearing, whichever occurs first. The case is dismissed if the board rules in favor of the manufacturer. Decisions of the board are final unless an appeal is filed with the circuit court within 30 days. If the award is not appealed, the manufacturer must comply within 40 days of receipt of the written decision.
If you sent a letter to the dispute settlement board, they usually take 10 days to review your documentation and request. If they think it meets the requirements, they send you a case number. The Board then collects information from you and the dealer. You will then be notified of a meeting and asked if you want to attend in person or via conference call. Within 10 days of that meeting you get a letter of their decision.
Joe
From myflorida com
How The Florida Lemon Law Works
The Lemon Law covers defects or conditions that substantially impair the use, value or safety of the new or demonstrator vehicle (these are called "nonconformities"). These defects must be first reported to the manufacturer or it authorized service agent (usually, this is the dealer) during the "Lemon Law Rights Period," which is the first 24 months after the date of delivery of the motor vehicle to the consumer. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent. DO NOT DELAY in reporting a problem as this may cost valuable time and protection.
Consumers should KEEP RECORDS of all repairs and maintenance. A written repair order should be obtained from the service agent (dealer) for each examination or repair under the warranty. The consumer should note the date the vehicle was taken in for repair and date he or she was notified that work was completed. Odometer mileage when the vehicle was taken to the shop and when it was picked up after repair should also be noted. Consumers should keep all receipts or invoices for payment of expenses related to the purchase/lease of the vehicle and to any repair.
If the vehicle has been back to the service agent for repair of the same recurring problem at least three times, the consumer gives written notification by certified, registered or express mail, to the manufacturer (not the dealer) to afford a final opportunity to repair the vehicle. Check the warranty book or owner’s manual or other written manufacturer supplement for the address given by the manufacturer. A Motor Vehicle Defect Notification form may used for this purpose. Upon receipt of the notification, the manufacturer has 10 days to direct the consumer to a reasonably accessible repair facility, and then up to 10 days from delivery of the vehicle to fix it.
If the vehicle is in and out of the authorized repair shop for repair of one or more different problems for 15 or more cumulative days, the consumer gives written notification of this fact to the manufacturer (not the dealer), by certified, registered or express mail. Check the warranty book or owner’s manual or other written manufacturer supplement for the address given by the manufacturer. A Motor Vehicle Defect Notification form may used for this purpose. After the manufacturer’s receipt of the notification, the manufacturer or its authorized service agent must have at least one opportunity to inspect or repair the vehicle. The consumer may be eligible for a purchase price refund or a replacement vehicle if the vehicle is out of service for repair for a cumulative total of 30 or more days.
If the manufacturer does not provide a refund or a replacement vehicle, consumers may invoke their rights through one or two arbitration programs. The dispute must be submitted for arbitration to a manufacturer sponsored program, if that program was certified by the State of Florida when the consumer purchase or leased the vehicle and the manufacturer's warranty or other written material explained how and where to file a claim with a state-certified program.
to find out if a manufacturer has a state-certified program, Consumers in Florida may call the Lemon Law Hotline (1-800-321-5366), consumers out of state may call (850) 488-2221. "State-certified" means the manufacturer’s program meets certain state and federal requirements; it does not mean that the program is administered or sponsored by the State of Florida.
If a manufacturer has no state-certified program, or if the manufacturer has a state-certified program, but the program fails to make a decision in 40 days, or the consumer is not satisfied with the state-certified program's decision, the dispute must be submitted to the Florida New Motor Vehicle Arbitration Board, which is administered by the Office of the Attorney General. The consumer initiates the process by contacting the Lemon Law Hotline (1-800-321-5366; 1-850-488-2221) to obtain a Request for Arbitration form. The form is submitted for eligibility screening to the Department of Agriculture and Consumer Services, Division of Consumer Services.
Once a case is approved for arbitration before the Florida New Motor Vehicle Arbitration Board, a hearing will be scheduled within 40 days. A panel of three arbitrators hears the case at a location that is reasonably convenient for the consumer. Hearings are held during normal working hours and are conducted in accordance with Florida's Open Meetings Law. Arbitration hearings are conducted in English. Consumers who do not speak or understand English must bring an interpreter to the hearing, at the consumer’s expense. The interpreter should be fluent in both languages, since the hearing may contain very technical evidence that must be translated precisely. At the hearing's conclusion, the board renders an oral decision which is subsequently reduced to writing and mailed to the consumer and the manufacturer.
If the board determines the vehicle is a "lemon," the consumer is awarded either a replacement vehicle or a refund (the Consumer may choose whether they want a refund instead of a replacement vehicle), including costs incurred in connection with the acquisition of the vehicle (collateral charges) and costs directly caused by the substantial defect which resulted in the award (incidental charges). The consumer is charged an offset for the use of the vehicle. The offset is calculated according to a statutory formula based on the mileage attributable to the consumer as of the date of settlement or an arbitration hearing, whichever occurs first. The case is dismissed if the board rules in favor of the manufacturer. Decisions of the board are final unless an appeal is filed with the circuit court within 30 days. If the award is not appealed, the manufacturer must comply within 40 days of receipt of the written decision.
Last edited by n4ziq; 02-17-2005 at 09:32 PM.
#14
02-17-2005, 09:51 PM
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Right Mike- I understand that...but have you spoken to dealership service manager/factory service rep? Sometimes letting them know (particularily the service rep) that you plan on using the lemon law can speed the process up. The letter's fine, but I'd follow up with a phone call and let him/her know you plan on moving the process forward...unless they'd like to take the short form and do an adjustment. Did you cmrr the letter (certified, receipt return?).
#15
02-18-2005, 07:25 AM