SwedeSpeed - Volvo Performance Forum banner

The horrible dealer saga continues... now seeking legal advice...

2K views 18 replies 13 participants last post by  KMK454 
#1 ·
I finally got in touch with the Volvo dealer today... he said they had good news and bad news...

Basically, he said that they tried the software download that was supposed to disable the DRLs on my '04. This didn't work (not surprised). So, they tried to find out why. Well VIDA told them that the CEM was throwing a code, so they called Volvo tech line, went through some stuff over the phone, and Volvo told them the CEM was bad, and they should replace it. This was last week some time I guess (service manager hasn't called me in 3 weeks, I had no idea this was going on).

So, they replaced the CEM, downloaded the software, and DRL bulb failure message still came up. So, at this point they follow the wiring, and notice an irregularity, that my DRLs have been removed and replaced with different light


He asked me if I was aware that this had happened. I told him I was unaware of any wire splicing or soldering, and that any modifications were done at the Volvo dealer. (I was told that swapping to Euro lights was a plug/play change, was that bad info?)

At any rate, he was now trying to dump the now $1200 job of pulling the CEM on me, but saying I might have some recourse and only have to pay 1/3-1/2 of that with some advocate program Volvo has.

I said that I never authorized any work on the CEM, and that I wouldn't be paying for any of it.

I also informed him that the reason the CEM was throwing a headlight code is because the headlights are pointing straight down (because they require a SUM calibration which they won't do because I have springs on the car).
I saw the same CEM error in Germany, when my dealer was doing the diagnostic on the 4C, but he said I needed to fix the 4C, do a SUM, and then the headlights would be fine and no CEM code...

I said I wasn't surprised that the DRL software didn't work, only two people with '04s have ever successfully disabled their DRLs to my knowledge, and JRL had to get a custom patch written (this is what I figured wrxownr manged to get and what he was downloading).

Anyways, he is stuck because he is scared that if he charges the CEM work to Volvo, and if they ever find out that he could have claimed the alleged modification to the wiring harness was the cause of the CEM failure avoiding the warranty claim he will be in trouble (I tried to explain Magnusson-Moss to him, but he said it was his call I would spend more in court trying to fight it). He is also stuck, because he can't really charge it to me, since he NEVER got my authorization to do the work, or even notified me he was pulling my bumper etc. If he had bothered to call, I would have told him NOT to do that, I know exactly why the CEM code is there...

He then tried to explain that his tech didn't want to mention the SUM/4C/spring issues to the techline when trying to diagnose the CEM issue, since they were trying to do this under warranty... basically saying they were trying to help me, and that is why I should pay the $1200...

I ended up just telling him to put the car back together, ignore and CEM codes or DRL messages... I just want my car back.. I'll even pay for the $60 DRL software that didn't work.

Oh, he also said that he couldn't remove the rear spacers because those rims didn't have enough brake caliper clearance...
I didn't even bother pointing out the fronts are just fine without a spacer... (OZ ultraleggeras have LOTS of clearance without spacers btw). I told him not to worry about that either, I would just like my car back...

I bet the next thing he is going to try and stick me for the bill for the loaner for the last 4 weeks...

So, anyone here think that I should be liable for unneccessary work done on my car without my knowledge or consent?

John, Eric, Sean I'm especially interested in your thoughts...
 
See less See more
3
#2 ·
Re: The horrible dealer saga continues... now seeking legal advice... ("R" Kelly)

Umm, these guys do Moss Magnusson work but I don't think they work in Alabama. However, that being federal they might be able to do something for you or to steer you to the right lawyer.
The boys here are NOT experts in this
"1-800 lemon law", Kimmel and Silverman law firm

Modified by JRL at 11:44 PM 7-25-2006
 
#3 ·
Re: The horrible dealer saga continues... now seeking legal advice... ("R" Kelly)

I can give me the number of the lawyer I used for the S60R but he's based in San Diego so I don't think it's any help to you. But he might be able to point you to a local lemon lawyer. They usually have some sort of network. Good luck.

Any luck finding an independent shop that can do a SUM cal? It might be worth taking a few days off and driving to R salesman's shop or even Stillman. At this point, anything is worth a try.

Good luck.
 
#4 ·
Re: The horrible dealer saga continues... now seeking legal advice... (mike_c70)

Just out of curiosity, how does this qualify as a lemon law? Not trying to be smart, just dosen't seem to fit with what I thought qualifies for a lemon law car.
 
#5 ·
Re: The horrible dealer saga continues... now seeking legal advice... ("R" Kelly)

euro lights: plug & play wiring - DRL disable software required. not sure why the wiring would have been altered. I installed the set of euro lights you sent to me and it was click, click, done.

This just seems out of character for any dealership not to call, especially if the bill was going to be so high. If the work was not authorized, I don't see how you can be forced to pay - was there a "call if over $100" on the service paperwork you signed?
 
#6 ·
Re: The horrible dealer saga continues... now seeking legal advice... (Chris@Swedespeed)

In WA state, a shop cannot exceed a quoted repair estimate by a % (10 I think) without getting owner approval beforehand. AL may have similar laws.

Going to war with your dealer may not win you any friends and might end up with you getting flagged by the regional rep.

Your cheapest option may be to have an indy shop address the shock/SUM issues.
 
#7 ·
Re: The horrible dealer saga continues... now seeking legal advice... ("R" Kelly)

Kelly,

I had to re-read this several times. Was the wiring spliced or do you just have aftermarket bulbs? What exactly are they trying to charge 1200 dollars for? did they repair anything that you mentioned as a problem?

Generally I would argue that unless you authorized repairs that were done outside the stated problem coming in the deal is SOL...also anything outside of WARRANTY work would need your permission, period.
If you get slapped with a rental car charge do not sign anything and if they have your CC on file dispute it, without a signature they will be hard pressed to win that argument.

