2005-2009 Mustang Information on The S197 {Gen1}

Sueing Ford....

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Old 1/30/08, 08:14 PM
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Sueing Ford....Battery issues

Well I think we all know about how the 05-08 Ford Mustang's are having some issues with the batteries setting for a couple to a few days and they want to kill over. So it hasn't quite been 3 years since i bought my car. April of 2008 will be 3 years; although i have met the 36,000 Miles Warranty for the Bumper-to-Bumper. So i was checking in the handbook b/c my battery wants to die if it sets 2 days without being drove, to see what it said about the Battery Warranty.
According to my Owner's Manual Books, the Battery has a 3 Year Free Replacement Warranty and Prorated for 100 Months, Unlimited Miles.
I contacted my Ford Dealership and they were saying that it was covered with the Bumper to Bumper Warranty. Well the called Ford to make sure and Ford was saying "yes only vaild up to 3 years or 36k miles". The handbook didn't say anything about 36k but it said Unlimited Miles. We called Ford directly and talked to them and they were saying that our Warranty started in November of 2004. We told them that the Warranty didnt' start till we purchased the car in April of 2005. (Car was not ordered). So we told them that we would see them in court since they didn't want to live up to their word.


Ford has a major problem with all the Ford Mustangs and their batteries killing over. And one way to make this addressed is to make Ford Realize this. All I wanted was my battery replaced;

So I was wondering what everyones thought is on this??
Old 1/30/08, 08:23 PM
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Seems like a lot of work and aggravation over a battery. I understand the principle of it, but I'd just go buy a battery and not darken that dealer's doorway again. I'd be more concerned with why the warranty was activated 6 months before you bought your car.
Old 1/30/08, 08:31 PM
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buy a battery and enjoy the car, by the first time you step into court you will have spent more money. i also understand the principal but wouldnt want tobe bothered. also the best advise, dont get active anti theft, my car sits for months without a recharge.
Old 1/30/08, 08:33 PM
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Heck, I say go for it. Lord knows Ford has been sue happy lately.
They need to be forced into some responsibility for the problems with their cars, and if nobody ever forces them to do so, then they'll never learn to do the right thing and accept their duty to make things right. Then we'll keep getting stuck w/ cars with unresolved problems.
Look at the gas tank issue and all the people with the problem w/ both the original and redesigned tank. After they put a new tank on Ford's been saying that there's nothing more that they can do and then blaming gas pumps. That's wrong.
Old 1/30/08, 08:44 PM
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blaming gas pumps is not totally wrong, not necasserily is it the pumps fault but the attendant at the station not properly caring for them. i know because i worked at a station for 5 years. its how it works

Having these batteries go dead is not a problem. its called maodern cars, they have electronics working in them at all times ESPECIALLY active anti theft... ACTIVE, its on when its armed, which means it uses power. then the stadnard thing is for the battery to create a memory whe this happens the battery is junk because batteries produce electricity by a chemical reaciotn, and there is no perfect reaction.

i understand the principal. and if the warranty book claims that your battery is covered, then go for it if you want to burn the time and energy, but i would rather have the car running and go out for a dirve then sit in the court room. thats my thoughts, i understand why you would want to sue ford, but i would just go get myself an optima dry cell and call it a day.
Old 1/30/08, 08:45 PM
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I would try the BBB.org or write a letter to the CEO before taking the matter to court. In your letter to the BBB.org or CEO, dates are important. With any big company, they are always going to have idiots for employees. A letter to the CEO has worked for me in the passed. I do not remember the CEO's name but it was to Gateway and I did get the result I wanted which failed previously with about 100 hours on technical support phone.

I personnaly have nevered taken anyone to court. I have no idea how to take Ford to court. Do you have to goto Michigan or can you have the case settle were you live (like Kentucky)?
Old 1/30/08, 08:50 PM
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Stay Calm!!

I had the same problem with my car. After about the first year and a half I had the dead battery isssue. The car would sit for about 3 days or so and would not start. Usually this happened if I used my other car because of bad weather or I was off from work and didn't go out. The dealer I had was great about the issue. They kept the car for about week so they could find what was wrong. I used to work at the dealership so I know the service manager and some of the tech's. The would give me a call every couple of days to let me know what the status was. The had to keep it for so long because it was actually working the first several times they tried to start it. But they kept asking to keep it so the could find out what was wrong. At the end of the week they found that my Shaker 1000 sub amp had a short so they replaced it under warranty and gave it a free detail when I came to pick it up. I bought a Optima yellow top battery right after and have not had a problem since. I take it to a dealer a good distance from home because I know they do good work and actually want to fix stuff. Can't say that about the dealership here in town.

