• Report: #1041016

Complaint Review: Mossy Toyota

  • Submitted: Fri, April 05, 2013
  • Updated: Wed, May 07, 2014

  • Reported By: Jon — San Diego California
Mossy Toyota
4555 Mission Bay Dr San Diego, California United States of America

Mossy Toyota Mossy Toyota Pacific Beach, Pawns off Defective Vehicle then holds Consumer in Suspended Arbitration Purgatory Over 6 Years San Diego, California

*Author of original report: I Won! It's Over... 7 1/2 Years

*Consumer Comment: Jon,

*Consumer Comment: Jon,

*Consumer Comment: Jon,

*Consumer Comment: Why Didn't You?

*Consumer Comment: Jon,

*Consumer Comment: Jon,

*Consumer Comment: Jon,

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On February 16, 2007, I purchased a certified used 2002 Ford Escort for $12,000 from Mossy Toyota during their red tag sale.

When I took it for a test drive, I noticed a vibration, and asked about it before I bought the car. I was told at that time that the idler needed to be adjusted and they could take care of it if I brought it back the next day when the shop had time. I remembered the exact same thing I had to have done a few times, on a Chevy Vega I once owned.

I had been a loyal customer of Mossy Toyota for over 6 years , and all that time they had treated very me well. Many occasions picking me up from home or work when my previous vehicle needed repairs. [continued below]....
.....

They are also well-established and the most prominent dealership in town with nearly a dozen dealerships. I thought that I could rely on what they said, when they told me that the vibration was not a big problem and they would fix it right away.

I took them at their word, and bought the car. It came with a 90-day, 3,000 mile bumper-to-bumper warranty and I purchased an extended warranty in addition, just to be safe. It did not cover previously submerged and rusted out flood cars with contaminated electronic equipment. 

I had no idea then that the contract I signed included a clause  on the back that took away my Constitutional rights and required any dispute to be submitted to an arbitration program chosen and paid for by Mossy Toyota.

When I took the car back for repairs, I was taken aback by their change in attitude.  It turned out that Mossy knew about the vibration problem beforehand and knew they could not fix it before they sold it to me.

They claimed that the vibration was normal and didnt need to be fixed.  The head mechanic said thats the way it is and that this type of car is prone to shaking.

The vehicle shook only when in drive and at a stop. Shaking the rear view mirrors to the point I could not see through them and headlight beams bouncing on the street.

I returned several times and asked them to fix it. They took the car for repairs twice, but the shaking and rattling continued. They refused to take the car back after repeatedly asking, even laughing at me at one time.

Then I contacted an independent expert after several weeks of pleading with Mossy and asked him to examine the car. When he did, he found extensive rust damage and other signs that the car had been submerged under water. He said that vital electronic equipment was contaminated and corroding.

He also found that the vehicle had been in a collision.  I found out eventually that the collision damage had also been reported to Carfax even though the dealer provided a clean Auto Check report.

He concluded that the car was unsafe to drive. I then made arrangements for an alternate vehicle.

They did not take the car back, offer a like vehicle or anything else Only turned their back leaving me no alternatives.

I was stuck with a lemon I could not sell to anyone, knowing what I knew about it being unsafe. I would not take advantage of anyone else by re-selling it.  The car remains sitting, un-driven, un-drivable, and collecting dust in my garage to this day.

Finally I hired an attorney who filed a suit on my behalf. Then Mossy Toyota filed a motion in court to get the case kicked out of court and go to arbitration, before the American Arbitration Association.

While I was waiting to get things resolved, I had to keep making monthly payments for the car. Otherwise, it could have been repossessed, ruining my credit.  I ended up paying off the entire loan of over $12,000 all for a car I couldnt even drive.

My attorney found out that the one arbitrator who was going to hear my case had a history of representing car dealers. Another had a history of ruling for the company and against the consumer on forty different cases.

So he contested that arbitrator and another one was named to hear my case. There was more back-and-forth over the arbitrators. Then Mossy refused to pay to initiate the arbitration proceedings as required by the contract.  Under the AAA (American Arbitration Association) rules, the company was supposed to pay $750 to start the arbitration process moving.  But Mossy refused to pay.

Instead, they insisted that I pay up-front. But that is contrary to AAA rules. The contract they presented to me said that they would pay up to $1500 for case management and arbitrator fees, but they still insisted that I pay instead.

My attorney has tried over and over again to get the case heard. Meanwhile, I have had to wait. And wait. Ive been waiting ever since 2007, now in the seventh year, just to get my case heard in arbitration.

Last year, the AAA dropped Mossy and wrote a letter to Mossy refusing to hear any case from Mossy, demanding that the AAA name be removed from Mossys contracts.

The AAA wrote they took that action because Mossy Toyota has not complied with our request to adhere to our policy regarding consumer claims

Recently, the court ordered that my case be heard by the Judicial Arbitration and Mediation Services(JAMS).  I have a hearing date set for next June, before a JAMS arbitrator.

But again in March 2013, Mossy filed a motion seeking to have the case dismissed and taken off the docket for JAMS and since JAMS refuses the case.

So now Im still having to battle, just to get a hearing in arbitration.  I know that the proponents of arbitration claim that its faster than courts. But I dont think they take into account cases like mine.

If I had been able to have my case heard in court, I think that Mossy Toyota would not have sold me that defective car in the first place.   But why not, since they know I can never get them in front of a jury?

