I know, which is why I am putting my foot down because I KNOW what I want and what is NEEDED at minimum. For right now, until we investigate all the legalities, them to "may or may not" take what I want is not an option. They will.
Another sad day in the history of our Cobras...
- Thread starter Z20WHAT
- Start date
I know, which is why I am putting my foot down because I KNOW what I want and what is NEEDED at minimum. For right now, until we investigate all the legalities, them to "may or may not" take what I want is not an option. They will.
Few months back there were few guys the had there car serviced and ran into the same problem with over heating. I cant remember who it was but each time they took it from the dealer it overheated.
Good luck and stick to you guns and dont just say fine already and want to drive the car.
Good luck and stick to you guns and dont just say fine already and want to drive the car.
A head gasket is NOT going to fix your motor fight as much as possible to get the job done right!! spend some cash on a laywer it will help in the long run!
That is why my first line read
"Do not record the conversation unless you tell them that you are recording and they agree to the recording of the converaation on tape."
It is admissable in court. That is why they used the Linda Tripp tapes in the impeachment trail. It can just come back to haunt you both criminal and Civil court. You have to have permission and have that permission on the tape. This is something fairly well versed in. :thumbsup:
Eric
That was the phrase I was looking for.. Thanks...
Eric
I am just going to pray that, in the end, you have the car that you started with. I think that's all any of us can do now.
I certainly know that this makes the little problems I've had to date seem trivial.
Bruce
I certainly know that this makes the little problems I've had to date seem trivial.
Bruce
Here is some info on recording conversations in Virginia.. I still would not do it..
Va. Code Ann. § 19.2-62: Despite the fact that it is generally a felony to intercept or disclose the contents of any wire, oral or electronic communication under state law, the recording or disclosing of communications by a party, or with the consent of a party, is specifically permitted.
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Va. Code Ann. § 19.2-61; Belmer v. Commonwealth, 553 S.E.2d 123 (Va. App. 2001).
Criminal penalties for violations of the law include imprisonment of not less than one year, but not more than five years, or imprisonment for not more than 12 months and a fine of up to $2,500. Va. Code ann. § 18.2-10. Civil actions are authorized for recovery of actual damages, $100 for each day of violation or $1,000 — whichever is greater. Punitive damages, attorney fees and litigation costs can be recovered as well. Va. Code Ann. § 19.2-69.
Va. Code Ann. § 19.2-62: Despite the fact that it is generally a felony to intercept or disclose the contents of any wire, oral or electronic communication under state law, the recording or disclosing of communications by a party, or with the consent of a party, is specifically permitted.
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Va. Code Ann. § 19.2-61; Belmer v. Commonwealth, 553 S.E.2d 123 (Va. App. 2001).
Criminal penalties for violations of the law include imprisonment of not less than one year, but not more than five years, or imprisonment for not more than 12 months and a fine of up to $2,500. Va. Code ann. § 18.2-10. Civil actions are authorized for recovery of actual damages, $100 for each day of violation or $1,000 — whichever is greater. Punitive damages, attorney fees and litigation costs can be recovered as well. Va. Code Ann. § 19.2-69.
You could probably get away with it IF you were in the middle of the service area and you were both yelling at each other, or other similar circumstances. No expectation of privacy there, BUT
if you both went into the service managers office and closed the door, I don't think it would fly.
In the office, with the door closed, one has a "reasonable expectation of privacy".
And has been stated above, I wouldn't do it.
Take lots and lots of notes.
Dana
Yea I believe I read that along time ago but forgot but that still doesnt mean that a person cant check with there attorney. And as you said people might not know ones background and ties Just as mine.
Dana is a great person, I believe just like myself just bringing up anything that could be a problem or could be helpful.
Ok, in a nutshell, the lawyer said this will be a 2-phase operation. First, it must be determined what extent of damage has been done, which will require a complete tear down. The body shop should pay for this inspection, and if they insist on us taking the car to Ford, then so be it. Let them pay Ford just to take a look (which will be expensive).
