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View Full Version : New rear end "legal" issue? Looking for some opinions



YankeeMarauder
01-14-2011, 10:50 AM
Back in august I bought my 2003 300A Marauder with like 48K on the clock. Shortly after, I realized it had a the dreaded weak rear axle on the passenger side. I was fresh, and went on a shops recommendation of a good rear end shop. It has since been a nightmare. I had the two rear axles replaced and upgraded to 4.10 gears. Here is my letter to my CC company since I am contesting all or part of the charges:

"I was billed for service from (merchant) on 10/14/2010. The work to be performed was diagnose a noise coming from the rear of the car. When I dropped my 2003 Mercury Marauder off on 10/5/2010, no one could find the "light wheel" service manager. So I waited for almost 30 minutes. Finally I told one of the men at the sales counter I had to get back to work. He took my keys, gave me a business card for (service mgr) and told me he would be in contact with me.
All day long I heard nothing from (service mgr). Finally, shortly after 5pm , I called and left a voice mail to check the status. I heard back from (service mgr) the next day stating he had the vehicle in the shop, would diagnose the issue and get back to me. 3 days went by and I never heard a word. Finally, again frustrated, I called again. Still was not able to get ahold of (service mgr). I informed the folks I wasn't going to wait anymore and I wanted to pick up my vehicle and take it somewhere else. They said they would have to get back with me because they had the entire rear axle housing out of my car. I explained that I had not authorized that and they said wait for (service mgr) call.
Later that day, (service mgr) called. I asked why he pulled the rear from my car when I didn't authorize it. He stated that I wanted the noise diagnosed and that was what they had to do diagnose it. I disagreed and told him I wanted the car. He told me there was fee to pull and diagnose and clean the rear which was, I believe, either $200 or $400. Feeling like I was going to have to throw even more money at the car, even though I did not authorize the dropping of the rear or agree to the fee, I asked how much to fix it. (service mgr) gave me 3 prices. One if he had to replace no axles, only seals, another if he had to replace one axle and finally one if he had to replace both axles. Of course, the vehicle needed both axles. I also explained that I wanted to upgrade from a stock 3.55 gear ratio to a 4.10 gear ratio and I only wanted to use OEM Ford parts. He assured me that the rear axles would be Ford parts he purchased from a third party (parts house), the ring and pinion set would be either Ford or Ford motorsports and the the seals would be Timken.
When I picked the car up the following week, we went for a ride in the car. (service mgr) explained that there was a noise coming from the rear that he couldn't locate but it couldn't be from any of the work they performed since they rebuilt the entire rear end. (service mgr)showed me the damage as I had requested the old parts. I paid my bill and left.
Upon returning home, I noticed that the parts he used were not Ford and Timken as he stated and I had requested, but rather a lesser, generic line. I specifically asked for Ford parts since that was my preference. I did not address this with (service mgr) since I was trying to be optimistic that the parts were not inferior. My son Chris and I used some material to put under the rear seat to act as a 'sound deadener" to sort of quiet the noise.
In the coming weeks, I had noticed spots if what smelled and appeared to be differential fluid in the driveway,but discounted it since my 19 year old drove a 1998 F 150 with 175,000 miles on it and would expect it. However, on Saturday, 12/11/2010, my son noticed a large spot of fluid where my car was parked. We inspected the underside of my car and found that the seal was leaking on the passenger side rear. I notified Citi at that point.
We dropped the vehicle back off at (merchant) on Monday, 12/13/2010. They replaced the rear seal explaining that "it happens sometimes". Well, now it looks like its doing it again. I have not taken it back, and quite frankly I don't want them touching my car anymore. Bottom line is they did not use the parts I requested and was promised, and in fact used inferior parts, and the level of service they performed was poor at best. Although they performed the work requested. I am currently having and feel I will continue to have an issue with the rear of this car. When you spend $1500 on auto repairs you want it done right the way you were promised, not with a poor level of service.

If need be, I can scan and E mail a copy of the invoice. I beleive it is in my filing cabinet at home. That is the only documentation I have. I can also take pictures of the boxes my parts were returned in. None are Ford, and the one box that says "Timken" on it is a product MARKETED not MANUFACTURED by Timken. My number is at the bottom of the e mail should you need to call. Just left me know."

I know thats alot of BS to read and go through, but better too much info rather than not enough. I believe the rear seal is leaking on the passenger side again. I guess I am looking for any suggestions on what I can or should do? $1500 to rebuild a rear and upgrade te gears is costly enough, without taking into the fact that I am having and will continue to have issues. And its not like I am hard on the car, I just like having the power. I dont do burn outs, or hammer her at every light, Im just and old guy driving a fast car slow.

