Today we surrendered the car to the Nissan dealership. Surrendered. That's the word they used. It sounds so defeated. I was a valient soldier in the War of the Lemon Cube. I won the Battle of the Arbitration but Nissan won the whole war in the end. I'm sorry for them though. I mean that truly. I think of the Bolsheviks who won the revolution, but what did they really win? What did they do with what they won? They simply opened themselves up morally to face charges of crimes against humanity and became accountable to God (one day) for their horrors wrought upon mankind.
Nissan is nothing really. They make cars. A car. It gets you from point A to point B. That's a good thing. But when they make a mistake, they don't own up to it. They don't treat their customers respectfully. They try to squash them, they lie, hope to wear them down so they'll give it up. They never apologize and they don't make the situation right.
Let's pretend Nissan was a teenager.
Mother: Nissan, did you make a mistake and make a broken car?
Nissan: No.
Mother: Are you sure? It's not working right.
Nissan: It looks fine to me.
Mother: Well, I tried to start it and it wouldn't go. Later it started up all by itself. That's not good, is it?
Nissan: Well it never does that to me. If I don't see it do that,then I don't believe you. You probably are just too dumb and don't know how to do it right. Why don't you read the owner's manual and look at the page that tells you how to start a car.
Mother: Listen here, Nissan. I've been starting cars for 25 years. I'm not so dumb as you think.
Nissan: Yeah, but you're old fashioned. You don't know how to go from a key-turned ignition to a push button.
Mother: My 1974 Saab was a push button, you little stinker. It's not that tricky. Now, what are you going to do about the broken car? You can either fix it or replace it.
Nissan: Ummm, how about if I give you an extended warranty?
Mother: Do you hear how silly that sounds? What good is an extended warranty on a broken vehicle?
Nissan: Well, it's an awesome warranty. 100,000 miles, free oil changes and tire rotations.
Mother: Does that mean that I'd have to keep taking my vehicle in for 100,000 miles with the same problem instead of just the 36,000. No, I really don't want that. I want you to fix the car or take it back.
Nissan: Ummm, do you know how stupid that is? I'm offering you something awesome and you're saying no. If someone pulled up to your house with a car full of diamonds and offered them to you, would you say no? This is a car full of diamonds! Don't be stupid!
Mother:This conversation is over. You don't talk to me like that.
Nissan: Take it or leave it.
Mother: Just fix the car.
Nissan:No.
Mother:Then take it back.
Nissan: No, make me.
Mother: Okay, I didn't want to have to involve your father in this, but here we go.
Father: (Arbitrator) What's the deal here? What's all this back and forth he said she said?
Mother: Nissan made a broken car and won't fess up and take it back.
Father: Is that true Nissan?
Nissan: No. She's just stupid and doesn't know how to start a car.
Father: Do you have proof it's broken?
Mother. I do. Here are my videos, and my firends are here to tell about when they saw it start all by itself.
Father: Nissan, you clearly made a broken car. You need to take it back.
Nissan: Alright, alright. But I'm not giving the money back. In fact, I'll make you pay!
Mother: I don't think so.
Nissan: You'll see. You think you've won , but you haven't.
Mother: Okay, Nissan. Did you get all the money that I paid for car ready?
Nissan: No. And Dad told me that I don't really have to give it back to you. By the way, I want my allowance please.
Mother: You're nuts. You're not getting a thing.
Nissan: Then I'm going to make your life miserable. I'm sending you a bill for $3,000.
Mother: For what, may I ask?
Nissan: For ticking me off. I'm going to charge you for using the car, for everything I can think of. Mostly it's to show you that I'm not sorry and I'm not giving you a penny.
Mother:We'll see.
Nissan: Hey what's the deal? Why are all your stupid friends and family writing me all these e mails?
Mother: Because they're really appalled at how horrid you,ve been. They said they'll never buy a car from you.
Nissan: Well, I just blocked everyone! I couldn't care less what they think.
Mother: IS that why you sent me a new lower bill?
Nissan: Maybe. But y ou'd better pay me that money. I still want my allowance too.
Mother: You know, I' think that somewhere someone has failed you. You have an enabling father, an enormous sense of entitlement, you make up all your own rules and you have no moral character. You haven't even apologized for all this mess.
Nissan: And I won't either. And if you press it, I'll just say it, but I won't mean it.
Mother: Look, I've been thinking hard about this. I'm going to pay you your money that you're demanding. And then, I'm kicking you out of thie house forever. You are a pathetic, dishonest person. Did I say person? You aren't even human. You have the weakest and worst kind of character. Time will tell, liitle Mr. Nissan. You can't keep this up forever. I don't care how cute you are, how clever you are, or how nice you dress. Eventually, too many people will figure you out. They always do. You'll shoot yourself in the foot somewhere else.
Nissan: How about I get you into a new car at my cost.
Mother: Out!
Nissan: It's a good deal.
Mother: Out! Take your money and be sure that you are not invited for Thanksgiving!
Now that's some tough love!
Friday, June 3, 2011
Tuesday, May 31, 2011
Not all car dealers are crooked. In fact some of them are awesome!!!