The real problem is WTF are you going to do, how many dealers are going to dance this dance? This is NOT a Lemon law case, period. You have had the car too long and it can be argued that mods may have played a hand in this...if you recall I went local ( read :cheap) on my spring install.....lost a sensor a week later and shock...1K later the dealer and I are now best friends and they do all my mods. I decided early on that fighting was a uphill battle and let the dealership make money and now we have a wonderful relationship, they have installed all my Evolve mods at a fair price and did my sway bars 3 times till they stopped squeeking.

I think your going to have to return this to stock and start your mods one at a time, it sucks but you do not have a case against the dealership because the last time I checked being stupid and lazy is not a crime.
I would make sure you're wearing your uniform when picking up the car and when you select your next dealership. Sorry this was your welcome home.

-J
 
#8 ·
Re: The horrible dealer saga continues... now seeking legal advice... (I Roll)

Quote, originally posted by I Roll »
Just out of curiosity, how does this qualify as a lemon law? Not trying to be smart, just dosen't seem to fit with what I thought qualifies for a lemon law car.
The number I gave him is a firm that also does federal warranty law (Moss-Magnusson)
 
#9 ·
Re: The horrible dealer saga continues... now seeking legal advice... (ForceReconTrojan)

Quote, originally posted by ForceReconTrojan »
Kelly,
I had to re-read this several times. Was the wiring spliced or do you just have aftermarket bulbs? What exactly are they trying to charge 1200 dollars for? did they repair anything that you mentioned as a problem?

I had Eurospec lights installed, and there there should have been no splicing of the wires done by dealer in Germany. I was told by them (and people on the board) that it was a simple plug and play operation. Chris confirmed above that it is a simple click operation.

The dealer in AL however is saying that there was obvious re-wiring and exposed wires. I DON'T believe them... and quite frankly if there is screwy wiring now, I think they did it.

The $1200 is for a new CEM module and the labor to replace it.

There was never a need for a new CEM module, the reason the DRL bulb failure messge comes on is because there are no DRL bulbs, and the CEM error is because the headlights are pointing down because they wouldn''t do a SUM calibration.

Remember, these idiots thought I had to have an iPOD in order for them the listen to the Digital Jukebox, missed the fact I didn't have DRLs (or an amber reflector) because I had Eurospec lights when trying to diagnose a DRL bulb failure message, and now are insisting that OZs won't fit without spacers, even though they are looking at a set on the front. They also are insisting the 1/4" drop in the front with the TME springs was enough to cause the front left 4C shock to fail.

What is REALLY sad is I went to them in Alabama because service manager said the R was the Techs favorite car (and the Volvo dealer in Talahassee was where the salesmen said he had never seen an R).

Bottom line, I shouldn't have to pay for the CEM module replacement, I never authorized the repair, and it the only reason volvo tech line told them to do it was because the dealer witheld the information about the headlights requiring a SUM calibration from Volvo tech line (the dealership still doesn't understand that the suspension and the headlights are connected). They also never noticed I didn't have DRLs until after they had done all this evidently...
 
#11 ·
Re: The horrible dealer saga continues... now seeking legal advice... (sk11vengeance)

i would come back to Europe.


Best of luck R Kelly in resolving this situation.
 
#12 ·
Re: The horrible dealer saga continues... now seeking legal advice... ("R" Kelly)

If it was not covered under warranty they should have gotten authorization from you to do the repair. They should have the original CEM laying around and should be able to put your car back the way it was.
 
#13 ·
Re: The horrible dealer saga continues... now seeking legal advice... ("R" Kelly)

I'm a Service Mgr at a very large Chrysler dealer, ...................if you didn't sign off on the repair before they did, your not on the hook, I would fight it. I would never do a repair like that, without a customers sig.
 
#14 ·
Re: The horrible dealer saga continues... now seeking legal advice... (BellevilleV70)

Thank you for your advice, dealer still hasn't called back to tell me my car is back together and my work schedule doesn't always allow me to call during the day....

Turning into a hostage crisis at this point...
 
#17 ·
Re: The horrible dealer saga continues... now seeking legal advice... ("R" Kelly)

how 'out of the way' is the dealer? Can you stop by and just get your car from them?
 
#18 ·
Re: The horrible dealer saga continues... now seeking legal advice... (Chris@Swedespeed)

Quote, originally posted by Chris@Swedespeed »
how 'out of the way' is the dealer? Can you stop by and just get your car from them?

They are closest dealer to me, 85 miles, 90 minute drive.

But, dealer called today, I'm picking my car up tomorrow, only thing I'm paying for is a $60 DRL software download that didn't work (which normally I wouldn't pay for either, but I just want my car back).

Still need to get 4C fixed, headlights pointing up, dash rattle fixed, digital jukebox whine fixed...

Over a month later, they did swap out the phone for the cupholder supposedly. $5 says there is a cubby hole instead of the cuphollder...


Funny, Volvo wouldn't pay to fix the 4C system, but they are gonna pay quite a bit for a rental (I'm guessing the dealer is going to bill at least $750).

BTW, Mercury Milan is a decent car - peppy, handles and rides nice. MUCH better than the GM rentals I've had recently.
 
#19 ·
Re: The horrible dealer saga continues... now seeking legal advice... ("R" Kelly)

Bad memories!

Good luck, just remember this is David v. Goliath and Moss-Magnusson doesn't help you as much as you might think. VCNA has all day and plenty of money to make you go away. Plus you're an enthusiast, less than 1% of their customer base... Though given the scale of this you might have luck with it. Hope it works out for you, seriously.
 
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top