Any suggetsions?

And I apologize if this is in the wrong area of the site

RF Overlord
01-14-2011, 02:58 PM
They took the entire rear axle housing out of the car to diagnose a noise? :eek: Madre de Dios...

So to sum up, you brought the car to them for a rear-end noise, paid them $1500, and now you have a car with a rear-end noise and an axle seal leak?

Honestly, if you're reasonably mechanically inclined you can do this work yourself. You can borrow the special tools from AutoZone (or almost any other major chain) to pull and replace the bearing and/or seal, and only common hand tools are needed for the rest of it.

Of course, I think they should be on the hook for this fiasco, but if you don't trust them to correct their screw-up, you either have to find someone else and pay them all over again, or cut your losses and DIY.

ntd
01-14-2011, 04:45 PM
WOW they took the housing out of the car to diagnoses a noise:confused:. They really screwed you over, I would not let them touch the car again demand a refund if they refuse you can take them to court or cut you losses

As far as the noise I would guess they incorrectly set the pinion depth or backlash. I would replace the differential bearings/cups and the gear set as incorrectly set up gear will not wear properly and even if you set them up correctly now they may still make noise.

The leak one of two things happened they nicked the seal installing the axle or the axle bearing is toasted. I would replace the bearing and seal as the bearing can wear and allow the axle to walk that's wipes out the seal.

If you wear closer to me I rebuild your rear axle for you If you need any help let me know:beer:

SpartaPerformance
01-14-2011, 07:44 PM
I don't know about Texas but in NY small claims court 95% of time favors the consumer. It would help if you had it in writing that you requested Ford parts but it small claims court costs money too. Like NTD said axle seal is a basic service replacement, it can be done by a novice.

justbob
01-14-2011, 11:08 PM
Sounds to me that they did not replace the outer axle bearings.

$1,500.00??? God I need to raise my rates..

Sorry you are having such a frustration over such a basic thing.

martyo
01-15-2011, 01:57 AM
Use small claims court.

Generally you need to file in the county where the claim arises (and where the business is located),

Get your documentation/notes organized before you go.

Generally a business can not appear in court without an attorney, so they are already lookiung at an expense to defend (good for you because that may motivate them to settle with you after the lawsuit but before you have to go to court).

Keep in mind, if they do go to court, they are likely to bring a witness (mechanic) who may be more convincing than you.

Let me know if you have any questions.

jstevens
01-15-2011, 05:55 AM
Also, don't be afraid to use social media such as facebook should these other avenues not prove fruitful.

fesifisky
01-15-2011, 01:14 PM
I agree with jstevens. Tell your story to Jalopnik.com, they've seemed to have helped more than a couple people with similar stories.

YankeeMarauder
01-17-2011, 08:05 AM
Ok, Thanks to all. Seems small claims court is what most think is best. I was hoping that there was something on the CC dispute side of things I could do, but it sounds like thats not an option and the cherge will go through.

Another question:

How much should a complete rear end rebuild with a gear upgrade from 3.55 to 4.10 cost?

fastblackmerc
01-17-2011, 08:25 AM
Ok, Thanks to all. Seems small claims court is what most think is best. I was hoping that there was something on the CC dispute side of things I could do, but it sounds like thats not an option and the cherge will go through.

Another question:

How much should a complete rear end rebuild with a gear upgrade from 3.55 to 4.10 cost?

$500.00 to $600.00 parts & labor

SID210SA
01-17-2011, 08:34 AM
Use small claims court.

Generally you need to file in the county where the claim arises (and where the business is located),

Get your documentation/notes organized before you go.

Generally a business can not appear in court without an attorney, so they are already lookiung at an expense to defend (good for you because that may motivate them to settle with you after the lawsuit but before you have to go to court).

Keep in mind, if they do go to court, they are likely to bring a witness (mechanic) who may be more convincing than you.

Let me know if you have any questions.

+1....get in touch with MartyO if you have any questions....

05crownsport
01-17-2011, 08:34 AM
I had my rear rebuilt in my 86 gt mustang last year for around 200 in labor. I bought the kit from Ford and removed the axle and took it to him. Same price in the car, I needed to do control arms and brake lines too. Just as easy to pull whole rear out. There is more involved than I had tools for, like shimming, bearing presses, and measuring backlash to ensure no noise. Find a shop that does set up rears regularly. Trust only people that are willing to let you watch them work. I found that good mechanics have nothing to hide. They are confident in their abilities and are not afraid to let you see them do good work. I may be a liitle retentive about leaving my vehicles more than most, but I wont use a shop that is not willing to allow me to hang out and watch if I want.