I really needed this right now. I needed to meet a good dealership! I needed to get the icky dealer residue off and regain my trust in people again and I did. So obviously we needed to buy another car. Jose called me on Friday just before I left from work to tell me to meet him at Larry H Miller's in Provo where there was a tremendous used car sale. The salesman, Lee and his sales manager were honestly amazing. They got us a great car for a couple of grand under blue book. However, when we hit a glitch in financing (our Cube is still on our debt side of our credit and no one wanted to give us another loan at a decent rate) they knocked another grand off the price so we could get the car. They were never pushy. They really worked hard, especially Sherry, the business manager. She was so kind and worked nonstop to get us the best loan rate. No one made us feel bad, tried to convince us to buy more than we could afford and they were just really decent people. They agreed to fix some pretty spendy things on the car including getting us a second key! When we popped back into sign the new paperwork, Lee even offered us some of his french fries.
I don't think that they earned any money on this car. But what they did earn was a customer with a big mouth. I want everyone to know that for all the horrible Nissan is and was, the Larry H Miller group has been fabulous, honest, generous and so human!!! And we have a super car!!
I don't think that they earned any money on this car. But what they did earn was a customer with a big mouth. I want everyone to know that for all the horrible Nissan is and was, the Larry H Miller group has been fabulous, honest, generous and so human!!! And we have a super car!!
Friday, May 27, 2011
Now that's fast!!!
So yesterday I wrote my little post wondering when Nissan would ever take my car back..... and would you know? I got a call around 2:30 from the third party who manages the retaking. You just never know who's watching, reading, etc. Friday at 9:00 am at the Ken Garff Nissan dealership where the whole nightmare started. I will be there with my $1213.10 check with something meaningful written on the memo line.
Thursday, May 26, 2011
Helllllooooooo?
A hypothetical letter.....
Dear Nissan,
Where are you?
I still have the car. Putting miles on it.
It's May 26th and 51 days have passed since the arbitration. The representative on the phone said that we should keep making our car payments. When we balked, she promised that Nissan would give them back after we surrender the car. Somehow, we just didn't believe her. We asked for her to put it in writing. She never called back.
Well, at least I'm doing my level best at passive advertising a defective product. My husband says it's embarrassing and would I please scrape the vinyl lettering about the defective Cube off the back window?! I say, not yet. Let's just let a few more thousand people get a chance to read it.
So, we have decided that we'll take the ding on our credit. Although I'll for sure send a copy of the arbitration order to the credit bureaus. And now I have to think about getting a new car. Will I be able to get credit?????? Argh.
Nissan, you're past the due date on the arbitration order. You've made the last 8 months of my life so hectic and wrecked. I loathe you. Even the sound of your name makes me cringe and recoil.
But this all comes down to integrity in the end. I feel good about how I treat others and I haven't had to shift my moral code all around to do it. I have a faith in an afterlife where we will all come face to face with the creator of us. I don't want to say that this moment will be the end-all- be-all of what we did in this life, but it will be an opportunity to reflect back in a way that is free of false memories, misconceptions and forgetfullness. I believe that we will be able to see and feel the impact of our actions in this life. I have a few things I'm not looking forward to, some people I have offended and slighted, I am sure.
But Nissan people and other big business people who squash innocent folks, do you look forward to that day of reckoning? Do you wonder what it will feel like to feel the pain of everyone you hurt in this life? Will you be uncomfortable when it's impossible to talk your way out of it or try to use logical and legal arguments ina place where they don't hold water? In a place where only the moral and ethical good that you do counts, what will you have to bring to the table? Do you think that a simple sorry will suffice and off you go?
Scarier yet, will you even feel sorry?
Well, I won't waste your time with my philosphy of what happens to bad people. You don't care, believe in it or even have time to read this. But you also won't be able to say I didn't warn you. See you in a few decades in the after life. I've got you in my planner!!!
Dear Nissan,
Where are you?
I still have the car. Putting miles on it.
It's May 26th and 51 days have passed since the arbitration. The representative on the phone said that we should keep making our car payments. When we balked, she promised that Nissan would give them back after we surrender the car. Somehow, we just didn't believe her. We asked for her to put it in writing. She never called back.
Well, at least I'm doing my level best at passive advertising a defective product. My husband says it's embarrassing and would I please scrape the vinyl lettering about the defective Cube off the back window?! I say, not yet. Let's just let a few more thousand people get a chance to read it.
So, we have decided that we'll take the ding on our credit. Although I'll for sure send a copy of the arbitration order to the credit bureaus. And now I have to think about getting a new car. Will I be able to get credit?????? Argh.
Nissan, you're past the due date on the arbitration order. You've made the last 8 months of my life so hectic and wrecked. I loathe you. Even the sound of your name makes me cringe and recoil.
But this all comes down to integrity in the end. I feel good about how I treat others and I haven't had to shift my moral code all around to do it. I have a faith in an afterlife where we will all come face to face with the creator of us. I don't want to say that this moment will be the end-all- be-all of what we did in this life, but it will be an opportunity to reflect back in a way that is free of false memories, misconceptions and forgetfullness. I believe that we will be able to see and feel the impact of our actions in this life. I have a few things I'm not looking forward to, some people I have offended and slighted, I am sure.