This report was posted on Ripoff Report on 04/05/2013 02:03 PM and is a permanent record located here: http://www.ripoffreport.com/r/Mossy-Toyota/San-Diego-California-92109/Mossy-Toyota-Mossy-Toyota-Pacific-Beach-Pawns-off-Defective-Vehicle-then-holds-Consumer-1041016. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
1Author 7Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

I Won! It's Over... 7 1/2 Years

AUTHOR: Jon - ()

Breach of Express Warranty and Implied Warranty of Merchantability (Song Beverly Act) Interim Ruling: "Mossy included a limited express warranty (90 days or 3000 miles) for 100% of the parts and labor costs on engine and transmission repair. The panel finds this would include the vibration problem. Mossy made two attempts to repair the vehicle with no success whatsoever and then informed Mossy it could not be repaired and was, at any rate, "normal" for this vehicle. In the event a warranted defect substantially reduces the value, use or safety of a vehicle, the seller must replace or repurchase the vehicle, or otherwise make restitution to the purchaser. This was a vehicle purchased at retail, for Perz' personal use. Perz made several requests of Mossy to repair the defect, and Mossy agreed to attempt the repair twice. Mossy was given adequate opportunity to repair or replace or make restitution. It was unable to do the first and refused to do the others. Perz has proven the elements necessary to prevail on this cause of action. The implied warranty of merchantability requires that the vehicle be fit for its ordinary use, in this case personal transportation to and from work. The only description of the condition of the vehicle is that it was unsafe to drive. Mossy's attempt to "reduce" the vibrations at stops by putting it into neutral corroborates the intensity of the vibrations and the unsafe measures which had to be taken to reduce the vibrations and allow for accurate vision through mirrors and the windshield. No opportunity to repair is required, though several opportunities were given. Perz has proven the elements necessary to prevail on this cause of action. Under the Song-Beverly Act. The panel is authorized to award double damages on the Song-Beverly causes of action, if Mossy's failure to act was wilful, which it was. (Civil Code section 1794(c)). Perz is entitled to an award of fees and costs on the Song-Beverly causes of action (Civil Code section 1794(d))."

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#2 Consumer Comment

Jon,

AUTHOR: Karl - ()

Do you think that future generations will be able to come to this site and read the many Ripoff Reports and consumer comments in order to better understand that the arbitration system in America was mainly interested in protecting the companies and corporations who were responsible for paying the fees to the arbitrators, and not to those who were financially injured by these same companies and corporations? Feel free to share your thoughts, and please give us an update. Thanks.

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#3 Consumer Comment

Jon,

AUTHOR: Karl - ()

The arbitration system in America is set up to protect the corrupt people who run the corrupt companies and the corrupt corporations. Our country is ultimately being controlled by the banking cartel. These bankers are corrupt. They ultimately control the U.S. government, the governments of Europe, Wall Street, stock markets all over the world, and just about everything else including the mainstream media, the price of oil, and even the majority of the legal system.

Don't ever trust the arbitration system. Remember, the companies and corporations who are being sued are the ones who pay the fees for the arbitrators. So who do you think that the arbitrators (arbi'traitors') will protect?

Good luck to you, and please feel free to give us an update.

 

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#4 Consumer Comment

Jon,

AUTHOR: Karl - ()

Don't forget to give us an update when you have time. Thanks.

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#5 Consumer Comment

Why Didn't You?

AUTHOR: Jim - ()

Why didn't you know about the clause in the contract?  It was THERE, wasn't it?  The reason:  YOU signed the contract WITHOUT reading what YOU were obligating yourself to.  But more imortant than that...YOU decided to buy a car with pre-existing problems!  You could have said..."I like the car and I will buy the car but it has problems.  You fix it and then I will buy it!"  If they were a decent dealer which operates on honesty and integrity, they would have done just that.  Two lessons:  READ and UNDERSTAND what you are igning BEFORE you sign it...and...learn to stand up for yourself.  They need you...you don't need them.  YOU are the customer!

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#6 Consumer Comment

Jon,

AUTHOR: Karl - ()

Please feel free to give us an update to your Ripoff Report when you get a chance. Thank you.

WELCOME TO THE LEGAL SYSTEM IN AMERICA- ONE BIG LIE THAT PROTECTS THE CORRUPT PEOPLE WHO CONTROL THE CORRUPT CORPORATIONS AND THE CORRUPT COUNTRY ALSO KNOWN AS THE UNITED STATES OF AMERICA

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#7 Consumer Comment

Jon,

AUTHOR: Karl - ()

Did you get a chance to read Ripoff Report #1065?

I believe that the majority of our legal system in America is a complete lie, especially the Arbitration System. It mainly protects the corrupt people who control the companies and corporations that did precisely what they did you. You were 'financially injured' and the Toyota dealership profited from it, right? Our legal system also protects the corrupt politicians who are ultimately working for many of these corrupt people who run the corrupt companies and corrupt corporations in our country. Most of them are Wall Street companies.

My guess is that you have less than a 5% chance of winning your case if it goes to Arbitration. And guess what? If you win, the Toyota dealership can appeal the case and leave you hanging for years. Good luck to you, and please keep us updated.

WELCOME TO THE ARBITRATION SYSTEM IN AMERICA- ONE BIG LIE AND I CAN PROVE IT
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#8 Consumer Comment

Jon,

AUTHOR: Karl - ()

You can stay at this website and type in- ARBITRATION CHURNING AND OTHER DIRTY TRICKS, and click on Ripoff Report #1065 and read it for important information about the Arbitration System. Feel free to read the consumer comments for additional information. Good luck to you!
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