Wynn's Extended Care Trying to use loophole to get out of paying for transmission Brea California

On Sept 30, 2007 my 2003 VW beetle went to the local VW shop to diagnose and resolve a hard downshift in the transmission. Basically, whenever I come to a stop, 3,2,1 gears all slam in to place. Codes were pulled off the computer and no diagnostic information was obtained, so the tech dropped the pan off the transmission and filtered it for debris. After finding metal parts, it was certified as "needs replaced" and submitted to Wynn's for approval.

Wynn's refused the claim and stated that it would not be paid unless the transmission was torn down and the fault was identified. Not an unreasonable request, unless of course the transmission in question is not servicable. At first I was skeptical, I believed Wynn's when they said that any certified transmission shop would have no problem with a teardown and diagnostic, but here I am over five weeks later still trying to satisfy their "required proceedure".

I'm not a mechanic, and I don't know anything about transmissions, so I rely on the advice of those professionals to lead me in the right direction. So far, I have seven different shops from around the United States validating the VW dealerships claim that my transmission "can not be diagnosed through teardown, as no proceedure exists to do so, and no parts are available for purchase even if someone could".

If anyone out there is a specialist, I would love to hear from you on this. The car is a 2003 VW New Beetle, but it has a 2004 Aisin 6-speed automatic transmission model 09G. The VW shops that I've spoken to have all said the same thing "sorry, there is nothing we can do for that transmission, call your dealer for a replacement". The final straw for me was when I called German Transaxle (((link redacted))) and asked the same question. The response I received was a resounding "you will not find a single shop in the US that will be able to do anything for you other than replace your transmission." Here's a quote from their Web site.

"Since inception, German Transaxle of America has built well over 30,000 gearboxes. German Transaxle of Americas specialists have almost 90 years of combined experience working with German-type transaxles. There is no other company, German Transaxle is aware of, that has anywhere near this amount of experience working on these challenging units.

German Transaxle of America, inc. rebuilds: 4-Speeds, 5-Speeds, 6-Speeds, Automatics, Final Drives (differentials) for most Volkswagen, Audi, and Porsche automobiles built in the last 40 years."

Now, if these people tell me that they can't help me; I'm inclined to believe it.

Out of 4 weeks of phone calls and documentation, Wynn's is instant that I follow their procedures, and once I have the unit torn down and inspected, they will consider authorizing repairs. I have talked to no less than six different people at Wynn's, sought the help from the local company that sold me the warranty (Tom Tannahil from Montana Auto Brokers here in Kalispell) and I am no closer to repairs than I was five weeks ago. The only person who has even said that they would "comply with Wynn's requirements" was a gentleman from an AAMCO in Spokane. However, after looking through his diagnostic information on the computer, he conceded that "in the end, we're going to end up simply replacing the unit for you".

Someone please tell me: Am I being unreasonable? The only reason that I can even think that AAMCO would state that they would satisfy Wynn's was so they could get the work instead of my local dealership. And the only reason that I am not taking the car to them is because I have 290 miles away! So far, I have paid for two towing bills, one analysis at a local transmission shop and wasted dozens of hours time from hard working people who have better things to do that fight with a warranty company. Why should I now spend even more energy moving the car 3 hours away on a car hauler, to have the same thing done to the car that should have been done locally five weeks ago?

Is a warranty company allowed to demand that something be done that no one is willing or able to do? Isn't this a truly unreasonable request to try and skirt their responsibilities and contractual obligations to me? I paid for this contract in good faith, and trust me.. it wasn't cheap.

This morning, I just about went ahead and authorized the VW dealership to go ahead replace the transmission, but decided to consult the advice of a local attorney first. She promptly pointed out the fact that others on this forum have stated so plainly "If you do that, you are in breach of contract for having the repairs performed without prior authorization". This would be a simple way for them to never pay a dime.

Unfortunately, Wynn's.. If you're reading this, I'm in this for the long haul. I will not cave, I will not falter, I will not pay for these repairs myself. As you can see, I've already had the car towed twice around town. Both transmission shops stated that the car was definitely "drivable", but you're not going to catch me on that hole.. I've already read that "if I drive my car after being diagnosed as needing repairs, any damage caused is not covered".

This morning I contacted the Consumer Protection office in my state and filed a complaint with them. If that proves unsuccessful, I'll be enlisting the help of the attorney I spoke with in an attempt to file a breach of contract suit against both you and the dealer that sold me the contract.

If I'm lucky, I'll have the car back by next spring when I'm able to drive around town with the top down once again. I guess I should consider myself fortunate that I at least had the foresight to request the names of your representatives that I spoke with, and kept a journal of our conversations. I am reasonably confident that I will win in the end, its just unfortunate that youre going to spend many times more for something in the end, when your primary intent was to just try and save a little.

Shane
Kalispell, Montana
U.S.A.

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