CC: FTC Consumer Complaints
Apopka, Florida, 32703
June 27, 2007
To Whom It May Concern
David Maus Toyota
1160 Rinehart Road Sanford
On February 20th 2006, I purchased a 2003 Toyota Matrix vin# from your used car department from your Longwood dealership on 17-92. This transaction included a trade in of a 1995 Saturn and a cash transaction totaling $13,189.32
After considerable searching and deliberation, my wife (Renee) and I arrived at a purchasing decision for this vehicle. We believed based on the NADA used car value and the implied warranty provided by your dealership that this was a fair price. My decision was also based on what I believed and was verbally confirmed by the sales department that this was a Certified Used Vehicle and the fact that I was purchasing it from a reputable dealership. There is a Toyota Certified Used Vehicle Sticker in the lower corner of the passenger-side front windshield. I had researched your certified used program and felt confidant that this vehicle was represented by that warranty. In truth, the vehicle was not a Certified Used Vehicle as represented by your dealership. The vehicle was sold to a prior owner under the Certified Program. The warranty in a bait and switch was not the National Certified Used Car Warranty but your Peace of Mind limited warranty.
I believe that your dealership misrepresented the vehicle during the purchase.
In addition to this misrepresentation of an implied warranty, I want to point out the poor customer service we received upon the actual delivery of the vehicle. We came in to your dealership with a check for the full amount but were informed we need to pay an additional amount due to an oversight by your sales staff regarding the transfer of title. At that time I was so distressed by your oversight, I was ready to cancel the deal. With hindsight, I wish I had. I settled for a free oil change instead.
On June 16, 2007, I had the vehicle towed to your Sanford dealership to have it diagnosed and repaired after experiencing a sudden loss of power and a loud grinding noise coming from the transmission the day before. After your service department received the vehicle, it was placed under the care of Samantha Ozgen.
Although the cause of the failure was not determined the ultimate diagnosis by your service department was that the clutch was grenaded.
I asked Samantha to find out how much it was going cost to fix and what my warranty was going to cover. It took almost an entire working day (over 6 hours) and 7 phone calls to various departments and to the warranty company Fidelty to determine just what my warranty coverage was. For some time I was operating under the assumption that the transaction for the vehicle was never recorded by Fidelity, an oversight by your sales department (again). Samantha asked Ryan Smith to help her and eventually the records were pulled and it was determined that I had your limited Peace of Mind warranty and not in fact the Toyota Certified Used Vehicle Warranty.
Refer to your service department invoice #773171 for the comprehensive list of the repairs preformed. I had to invest a quarter of the vehicle's current value in a single service call in order to get it back on the road.
The repairs included replacing a faulty oxygen sensor. Which after the vehicle's clutch assembly was replaced failed during the test drive. A problem that was not evident when the vehicle was originally brought to your service bay.
During my consults from Ryan I had asked that other services unrelated to the vehicle's failure be preformed. The passenger side mirror was replaced. The oil pan gasket which when the vehicle was in your care was determined to be leaking was replaced. I had also asked the vehicle be detailed. All that was done with regards to that request was a complimentary car wash, which was expedited by my arrival on the 6/23 at 3:30pm to pay for the repairs and receive the vehicle.
Now after putting about 40 miles on the vehicle after picking it up I am deeply distressed to find the vehicle idling rough, and the new clutch performing with very little play and a vibration in the pedal becoming evident when depressed between gears.
Furthermore, I am not confidant at all that any of my instructions regarding the care of my vehicle were followed through. As an example I had asked that when the oil pan gasket was replaced that equivalent synthetic oil be put back in.
Also, the vehicle had less then a quarter tank of gas in it when I picked it up. (The warning light came on, on my way home from your service department.) I recall delivering it with just over a quarter tank.
If I had known that the repairs needed were not going to be covered by a warranty then I would not have had the vehicle towed to your service department. I would have the clutch replaced by a local mechanic and save a great deal in repair costs. But since I was already in to a tear down and diagnosis fee then I was forced to follow through with having the vehicle repaired at your dealership.
All of these circumstances have led me to right this letter and express to you my dissatisfaction with your company's service and practices. I would be remiss not to point out there was not any one person to blame. Nonetheless, your advertised claim of Anything it takes to earn and keep your business is just empty hype. You earned my business by having the reputation in the Central Florida Community as a caring and philanthropic company. You have done nothing to keep my business.
Therefore, to solve this problem I would ask that you consider making a good faith effort to resolve this dispute. What that may be is up to you. Consider refunding the labor cost for the work done. Better yet, buy the car back at its payoff amount. I do not want to continue driving this vehicle because I feel that it is not going to last me for as long as I need it to. Especially since the warranty, you have provided me is only good for a few thousand miles more. In addition, it really offers me no protection to begin with. Did I mention that your sales staff said that the Warranty was good from the date of purchase and was for 7 years or 100,000 miles from when I bought it? Well, buyer beware.
Please contact me within twenty days with a response to my complaint or notify me of intent for third party arbitration.
I returned the vehicle to the service department 6/30 to have the "grinding and vibrations" diagnosed. I scheduled an appointment to bring the car in and test drive it with a service manager. When I arrived on time, I was told the technician was on lunch and I would have to wait. After escalating my displeasure about waiting, a service manager, Trigg (last name unavailable) went on a test drive with me. They then agreed to take the car in and provide me with a rental in the meantime. Trigg said "We will take care of the rental cost" to account for the inconvenience, as well as this situation should have been taken care of during the original repair.
After two days, I get a call from Samantha asking me to authorize a tear down fee ($300+) so they can figure out why the transmission was making a grinding noise. A fee I had already paid for the original repair. I explicitly denied to authorize any more money spent on repairs. I received a call in the meantime from the warranty company, MPP asking me about what the problem was. I told them they should already know what the problem was you had sent an adjuster to the vehicle when it was originally in the shop. He told me that they had done no such thing. So I was clearly given the run around and lied to by Ryan Smith about them having an adjuster evaluate and deny any warranty coverage on the original repair. It eventually came down to the service manager agreeing that the transmission need to be replaced and the warranty was going to cover a "used" transmission replacement. I was told that it would take 3-5 working days on 7/5 for the transmission to arrive and that the warranty company was not going to cover the cost of the rental. So my gratis rental when I drove it away suddenly became a liability, I had no choice but to continue to drive the vehicle because of my work schedule. At this point 7/8 I am returning the rental to the service department and handing them a copy of this addendum.
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