But Nissan people and other big business people who squash innocent folks, do you look forward to that day of reckoning? Do you wonder what it will feel like to feel the pain of everyone you hurt in this life? Will you be uncomfortable when it's impossible to talk your way out of it or try to use logical and legal arguments ina place where they don't hold water? In a place where only the moral and ethical good that you do counts, what will you have to bring to the table? Do you think that a simple sorry will suffice and off you go?
Scarier yet, will you even feel sorry?
Well, I won't waste your time with my philosphy of what happens to bad people. You don't care, believe in it or even have time to read this. But you also won't be able to say I didn't warn you. See you in a few decades in the after life. I've got you in my planner!!!
Tuesday, May 10, 2011
In the late after noon, another offer
Yesterday I had a lengthy conversation with the BBB. I am beginning to realize something. When you sign your new purchase contract with a car dealer, the provision that you must arbitrate through the Better Business Bureau is there in the contract. At the time it looks like a good thing. But it is becoming more evident that the Better Business is Bureau is just that. To make it better for the business. Even if the consumer wins the arbitration, the business is not compelled to do anythng that causes a financial loss for them. The Better Business Bureau spouts the same double talk and ...oh.. I get it... why would the manufacturer want to steer you into a direction that would not be advantagious for themselves? THEY WOULDN'T. So, if you look at the Better Business Bureau's ratings for known scumbag businesses, you will see all these 4 star ratings. They claim that due to the high volume of business, the amount of grievous bad practices just don't make enough of a dent to fail getting a star. To me that's like saying, this criminal only robbed/raped/mugged one person and since there are so many people in the world that he could have also robbed/raped/mugged, he's not that bad.
The new offer from Nissan. We still have to pay. Only it's $1200. instead of $3,000. I'm still missing the part where they say sorry and give me my money back.
The new offer from Nissan. We still have to pay. Only it's $1200. instead of $3,000. I'm still missing the part where they say sorry and give me my money back.
Saturday, May 7, 2011
No news so far but....
I never heard anything from Nissan yesterday so it looks like it'll be Monday morning. I did inform the BBB that we have interviews lined up Monday afternoon with 2 tv stations so we need to get the offer we want. Actually, they aren't interviews as much as a cool news story. we have a nice publicity stunt ready! I Sort of hope we get to do it because I'm ready to unleash this anger, but, then again, I'd really rather they just buy my car back and send me an apology letter. Hmmmm. No one has said sorry yet.
Friday, May 6, 2011
News from the BBB
Yesterday I picked up my car from the Nissan Dealership for the last time. I faxed the repair order to the BBB and requested them to add a fourth repair order to the list. Today I received a letter from the BBB. Here it is:
Dear Ms. Silva,
We are working with Nissan to provide new figures for their offer for repurchase. The arbitrator did award you a non lemon law repurchase, however, it appears Nissan is willing to offer more than the awarded amount.
We have asked for a revised statement of amounts from Nissan and we will contact you as soon as this is received.
Nancy C. Loader | Senior Director, DR Programs, Policy and Service
I want to celebrate, but I know better than to do that. I can't help but think that all the letters have made a dent in Nissan's hardnosed exterior. Cross fingers!!!!
Dear Ms. Silva,
We are working with Nissan to provide new figures for their offer for repurchase. The arbitrator did award you a non lemon law repurchase, however, it appears Nissan is willing to offer more than the awarded amount.
We have asked for a revised statement of amounts from Nissan and we will contact you as soon as this is received.
Nancy C. Loader | Senior Director, DR Programs, Policy and Service
I want to celebrate, but I know better than to do that. I can't help but think that all the letters have made a dent in Nissan's hardnosed exterior. Cross fingers!!!!
Thursday, May 5, 2011
Picked up my car today
I'm just exhausted. This whole thing is aging me and I'm still trembling (literally, my hands won't stop shaking). it's like I'm still in shock and I can't get out of it. I can't eat much and my mind and body are so frazzled. I have made contact with two tv stations who are interested in our case and we will be making this whole thing public very soon. I just need this to get resolved.
Another letter to Nissan
Brian Carolin Senior Vice President of Sales and Marketing
My friend Nicole Silva has made me aware of a problem she is having
with your customer service: case number is CA File 7071044 and Vin
number is JN8AZ2KR2AT. It doesn't seem fair that you demand that they
pay you the cost of depreciation when they have won the arbitration
and Nissan was ordered to buy back the car.
Although I once happily drove a Nissan Sentra for 14 years, I am glad
that I have switched to a Suburu. After hearing about this case of my
friends, I doubt that I will ever switch back to Nissan in future car
purchases. Sorry.
I hope that you can help my friends with a better solution for their
problem.
My friend Nicole Silva has made me aware of a problem she is having
with your customer service: case number is CA File 7071044 and Vin
number is JN8AZ2KR2AT. It doesn't seem fair that you demand that they
pay you the cost of depreciation when they have won the arbitration
and Nissan was ordered to buy back the car.
Although I once happily drove a Nissan Sentra for 14 years, I am glad
that I have switched to a Suburu. After hearing about this case of my
friends, I doubt that I will ever switch back to Nissan in future car
purchases. Sorry.
I hope that you can help my friends with a better solution for their
problem.
