filing an arbitrary through toyota... they're sending me papers

 

FIGHT!

 

i should have been more aggressive when he was talking to me instead of just being.. yeah yeah... sure...

 

....FIGHT!

seriously dont let them push you around.... get in there face and make em pay for it.

 

man im having the same problem with my shifter too.. i dont have a short shifter but sometimes i cant get into any gear and it feels like the clutch is stuck on something.. sometimes even when i try to put it in reverse.. which apparently is up now right?? lmaoo anyways i hope i dont go through what ur going through.. goodluck with the fight!

 

I had to go through all the same bull ish with toyota when my celica Gt-S motor blew, well they didnt want to cover the 7grand cost of the engine so they voided my warrenty due to all the parts

sure enough got a lawyer, went through months of back and forth and at the last day before the court date they paid for it....


DONT GIVE UP!

 

how much did u spend on your lawyer?

 

yea dude dont give up....

 

So after 2 months of dealing with the NCDS and all these letters toyota is trying to send to these guys making it sound like it was all my fault... they came to a decision today

"The Customer's request for the transmission to be repaired is hereby AWARDED."

We have reached this unanimous conclusion because the Customer asserted, and the Manufacturer failed to disprove, that the condition present is due to a Manufacturer defect in material or workmanship.

YAY!! NEW TRANNY!!!

 

awesome. i didnt read the whole thing, but if it truly is Scions fault, then job well done.

I did this same thing with GM on my Cobalt and won, they bought my entire car, which was why i bought the scion.

GOOD JOB!

 

lol its cause of what their tech said.. it didnt follow up with what the car actually can do.. he said he heard my engine screaming when he was going to work that one day when he followed me.... but if u think about it.. our cars can barely go 55 on 2nd gear.. and only at 4500 rpm on 3rd gear.. so i dont know what the hell he was hearing... and he said i was racing.. during rush hour.. lol...

 

congrates!!

 

That's the opposite of how it's supposed to work in the legal world. The burden of proof is supposed to be on the accuser, and in this case the customer didn't prove anything, it was only an accusation.

 

i proved that the tranny had problems in 3rd gear.. they failed to prove that it was abuse and failed to prove that it was the short shifter's problem... lol im studying about the legal system right now at school and it wouldnt make any sense if the accuser had to show proof... it makes more sense if the accused has to prove that its not their fault... hence... the they are known as the defendant..

 

Actually, in the Automotive world, the accuser would have to prove that the short shifter caused the problem.

http://en.wikipedia.org/wiki/Magnuson-Moss_Warranty_Act

 

wait wait... the accuser... would be me... wouldnt it? im saying that its the manufacturer's tranny was defective and its them to say that its the short shifter's problem... why would i have to prove that the short shifter caused the problem? wouldnt that be digging my own grave?

 

^ Not quite what I meant. You didn't prove it was any more of a defect than they did that it was due to the short shifter. The thing is, this potentially sets an important precedent. If anyone else thinks they have an issue such as yours, they can now cite your case as an example. Imagine if you were Toyota/Scion...it's like admitting you have a potential defect in all tC transmissions. I'm glad you're getting it fixed free, but just a bit surprised that they made the statement you posted, that's all.

 

oh toyota didnt make the statement that i posted... the third party did (NCSD)... i was saying the tranny was a manufacturer defect... which im surprised that it is because this is the second tranny they gave me.. the first one had the same problem