Sorry about the long post but maybe you should try a couple different dealers and see who want's to help you out. It might be a trip but worth it if they want your business and want to keep you happy.

And the dealership I still go to is Hammonton Ford and Mercury.
Old 1/30/08, 08:50 PM
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Originally Posted by Cheese302
blaming gas pumps is not totally wrong, not necasserily is it the pumps fault but the attendant at the station not properly caring for them. i know because i worked at a station for 5 years. its how it works
In some cases, maybe. But I'm talking about when you take 100 cars to a gas station and they all pump fine, but when a Mustang will only take gas at 1/2 the stations in town - then you can't blame the pump.
Old 1/30/08, 09:01 PM
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Originally Posted by Cheese302
buy a battery and enjoy the car, by the first time you step into court you will have spent more money. i also understand the principal but wouldnt want tobe bothered. also the best advise, dont get active anti theft, my car sits for months without a recharge.
I don't know about anywhere else, but in the State of Kentucky, in small Claims court, If we Win the Case then we will be out nothing and Ford will have to pay all fees + the battery.
Old 1/30/08, 11:09 PM
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You think fords lawyers are going to even let that go to court? Some how they will make it your fault, and make you look like an idiot in front of an entire courtroom. I also don't recommend going directly to the CEO of Ford. Try calling the warranty hotline, about both the battery and warrany issue. I had my rear brake pads replaced after 12 months (out of warranty) by staying calm and stating my case with them.
Old 1/30/08, 11:20 PM
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Originally Posted by Pitch Black
So we told them that we would see them in court since they didn't want to live up to their word.
Ford's response will be:
Old 1/30/08, 11:42 PM
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In Shakespeare's words its "much ado about nothing"...
Old 1/31/08, 12:19 AM
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Just go buy a dang battery, seriously. Less than 100$ than who gives a flying .... well nvm
Old 1/31/08, 06:55 AM
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Based on what you stated, I think a Small Claims Court case sounds reasonable.
The cost is "relatively small" and something doesn't sound right with activating the battery warranty 6 months before you got it. While we have become
sue crazy, sometimes it is the right thing to do and I give you credit to stand up for your rights -
Old 1/31/08, 08:28 AM
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mines been parked for 2 months and i jsut opened the door and started it yesterday for the first time since storage
Old 1/31/08, 08:51 AM
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I locked my doors by hand while my car is inside for the winter so that the factory alarm doesn't drain the battery. I've started it a few times in the past few months with no issues.
Old 1/31/08, 08:53 AM
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Originally Posted by Pitch Black
I don't know about anywhere else, but in the State of Kentucky, in small Claims court, If we Win the Case then we will be out nothing and Ford will have to pay all fees + the battery.
true, but what if you lose? i am not sure what jersey small claims law is, but i wouldn't even bother for a battery, because in the end i dont think it's a problem with the car. Good luck though, i hope you win if you go through with it.
Old 1/31/08, 09:37 AM
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it's a battery.
It is a consumable
get over it - buy a yellow to Optima and go on with life
Old 1/31/08, 09:43 AM
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Ah... another sue happy person wanting to start a frivilous lawsuit. Isn't our legal system great.
Old 1/31/08, 09:54 AM
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I say buy another battery and take them to small claims court for the dealer price of the battery. It costs you almost nothing, no lawyers involved (I'm not sure about in NJ).

Here is the kicker.. who gave you the waranty. If could be covered by both the battery waranty and the bumper to bumper waranty. If the battery is made by company X and warantied by company X (not Ford) then that waranty may have started when the battery was sold to Ford and you wouldn't sue Ford, you would sue the company that has the waranty that wouldn't honor it. If the battery is a Ford battery and it has its own waranty (seperate from the bumper to bumper) then it shouldn't start until your purchase it from Ford.

I don't see this as waste of the courts time like when someone sues because of their own negligence. This one is a breach of contract.


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