YankeeMarauder
01-17-2011, 09:20 AM
Again, a million thanks guys.

Dragcity
01-17-2011, 09:39 PM
If you are going to do the court route... DO NOT post anything on Facebook or any other public
forum. Word to the wise........

justbob
01-18-2011, 08:55 PM
In my garage rates are higher if you hang out and thru the roof if you "help"... Unless you are from here :)

tbone
01-19-2011, 07:27 AM
Ok, Thanks to all. Seems small claims court is what most think is best. I was hoping that there was something on the CC dispute side of things I could do, but it sounds like thats not an option and the cherge will go through.

Another question:

How much should a complete rear end rebuild with a gear upgrade from 3.55 to 4.10 cost?


BuyFordRacing.com
4.10 gears
$139 shipped
RoushYates
8.8" R & P Install Kit
$46.51 shipped
Buss Ford
Bearings, cups, cone, labor
$363
75w140 Synthetic oil
$38
Total investment
$586.51

Go to a Ford dealer and rest assured the work will be done right. I LOVE my 4.10's and they don't make a sound.

fastblackmerc
01-19-2011, 11:18 AM
BuyFordRacing.com
4.10 gears
$139 shipped
RoushYates
8.8" R & P Install Kit
$46.51 shipped
Buss Ford
Bearings, cups, cone, labor
$363
75w140 Synthetic oil
$38
Total investment
$586.51

Go to a Ford dealer and rest assured the work will be done right. I LOVE my 4.10's and they don't make a sound.

Personally I'd take mine to a good independent shop... get references.... check the mustang forms for someone local. Anyone that can work on a Mustang 8.8 rear can do the Marauder's rear.

tbone
01-19-2011, 01:20 PM
Personally I'd take mine to a good independent shop... get references.... check the mustang forms for someone local. Anyone that can work on a Mustang 8.8 rear can do the Marauder's rear.

Well, he got burned by his shop. My Ford dealership was fair and I knew I could take it back with Ford standing behind the work. Certainly if a shop specializes in this kind of work, then you should be ok. But there is still a chance that if something goes wrong, you have no other alternative but to argue with them and them alone.

YankeeMarauder
01-20-2011, 09:00 AM
Well, he got burned by his shop. My Ford dealership was fair and I knew I could take it back with Ford standing behind the work. Certainly if a shop specializes in this kind of work, then you should be ok. But there is still a chance that if something goes wrong, you have no other alternative but to argue with them and them alone.

Actually, FastBlackMerc is correct. I prefer taking my car to independent shops rather than the dealership. And I got burned because I didnt do my homework. I had a new car, had what I considered to be a very serious issue and really sort of went about things in haste because I was frustrated and wanted it back. I kept looking at things like "well even if I pick it up as is, I am on the hook for a signifigant loss." I went to this shop on recommendation, they were not my regular shop. I dont have a regular shop right now.

But you are correct also. With a dealership, in MOST instances, you have a pretty good shot at getting the work done and done right the first time. And if not you may have a better way of getting it corrected. (Not that a reputable independent wont do the same) Dealership prices just scare me. Guess I was just raised to go to the dealer as a last resort or when the situation actually demands it. This independent I went to specialized in gear and axle repair and replacement. My problem is, I STILL have not found an independent shop I can feel safe dropping my car off with after almost 4 years, for small or large jobs.

tbone
01-20-2011, 10:24 AM
Quote: But you are correct also. With a dealership, in MOST instances, you have a pretty good shot at getting the work done and done right the first time. And if not you may have a better way of getting it corrected. (Not that a reputable independent wont do the same) Dealership prices just scare me. Guess I was just raised to go to the dealer as a last resort or when the situation actually demands it. This independent I went to specialized in gear and axle repair and replacement. My problem is, I STILL have not found an independent shop I can feel safe dropping my car off with after almost 4 years, for small or large jobs.[/QUOTE]



Dealer prices scare me too. I had this negotiated before the car was brought in. Certainly there are times when an independent shop is the right choice. For a gear swap however, I'd stick with Ford.

YankeeMarauder
01-21-2011, 11:20 AM
Noise came back in the passenger side rear this morning. Its slight at this point, but its there.

Dropping off at Grapevine Ford in the morning...

:(

prchrman
01-21-2011, 12:24 PM
I got my gears, axles and bearings change at 66K at a Ford dealership and now at 97K they are making the dreaded bearing noise. Having 4.10s put in and will fix then. Ford should have replaced all these at no $ to victims, like me. Kinda like the paint deal they never helped me with. On the rear end I did however get by with paying only $200 with the manager doing some kinda a shinanagrins.