Letters, letters letters
Thank you again for all the letters. If you would like me to post you r letter too, send it to me. I'm not putting any names on them for many reasons, but I really do love the letters and I hope Nissan is too.
A great letter written by a great friend
To the Muckety Mucks at Nissan,
I owned a 1980 something Nissan Sentra Wagon in the 1990s. It got great gas mileage and served our family well. However I will never, ever, buy another Nissan and I will tell all my friends and family never, ever, to buy a Nissan.
My friend Nicole has had trouble with their Nissan Cube since they bought it. In her own words:
"We bought a Nissan brand new last year and it has had so many problems. It wouldn’t start, it started by itself, Nissan threatened us and lied to us and wouldn’t fix it. We got witnesses and video evidence and we won our case at the arbitration for Nissan to buy back the car, but now, they are saying that they will take it back and we have to pay them 3,000 since the car has basically depreciated since buying it."
The part of this that is so disturbing is that the car had serious, dangerous defects! She has told me how her Cube would try to accelerate forcefully while she was stopped at a traffic light and had the brakes firmly to the floor so that she wouldn't hit the car in front of her. In her own words:
February 23rd: I have a BRAND NEW CAR sitting in my driveway because it's not SAFE TO DRIVE. Because the mechanics can't reproduce the problem, Nissan won't take it back. It doesn't fit under the lemon law. It's been in the shop six times for other repairs. So, basically, your brand new car can have thousands of different problems, but if it isn't the same problem, attempted to be repaired four times, you're out of luck. Meanwhile, I am actually bumming rides to work because Nissan told us to give back the loaner, pick up our car or it would be towed and impounded. So tell me, would you drive a car that sometimes won't start (keyless ignition) and then when you aren't trying to start it anymore, starts up all by itself? Also, at red lights, it started pulsing forward very hard like it wanted to take off. I am so FRUSTRATED!!!! And the dealer never calls back. They want me to eat my payments I've made, take the depreciation of $9,000 and they can get me into a cheaper car!
February 24th: Will be working from home today. Nice view of my car in the driveway from where I sit.
March 8th: Just dropped off my car at the dealership for yet another fix. Same old problem. Maybe some genius mechanic can crack the code this time.
This is unacceptable. Nicole's work schedule has been disrupted - and in this economy who can afford to have a lot of work disruptions? They have been paying for a vehicle that has dangerous defects, which haven't been fixed. And now you want her to pay you to take the car back?
Again, this is unacceptable! What criteria does this defective car have to meet in order for you to take responsibility? Does it have to start by itself and crash into something? Does it have to lurch into an intersection while she's stopped at a stoplight with her foot pushing the brake pedal to the floor?
Let me reiterate that although our 1980 something Nissan Sentra Wagon was a good car, I will never, ever, buy a Nissan again because of the way my friend and her family have been treated by your company. And I will tell all my family and friends about Nissan's abominable business practices.
I owned a 1980 something Nissan Sentra Wagon in the 1990s. It got great gas mileage and served our family well. However I will never, ever, buy another Nissan and I will tell all my friends and family never, ever, to buy a Nissan.
My friend Nicole has had trouble with their Nissan Cube since they bought it. In her own words:
"We bought a Nissan brand new last year and it has had so many problems. It wouldn’t start, it started by itself, Nissan threatened us and lied to us and wouldn’t fix it. We got witnesses and video evidence and we won our case at the arbitration for Nissan to buy back the car, but now, they are saying that they will take it back and we have to pay them 3,000 since the car has basically depreciated since buying it."
The part of this that is so disturbing is that the car had serious, dangerous defects! She has told me how her Cube would try to accelerate forcefully while she was stopped at a traffic light and had the brakes firmly to the floor so that she wouldn't hit the car in front of her. In her own words:
February 23rd: I have a BRAND NEW CAR sitting in my driveway because it's not SAFE TO DRIVE. Because the mechanics can't reproduce the problem, Nissan won't take it back. It doesn't fit under the lemon law. It's been in the shop six times for other repairs. So, basically, your brand new car can have thousands of different problems, but if it isn't the same problem, attempted to be repaired four times, you're out of luck. Meanwhile, I am actually bumming rides to work because Nissan told us to give back the loaner, pick up our car or it would be towed and impounded. So tell me, would you drive a car that sometimes won't start (keyless ignition) and then when you aren't trying to start it anymore, starts up all by itself? Also, at red lights, it started pulsing forward very hard like it wanted to take off. I am so FRUSTRATED!!!! And the dealer never calls back. They want me to eat my payments I've made, take the depreciation of $9,000 and they can get me into a cheaper car!
February 24th: Will be working from home today. Nice view of my car in the driveway from where I sit.
March 8th: Just dropped off my car at the dealership for yet another fix. Same old problem. Maybe some genius mechanic can crack the code this time.
This is unacceptable. Nicole's work schedule has been disrupted - and in this economy who can afford to have a lot of work disruptions? They have been paying for a vehicle that has dangerous defects, which haven't been fixed. And now you want her to pay you to take the car back?
Again, this is unacceptable! What criteria does this defective car have to meet in order for you to take responsibility? Does it have to start by itself and crash into something? Does it have to lurch into an intersection while she's stopped at a stoplight with her foot pushing the brake pedal to the floor?
