Date: Thu, 20 Apr 1995 15:06:36 -0400
Sender: Vanagon Mailing List <vanagon@vanagon.com>
From: drew@interport.net (Derek Drew)
Subject: Re: FTC, VWOA, Head Replacement Questions
>I volunteer to archive the composite tales of woe/terror/ripoff/etc=
regarding
>head replacement, leaking seals, etc. =20
>
>If we gather the info correctly we will have a strong case for presenting
>VWOA with either a "make it right via FTC" or a potential Class Action=
lawsuit.
Wow. Great idea.=20
Here is a reproduction of a private message I just sent off to one of our
list members.
Derek
>Derek: We have an '85 Westy that was given to us by my inlaws 2 years=20
>ago, Do you know if we would be covered since we aren't the original=20
>purchasers under this? We apparently have a colent leak at the head=20
>gasket. Also. how do you go about filing to have this done? And do you=20
>need complete service records from when the vehice was purchased? Thanks=
=20
>for the info!!!!
In the event that there is paperwork or other signs that the car has more
than 50,000 miles on it, then:=20
1. Ask that a DSM look at the car and see what he will offer you in the way
of "assistance."
2. If you want to get more "assistance" then go through the FTC process.
Your case is really iron clad since this is a fault of VWs and everybody has
it. You need to prove this by going to the archive of the vanagon list and
downloading all the tales of woe.
The fact that your car was obtained used is irrevelant here and nobody is
likely to even mention it to you.
Here is the FTC infomration:=20
I found this today on the Federal Trade Comission site. It appears to mean
that we can all go mob VW to pay for all our engine repairs *even if we have
already paid for those repairs!*
That is, I bet the collective expense among members of this list for engine
repairs is in the multi millions of dollars over the years. Apparently, this
thing gives us the right to go to the BBB and try to get VW to refund to us
the amount we spent in the past, even for VWs sold in the 1970s. It costs
us nothing and it could be a bonanza.
I bet nobody on the list has ever taken advantage of this program but it is
hanging right out there.=20
Enjoy. I wonder if any of us has the initiative to actually take advantage
of this. Anyone who had a leaking head gasket seal would be a prime
candidate. If you had more than 50,000 miles on your engine, VW billed you
for part of the repair. But one could argue that they should have set the
threshhold higher, say, at 100,000 miles.
Derek Drew
90 Syncro Westy
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
Facts for Consumers from the Federal Trade Commission
VW Mediation/ Arbitration Program -- July 1994
Under the terms of a 1988 Federal Trade Commission
order, Volkswagen of America (VWoA) has established a
mediation/arbitration program for all owners and lessees of
VWoA or Audi cars and light trucks with engine problems.
Through this informal program, operated by the Better
Business Bureau (BBB), you may seek one of the following
settlements: a refund for the money you spent on repairs;
repairs to be made by VWoA at no charge to you; or a VWoA
buy-back of your car.
To participate, you must contact the nearest BBB or
VWoA and request an arbitration package that includes, among
other things, a settlement request form, which you must
complete and return. The BBB toll-free number is
1-800-955-5100. You can contact VWoA by writing:
Volkswagen of America, Inc.
Customer Services Department
888 West Big Beaver
P.O. Box 3951
Troy, MI 48007-3951
or by calling:
#1-800-822-8987 (VWoA owners)
#1-800-822-2834 (Audi owners)
This arbitration program covers two categories of
problems -- specified claims and internal engine component
claims.
Specified claims can be filed by owners or lessees who
experienced oil consumption-related problems in water-cooled
gasoline engine Volkswagen and Audi vehicles from model
years 1974 through 1979. If you have had such oil
consumption problems, you need not still own or lease the
car to be eligible to participate in the program.
Internal engine component claims involve all other
engine problems. All owners or lessees who experienced
internal engine component problems with any Volkswagen or
Audi vehicle, regardless of the model year and engine type,
can file claims. However, you still must own or lease your
car to be eligible.
Mediation
The arbitration program, which is offered to you at no
charge, has two phases: mediation and arbitration. First,
the BBB will try to mediate a settlement between you and
VWoA without having an arbitration hearing. For example, BBB
staff may ask you to talk to the dealer one more time. Or
they may suggest that you contact your VWoA regional office
about your problem. Sometimes, the BBB talks to each party
and tries to arrange a settlement. This mediation process
may result in VWoA making an offer that satisfies you.
If you accept the VWoA offer, you give up your right to
arbitrate this particular problem (unless the problem
happens again, of course). If you are not satisfied with the
VWoA offer, you have the right to an arbitration hearing.
Make sure you notify the BBB if you want to have a hearing.
Keep a record of the date you contacted the office.
Arbitration
Arbitration is the next step when mediation fails. It
differs from mediation in that the parties do not settle the
problem between themselves. They present their claims to an
impartial third party called the arbitrator, who is the
decision maker.
Arbitration is informal; you do not need a lawyer and
there are no complicated legal rules. The arbitrator listens
to both sides, asks questions, and ultimately makes a
decision that he or she believes is fair. The arbitrator may
decide for or against your claim. You do not have to accept
the arbitrator's decision (see page 7). However, VWoA must
accept the arbitrator's decision as final if it's accepted
by you. If you decide to arbitrate, your local BBB will give
you further explanations about the program's rules.
The Award Request
On your arbitration form, you will be asked to state
exactly what you want to receive from VWoA through the
arbitration process. If you already have had your car
repaired, you may wish to ask for the amount of your bill.
If your car has not been repaired, you may wish to ask the
arbitrator to order VWoA to make the repairs at no charge to
you. Or, if your case justifies it, you might ask for a
combination of these.
You are eligible to file a claim and have an
arbitration hearing regardless of your vehicle's age or
mileage. However, age and mileage are factors that can be
taken into consideration by the arbitrator in arriving at a
decision.