Second, we must then get estimates of the cost to repair or replace the damaged engine and/or components. Ford will give their estimate, and we are free to get other estimates from other qualified mechanics.
Either they agree to this process, or they don't. They've already insisted we take the car to Ford, so I think we have agreement.
We confirmed that Tony has the right to have the car fixed wherever he chooses. The body shop has the right to pay the average of 3 estimates. If Tony's shop costs more than the average, then the overage comes from his pocket.
Tony also has the right to ask for a rental car (compensation for consequential damages).
Tony has written the body shop asking for a Ford inspection/tear down at the body shop's expense. He has stated he will also provide other estimates from other mechanics. The car is to be towed by FORD to the dealership at the body shop's expense. He has asked for a rental car until his car if fully repaired/restored. The body shop is not to do any further mechanical work/inspections/etc. He informd them that State Farm has been made aware and will be following the progress; and he also stated that he is writing them based on a conversation with a lawyer. (That should get their attention.)
If they don't agree to any of this, then we must either retain the attorney and sue in court, or hammer out another proposal.
If they do agree, then the Ford estimate will work to our advantage because it will likely be the highest in the land. Our mechanic is confident that Ford will simply choose to replace the engine, rather than fix all the damaged components. Once we have the info from Ford, we then present the body shop with the estimate from our mechanic, which is less than 1/2 of what we think Ford's will be.
Now we wait for their answer.
Second, we must then get estimates of the cost to repair or replace the damaged engine and/or components. Ford will give their estimate, and we are free to get other estimates from other qualified mechanics.
Either they agree to this process, or they don't. They've already insisted we take the car to Ford, so I think we have agreement.
We confirmed that Tony has the right to have the car fixed wherever he chooses. The body shop has the right to pay the average of 3 estimates. If Tony's shop costs more than the average, then the overage comes from his pocket.
Tony also has the right to ask for a rental car (compensation for consequential damages).
Tony has written the body shop asking for a Ford inspection/tear down at the body shop's expense. He has stated he will also provide other estimates from other mechanics. The car is to be towed by FORD to the dealership at the body shop's expense. He has asked for a rental car until his car if fully repaired/restored. The body shop is not to do any further mechanical work/inspections/etc. He informd them that State Farm has been made aware and will be following the progress; and he also stated that he is writing them based on a conversation with a lawyer. (That should get their attention.)
If they don't agree to any of this, then we must either retain the attorney and sue in court, or hammer out another proposal.
If they do agree, then the Ford estimate will work to our advantage because it will likely be the highest in the land. Our mechanic is confident that Ford will simply choose to replace the engine, rather than fix all the damaged components. Once we have the info from Ford, we then present the body shop with the estimate from our mechanic, which is less than 1/2 of what we think Ford's will be.
Now we wait for their answer.
Sounds like a plan! Good luck, Im sure things will work out for you.
When I had my 97 cobra, I went through a similar scenario in 2001 with Ford, who had worked on the car.
What they told me is that they don't fix Cobra motors, they replace them, which is what they did with me.
This may not be such a bad idea anyway. If they end up giving you a factory rebuilt motor, it will come with a factory warranty.
So, you might want to consider letting them take it to Ford
What they told me is that they don't fix Cobra motors, they replace them, which is what they did with me.
This may not be such a bad idea anyway. If they end up giving you a factory rebuilt motor, it will come with a factory warranty.
So, you might want to consider letting them take it to Ford
Thats probably going to be the best thing for all involved. Less labor costs, less downtime, less tempers flying, and less headache (if there is such a thing in this case)
Phew! I must have gotten lucky. I flushed my engine coolant last summer and filled from the coolant tank inlet only. I did burp the motor from the crossover tube though and everything worked out fine.
Next time I'll follow the Ford service manual (just received, well worth the $150).
Good points. :beer:
Tony and Rhonda,
It sounds like you guys are doing well with the situation. Good luck with the lawyer's recommendations. They sound very fair.