Let me reiterate that although our 1980 something Nissan Sentra Wagon was a good car, I will never, ever, buy a Nissan again because of the way my friend and her family have been treated by your company. And I will tell all my family and friends about Nissan's abominable business practices.
A letter to Nissan...
Dear Mr. Carolin and Mr. Allah:
I’ve just heard that Nissan is not going to honor the repurchase of Nicole and Jose Silva’s car in an honorable way. I know them personally and I have seen first-hand the disruptions and stress their new Nissan has caused in their life over the past several months. After winning the battle which tells them they are right to want a replacement car, how can Nissan feel justified in robbing them as well? What kind of customer service is that?
I come from a family of 6 kids and the majority of my siblings and my mother all own Nissans. I will be purchasing a new car (possibly 2) in the next year and I was seriously considering joining the Nissan fan club. Now, I’m ready to run in the other direction. How do I know you won’t do the same thing to me if I end up with a dysfunctional car? If the Silvas don’t get the justice they deserve I will be joining them in their quest to spread the word about how they’ve been treated. Since my family owns multiple Nissans they will be a good place for me to start.
I would ask that you reconsider your plan to do such an injustice to the Silva family. Nissan’s reputation is on the line with an entire circle of people, and although this circle is currently small it is bound to grow exponentially. I’d hate to see that happen. I’m so disappointed, not only for my friends, but that Nissan would act this way toward a customer. They were so excited to get their new car and they’ve had nothing but grief since the beginning. How truly sad that is.
Please re-think the way you are treating the Silvas and provide justice to your customer.
Thank you for your time and attention.
A letter to Nissan
Sir,
I wanted to share with you my experience and observations regarding unfriendly customer service received by Nicole and Jose Silva. Case number CA File 7071044
Vin JN8AZ2KR2AT
On February 8, 2011 I witnessed Nicole Silva attempt to start her Nissan Cube. After several attempts to start her car, Nicole turned her back to the steering wheel in order to get her keys out of her purse which was located in the backseat. As her back was turned and she was reaching for her purse, the car started on its on. This was the beginning of 3 months of undeserved and uncomfortable dealings with the Nissan corporation.
On more than one occasion I found Nicole distraught over the way she and Jose were treated by Nissan. They were spoken to rudely and called liars about their claims. I was present during a phone conversation Nicole had with a female Nissan representative. Although I could only hear Nicole's side of the conversation, I could hear the tone of voice coming from the representative and that voice was not friendly.
On another occasion, Nicole received a phone call at work asking why she had not picked up her car from Nissan and the caller threatened to have the car towed at Nicole's expense if she did not pick up the car. I drove Nicole to the local Nissan service department so she could pick up her cube. The service worker spoke in a friendly manor to Nicole and showed compassion for her situation. He said he was not aware of a call made to Nicole to pick up the car.
I think you will agree that buying a new car is something many of us only do a few times in our life times. When I purchased my car, I left the dealership with an unspoken expectation that my new car would be safe and last many years. I believe Nicole had those same thoughts when she purchased her Cube. Unfortunately, circumstances beyond Nicole's control led her to feel unsafe in the Cube.
I would have been impressed if Nissan accepted the arbitration ruling and returned the Silva's monetary investment. Instead I am appalled by the ongoing harassment they have received. Why should the Silva's be expected to pay for a car that has never been repaired.
Needless to say, neither I, my family or friends will be buying a Nissan.
Maybe next time Nissan could Man up, acknowledge your mistake and show compassion to your customers.
I wanted to share with you my experience and observations regarding unfriendly customer service received by Nicole and Jose Silva. Case number CA File 7071044
Vin JN8AZ2KR2AT
On February 8, 2011 I witnessed Nicole Silva attempt to start her Nissan Cube. After several attempts to start her car, Nicole turned her back to the steering wheel in order to get her keys out of her purse which was located in the backseat. As her back was turned and she was reaching for her purse, the car started on its on. This was the beginning of 3 months of undeserved and uncomfortable dealings with the Nissan corporation.
On more than one occasion I found Nicole distraught over the way she and Jose were treated by Nissan. They were spoken to rudely and called liars about their claims. I was present during a phone conversation Nicole had with a female Nissan representative. Although I could only hear Nicole's side of the conversation, I could hear the tone of voice coming from the representative and that voice was not friendly.
On another occasion, Nicole received a phone call at work asking why she had not picked up her car from Nissan and the caller threatened to have the car towed at Nicole's expense if she did not pick up the car. I drove Nicole to the local Nissan service department so she could pick up her cube. The service worker spoke in a friendly manor to Nicole and showed compassion for her situation. He said he was not aware of a call made to Nicole to pick up the car.
I think you will agree that buying a new car is something many of us only do a few times in our life times. When I purchased my car, I left the dealership with an unspoken expectation that my new car would be safe and last many years. I believe Nicole had those same thoughts when she purchased her Cube. Unfortunately, circumstances beyond Nicole's control led her to feel unsafe in the Cube.
I would have been impressed if Nissan accepted the arbitration ruling and returned the Silva's monetary investment. Instead I am appalled by the ongoing harassment they have received. Why should the Silva's be expected to pay for a car that has never been repaired.