In an extraordinary case -- for example, if the dealer
has been unable to fix serious problems with the car after
several tries -- you may wish to ask the arbitrator to order
VWoA to buy back the car. In this case, VWoA may ask the
arbitrator to deduct an amount from the cost of the car for
mileage or use. The arbitrator does not have to make any
deduction from the award, but may do so based on individual
circumstances. The arbitrator cannot give you more than you
have asked for on the award request.
The Arbitrator
Arbitrators are community volunteers whom the BBB has
recruited and trained. VWoA does not take part in selecting
an arbitrator. An arbitrator is never paid, except for
occasional travel expenses.
If you live far from the BBB office, the staff will try
to arrange a hearing location closer to your home. Once the
arbitrator is appointed, the BBB will set a date for the
hearing.
The Arbitration Hearing
The arbitration hearing is an informal proceeding where
you have an opportunity to tell your story. You can present
any documents and witnesses you want. Essentially, you have
to convince the arbitrator that what you are asking is fair.
VWoA will have the same opportunity. If necessary, the
arbitrator may decide to ask the BBB to supply and pay for
an expert, or you can bring, at your expense, your own
expert -- for example, the mechanic who worked on your car.
You do not need a lawyer.
Preparing for an Arbitration Hearing
A key factor in the outcome of arbitration is
preparation. If you are well-organized, your case will be
easier for the arbitrator to understand.
Documents, such as receipts for car maintenance and
repair, are usually the best type of information to present
at the hearing. But letters from anyone who is familiar with
the details, such as the mechanic who repaired the car, are
good substitutes. At the hearing, of course, you or others
can tell the arbitrator about any relevant details, even if
you do not have documents.
Repair Information. You should list all of the details
about the car and each problem for which you are seeking a
refund or repair:
* the identification of the car by VIN (Vehicle
Identification Number);
* the make, model, and year;
* the mileage on the car;
* the date(s) of any repair(s) and the mileage at which
any repair(s) were made;
* the car part(s) that were repaired;
* the cost(s) of any repair(s); and
* if repairs were paid, some indication that you (rather
than someone else) paid the bill(s).
As suggested above, a receipt often can show much of
the necessary information. If you no longer have a receipt,
you can ask your mechanic for a copy of the repair record or
ask the repair mechanic to come to your hearing or write a
letter. In reporting information, the mechanic should
include:
* what was wrong with the car;
* what caused the failure; and
* if you have properly maintained your car.
If the repair work has not yet been done, an estimate
or work order providing such information would be important.
If you no longer own the vehicle but are arbitrating an
oil consumption-related problem covered by the specified
claims program, you should have proof of past ownership for
your arbitration hearing, such as a copy of the title,
registration, an insurance policy, a purchase contract, or
financing documents. The repair receipt itself may show
ownership, as well as the necessary repair information.
Maintenance and Driving Habits
VWoA may argue at the hearing that your problem was
caused by poor maintenance or improper driving habits. If
you can show that you followed the recommended maintenance
schedule and that you avoided driving practices the owner's
manual cautions against, you have a better chance of
winning. For example, if the problem involves an internal
engine part such as a camshaft, it would be helpful to show
that you changed the engine oil at the recommended intervals
for the type of driving you do and that you used the type of
oil recommended in the owner's manual.
To demonstrate maintenance, written records -- such as
receipts, door stickers, or personal notes -- usually are=7F=7F
the best. On the other hand, to show proper driving
practices, your statements to the arbitrator may be the only
evidence possible.
Other Information
Sometimes, showing the arbitrator that others have had
similar car failures can help indicate that the problem was
with the car rather than with your maintenance or driving
habits. For example, your mechanic may know of similar
failures; you may have seen (or be able to find) articles
about similar problems in your local newspaper or in car
magazines (check columns written by expert mechanics); and
your state or city consumer protection offices may be aware
of others with similar car problems or may have additional
information.
Also, VWoA sends service bulletins about certain
problems to its dealers. Although many service bulletins
simply update the dealers about changes in part numbers,
other bulletins may indicate that your car repair was a
common problem. Therefore, if you can obtain a copy of an
appropriate service bulletin and find a mechanic who will
verify that the bulletin applies to your car problem, you
might want to show it to the arbitrator.
For information about how to order some or all of the
bulletins that may apply to your car, call 1-800-544-8021.
You also may be able to look at copies of the bulletins at
local VWoA dealers.
If your complaint involves an oil consumption-related
problem in a 1974 through 1979 water-cooled gasoline engine
VW or Audi vehicle, when you receive your specified claims
arbitration forms, you also will get "background statements"
prepared by the FTC and VWoA. You can present these
statements to the arbitrator. They may help the arbitrator
reach a decision.
The Arbitrator's Decision
Usually a few days after the hearing, the arbitrator
will write a decision, called an "award." It is binding on
VWoA, but not on you. You can accept or reject it. If you
accept the award, VWoA must do what the arbitrator decides.
For example, you might ask for $700 but only be awarded $500
by the arbitrator. You can accept the $500 award, which ends=7F
your claim, or you can reject the $500 award and pursue your
case through other avenues, such as a small claims court.
If you have problems or questions about the arbitration
program, contact your local BBB or the FTC at any of their
offices listed on the next page.
For a list of all the FTC's free consumer and business
publications, contact: Public Reference, Federal Trade
Commission, Washington, DC 20580; 202-326-2222. TTY (202)
326-2502. Ask for a copy of Best Sellers.=7F=7F
6/88; 8/89
..
=20
___________________________________
Derek Drew
drew@interport.net (main address for e-mail)
derekdrew@aol.com (alternate/backup address, checked infrequently)=20