Last edited:
Okay guys, here’s an update and it looks to be good:
I’ve finally spoken with the owner of the shop and to be honest he is quite a guy. He’s very nice, personable, and willing to work with me.
The bottom line was he’s willing to do what I feel is necessary as far as replacing the motor or rebuilding it and having whoever I want do the work. It’s just a matter of letting him know so he can choose to pay out of pocket or use his insurance company. He tried to assuage the situation by letting me know he’s never had to use his insurance and has not had 1 dissatisfied customer in his 35 years of working, and isn’t about to let that rep go over 1 car, no matter what the cost. So that made me feel better. He offered to get a new longblock from Ford at his special price, which is something ridiculously low like $4k. I explained to him it was my understanding that a new engine cost roughly $12k. He understood but explained that it includes EVERYTHING to make it a drop-in motor which would not be necessary in this instance. He was willing to replace the longblock and any pumps and reuse my old intake, etc. He just requested that he keep my old one so he can repair it and he’d probably use it as a special project for an old hotrod or something.
I called my shop and basically they agreed that this is probably the best option to keep everyone happy and to get it done quickly. My shop said they’re willing to work with the body shop if there are any questions, concerns, and if I just want them to check up on the work/progress to ensure it’s done correctly. They told me they’re probably capable of doing the work just fine and they’ll make sure. My shop also suggested that I should go ahead and order a Spec stage III clutch and throw it in while the motor is apart and everything. They said the supercharger should be fine, as they’ve never heard of one going bad yet and that they’re fine even without the intercooler. We’re going to iron out all the details later.
I’m just getting you guys an update and a chance to respond with anything I should possibly know or may have missed. I think I’ll go ahead with this approach and see what happens. Looks like I’ll have my car back soon enough.
I’ve finally spoken with the owner of the shop and to be honest he is quite a guy. He’s very nice, personable, and willing to work with me.
The bottom line was he’s willing to do what I feel is necessary as far as replacing the motor or rebuilding it and having whoever I want do the work. It’s just a matter of letting him know so he can choose to pay out of pocket or use his insurance company. He tried to assuage the situation by letting me know he’s never had to use his insurance and has not had 1 dissatisfied customer in his 35 years of working, and isn’t about to let that rep go over 1 car, no matter what the cost. So that made me feel better. He offered to get a new longblock from Ford at his special price, which is something ridiculously low like $4k. I explained to him it was my understanding that a new engine cost roughly $12k. He understood but explained that it includes EVERYTHING to make it a drop-in motor which would not be necessary in this instance. He was willing to replace the longblock and any pumps and reuse my old intake, etc. He just requested that he keep my old one so he can repair it and he’d probably use it as a special project for an old hotrod or something.
I called my shop and basically they agreed that this is probably the best option to keep everyone happy and to get it done quickly. My shop said they’re willing to work with the body shop if there are any questions, concerns, and if I just want them to check up on the work/progress to ensure it’s done correctly. They told me they’re probably capable of doing the work just fine and they’ll make sure. My shop also suggested that I should go ahead and order a Spec stage III clutch and throw it in while the motor is apart and everything. They said the supercharger should be fine, as they’ve never heard of one going bad yet and that they’re fine even without the intercooler. We’re going to iron out all the details later.
I’m just getting you guys an update and a chance to respond with anything I should possibly know or may have missed. I think I’ll go ahead with this approach and see what happens. Looks like I’ll have my car back soon enough.
Sounds like things are working out for you. Glad to hear it.
Bruce
Bruce
That sounds prefect. I buy that guy a beer some night. It nice to see that when problems arise that people do the right thing.
Sounds like a winner, and like Cobra10th said, buy that guy a beer!
Sounds like things are on track. Keep up the good lines of open communication with them.
Best of continued luck.
DonPablo....fellow NOVA 03 Snake Driver
Best of continued luck.
DonPablo....fellow NOVA 03 Snake Driver
Users who are viewing this thread