Needless to say, neither I, my family or friends will be buying a Nissan.
Maybe next time Nissan could Man up, acknowledge your mistake and show compassion to your customers.
a super letter from a co worker
To Whom it May Concern,
It is under unfortunate circumstances that I am composing this email. I have become appalled over the past months watching my dear friend, Nicole Silva and her family suffer because of a defective vehicle that was sold to them by Ken Garff Nissan of Orem and Nissan's unwillingness to deal with the Silva's respectfully. I understand that sometimes faulty vehicles may be sold, but when it is a brand new vehicle and the purchaser brings it in countless times to be repaired with no results and is treated like a they are stupid, this gets under my skin. Consumers buy new cars thinking they are new, that they will be reliable, that they have a warranty and so they will either fix their car or take it back. This has not been the case for the Silvas. They have been lied to, yelled at, hidden from by sales managers, and have had their vehicle in the shop for days on end. And yet the problems persist and the car is still a danger to all those who are out on the roads. I am really so disappointed in Ken Garff and the Nissan corporation as a whole. This experience has really made me think that I will likely never buy a vehicle from Ken Garff, let alone a Nissan. I have already told many of my loved ones about the ordeal that the Silvas have gone through. They too have been angered that Nissan wasn't willing to either fix the vehicle or give them their money back. They should not have to pay anything for using the vehicle that should have been taken back or repaired months ago. I will continue to let my friends, family, and co-workers know about the Silva family's experience with Ken Garff and the Nissan corporation and let them know that your company cannot be trusted to treat their customers with the respect and dignity that they would hope to be treated with.
I hope that this email will help you to reflect on your customer service, how you dealt with the Silva family's case and how you will deal with other cases in the future.
It is under unfortunate circumstances that I am composing this email. I have become appalled over the past months watching my dear friend, Nicole Silva and her family suffer because of a defective vehicle that was sold to them by Ken Garff Nissan of Orem and Nissan's unwillingness to deal with the Silva's respectfully. I understand that sometimes faulty vehicles may be sold, but when it is a brand new vehicle and the purchaser brings it in countless times to be repaired with no results and is treated like a they are stupid, this gets under my skin. Consumers buy new cars thinking they are new, that they will be reliable, that they have a warranty and so they will either fix their car or take it back. This has not been the case for the Silvas. They have been lied to, yelled at, hidden from by sales managers, and have had their vehicle in the shop for days on end. And yet the problems persist and the car is still a danger to all those who are out on the roads. I am really so disappointed in Ken Garff and the Nissan corporation as a whole. This experience has really made me think that I will likely never buy a vehicle from Ken Garff, let alone a Nissan. I have already told many of my loved ones about the ordeal that the Silvas have gone through. They too have been angered that Nissan wasn't willing to either fix the vehicle or give them their money back. They should not have to pay anything for using the vehicle that should have been taken back or repaired months ago. I will continue to let my friends, family, and co-workers know about the Silva family's experience with Ken Garff and the Nissan corporation and let them know that your company cannot be trusted to treat their customers with the respect and dignity that they would hope to be treated with.
I hope that this email will help you to reflect on your customer service, how you dealt with the Silva family's case and how you will deal with other cases in the future.
Dear Sirs
I am really upset about how badly my friend Nicole Silva has been treated.( case number is CA File# 7071044 and our Vin is JN8AZ2KR2AT) You lost in court. Your offer to her was deplorable. She has suffered a great deal at your hands. You should make it right. Compensate her for what she you have put her through. I was willing to believe that the problem that Nicole had was not representative of the overall quality of a Nissan. I now believe that you are not willing to act in an honorable way, and that is pathetic. Your customer service is the worst that I have seen. I will tell everyone I know not to buy a Nissan.
A letter to Nissan from another disgruntled Nissan owner
Dear Brian Carolin,
I have a friend, Nicole Silva, that told me of the terrible service and response Nissan is attending to her problematic, new vehicle!
I, myself, have experienced issues with a local Nissan dealership in Georgia.
Is this common practice of Nissan to allow customers to believe in what they are told and then when they have purchased a car, Nissan is like in another place?
We were also lied to concerning our vehicle. Come to find out, new management, within 3 months of our purchase, said that there had been MANY complaints to the new management....and nobody did squat because it was new management!
When a new car is purchased, you expect it to run properly.
I have known Nicole since she was in High School. She is an honest person. This was her new family vehicle.
I had already sworn off Nissan vehicles due to issues my parents have had with them...they have owned 2.
This information of having to now pay YOU for the depreciation?! If YOU would have sold a quality vehicle in the first place, there would be no arbitration to buy it back!
This is an outrage!
I have a friend, Nicole Silva, that told me of the terrible service and response Nissan is attending to her problematic, new vehicle!
I, myself, have experienced issues with a local Nissan dealership in Georgia.
Is this common practice of Nissan to allow customers to believe in what they are told and then when they have purchased a car, Nissan is like in another place?
We were also lied to concerning our vehicle. Come to find out, new management, within 3 months of our purchase, said that there had been MANY complaints to the new management....and nobody did squat because it was new management!
When a new car is purchased, you expect it to run properly.
I have known Nicole since she was in High School. She is an honest person. This was her new family vehicle.
I had already sworn off Nissan vehicles due to issues my parents have had with them...they have owned 2.
This information of having to now pay YOU for the depreciation?! If YOU would have sold a quality vehicle in the first place, there would be no arbitration to buy it back!
This is an outrage!
Another great letter from a friend
To Whom It May Concern:
I am writing you this email on behalf of Mrs. Nicole Silva reference
to case number 7071044. I do not have all the facts on the case,
however I have been involved in legal affairs for over 30 years and
feel that most problems can be solved by going to the right person.
Nicole has been agonizing over the mechanical and safety issues with
her Nissan Cube. My understanding is that the defects have been
present since purchase of the vehicle, verified and been unable to be
remedied. According to the The Magnuson–Moss Warranty Act (P.L.
93-637), the law contains words to the affect:
Under a full warranty, in the case of a defect, malfunction, or
failure to conform with the written warranty, the warrantor:
" must, as a minimum, remedy the consumer product within a
reasonable time and without charge;
may not impose any limitation on the duration of any implied
warranty on the product;
may not exclude or limit consequential damages for a breach of
any written or implied warranty on the product, unless the exclusion
or limitation conspicuously appears on the face of the warranty; and
if the product, or a component part, contains a defect or
malfunction, must permit the consumer to elect either a refund or
replacement without charge, after a reasonable number of repair
attempts."
According to Mrs. Silva, she won an arbitration argument and states
that the settlement offer is neither reasonable or in good faith.
The audacity of Nissan offering not refund the or replace the vehicle
free of charge is not a offer in good faith. To charge a customer
'depreciation' for a vehicle that never operated properly to begin
with is not in compliance with the law. The law states:
"if the product, or a component part, contains a defect or
malfunction, must permit the consumer to elect either a refund or
replacement without charge, after a reasonable number of repair
attempts."
My understanding of the situation is that the vehicle defects were
confirmed but can't be properly repaired in that the vehicle still
contains defects that cause safety concerns.
I highly suggest that corporate get involved to solve Mrs Silva's
complaint. My understanding is a person at email:
Jabriel.Allah@nissan-usa.com was the one who generated a poor
settlement offer. Certainly Nissan Motors can assist Mrs. Silva to
settle this issues rather than undergo the scrutiny of the press and
consumer affairs organizations.
She has informed me that she is contacting all of the Consumer
organizations in her state plus news groups and newspaper consumer
reporters. Her clout and position in the community will certainly
draw attention. I am not sure what she wants as a settlement but I
can report to you this has become an anguishing event in her daily
life. It has caused hardship and stress along with providing her an
unsafe means of transportation. It has left here stranded and left
her unable to function normally in her daily life. My question is
why did the case have to go to arbitration in the first place.
Obviously her case is covered by federal law.
Nissan manufactures great vehicles, the one she purchased is a
lemon, simply refund her money or provide her a new vehicle that
operates properly. It's an easy solution made difficult by unwilling
corporate representatives or shady dealers.
I am writing you this email on behalf of Mrs. Nicole Silva reference
to case number 7071044. I do not have all the facts on the case,
however I have been involved in legal affairs for over 30 years and
feel that most problems can be solved by going to the right person.
Nicole has been agonizing over the mechanical and safety issues with
her Nissan Cube. My understanding is that the defects have been
present since purchase of the vehicle, verified and been unable to be
remedied. According to the The Magnuson–Moss Warranty Act (P.L.
93-637), the law contains words to the affect:
Under a full warranty, in the case of a defect, malfunction, or
failure to conform with the written warranty, the warrantor:
" must, as a minimum, remedy the consumer product within a
reasonable time and without charge;
may not impose any limitation on the duration of any implied
warranty on the product;
may not exclude or limit consequential damages for a breach of
any written or implied warranty on the product, unless the exclusion
or limitation conspicuously appears on the face of the warranty; and
if the product, or a component part, contains a defect or
malfunction, must permit the consumer to elect either a refund or
replacement without charge, after a reasonable number of repair
attempts."
According to Mrs. Silva, she won an arbitration argument and states
that the settlement offer is neither reasonable or in good faith.
The audacity of Nissan offering not refund the or replace the vehicle
free of charge is not a offer in good faith. To charge a customer
'depreciation' for a vehicle that never operated properly to begin
with is not in compliance with the law. The law states:
"if the product, or a component part, contains a defect or
malfunction, must permit the consumer to elect either a refund or
replacement without charge, after a reasonable number of repair
attempts."
My understanding of the situation is that the vehicle defects were
confirmed but can't be properly repaired in that the vehicle still
contains defects that cause safety concerns.
I highly suggest that corporate get involved to solve Mrs Silva's
complaint. My understanding is a person at email:
Jabriel.Allah@nissan-usa.com was the one who generated a poor
settlement offer. Certainly Nissan Motors can assist Mrs. Silva to
settle this issues rather than undergo the scrutiny of the press and
consumer affairs organizations.
She has informed me that she is contacting all of the Consumer
organizations in her state plus news groups and newspaper consumer
reporters. Her clout and position in the community will certainly
draw attention. I am not sure what she wants as a settlement but I
can report to you this has become an anguishing event in her daily
life. It has caused hardship and stress along with providing her an
unsafe means of transportation. It has left here stranded and left
her unable to function normally in her daily life. My question is
why did the case have to go to arbitration in the first place.
Obviously her case is covered by federal law.
Nissan manufactures great vehicles, the one she purchased is a
lemon, simply refund her money or provide her a new vehicle that
operates properly. It's an easy solution made difficult by unwilling
corporate representatives or shady dealers.
Fabulous letters from fabulous friends
I really wanted to thank everyone who has been emailing Nissan. I am also so impressed with my firends' writing talents. SO I thought I'd highlight the letters here:
I am writing in behalf of Nicole Silva who purchased a new Nissan from you in 2010. It is my understanding that the car has been a "lemon" almost since purchase. Consequently, the Silvas won in arbitration against your company with the car being found to be defective and with the order that your company buy the car back from them.
It is also my understanding that, although you are willing to "buy" the car back from them, it is going to cost them $3000.00 to get rid of it! I realize that the car has depreciated over the past few months, but it "depreciated" as soon as they drove it off the lot (with the full expectation that they would have a reliable car for many years, I might add); it "depreciated" every time it wouldn't start; it "depreciated" every time it started on its own! (Which would seem to be a serious safety hazard to me!) Surely you can see that not all "depreciation" was created equal in this case and that Nissan has the responsibility to make things right for their customer.
When a consumer purchases an item, they have the right to expect a product equal to the purchase price. When Toyota accepted responsibility for defects in the Prius, local dealers were quick to fix the problem and make things right for me as their customer. I would expect the same show of integrity from Nissan. However, that does not seem to be the case in this instance. One consumer has the right to expect the same treatment as a multitude of consumers. It is my hope that Nissan will step up to the plate and accept full responsibility for defective merchandise. I'm sure that not all Nissans are like this particular vehicle; but if all responses are like this particular response, then any faith I may have had in Nissan as a company to give quality service after the sale has just been erased.
Thank you for your time and consideration.
I am writing in behalf of Nicole Silva who purchased a new Nissan from you in 2010. It is my understanding that the car has been a "lemon" almost since purchase. Consequently, the Silvas won in arbitration against your company with the car being found to be defective and with the order that your company buy the car back from them.
It is also my understanding that, although you are willing to "buy" the car back from them, it is going to cost them $3000.00 to get rid of it! I realize that the car has depreciated over the past few months, but it "depreciated" as soon as they drove it off the lot (with the full expectation that they would have a reliable car for many years, I might add); it "depreciated" every time it wouldn't start; it "depreciated" every time it started on its own! (Which would seem to be a serious safety hazard to me!) Surely you can see that not all "depreciation" was created equal in this case and that Nissan has the responsibility to make things right for their customer.
When a consumer purchases an item, they have the right to expect a product equal to the purchase price. When Toyota accepted responsibility for defects in the Prius, local dealers were quick to fix the problem and make things right for me as their customer. I would expect the same show of integrity from Nissan. However, that does not seem to be the case in this instance. One consumer has the right to expect the same treatment as a multitude of consumers. It is my hope that Nissan will step up to the plate and accept full responsibility for defective merchandise. I'm sure that not all Nissans are like this particular vehicle; but if all responses are like this particular response, then any faith I may have had in Nissan as a company to give quality service after the sale has just been erased.
Thank you for your time and consideration.
Wow. SO many great writers.
Yesterday many of my friends and associates wrote to Nissan expressing their disbelief and anger that Nissan will not own up to their defective car responsibly and take the loss that they themselves made. Many told them that they will never buy a Nissan and will tell all their friends that if they buy a Nissan product, they can be sure that the manufacturer won't stand by it in times of trouble.
That said, I went to pick up my car from outside the dealership. They had parked a big truck just behind it so no one could read the message on the back! I laughed so hard. I really don't want to hurt the dealership. I 'm just hoping that they will put some pressure on Nissan to do the right thing. Other forms of communication with these folks hasn't resulted in anything positive, so maybe a loud message was needed.
A couple was driving a Cube and just getting out of the car when I ulled my Cube into the Nissan parking lot. Their eyes just popped as they read our car window. I wish they only knew.
But I did bring the car back to the service dept. yesterday. It failed to start twice. Let's see what happens now?
That said, I went to pick up my car from outside the dealership. They had parked a big truck just behind it so no one could read the message on the back! I laughed so hard. I really don't want to hurt the dealership. I 'm just hoping that they will put some pressure on Nissan to do the right thing. Other forms of communication with these folks hasn't resulted in anything positive, so maybe a loud message was needed.
A couple was driving a Cube and just getting out of the car when I ulled my Cube into the Nissan parking lot. Their eyes just popped as they read our car window. I wish they only knew.
But I did bring the car back to the service dept. yesterday. It failed to start twice. Let's see what happens now?
Wednesday, May 4, 2011
And the BBB says....
The BBB just called. The lady told me that it's totally legal what Nissan is doing. I said, legal yes, but equitable??? She said that it's just that way.
The car is parked outside the dealership with a big sign on it!
I have just parked my car (legally, I checked) on the side of University Parkway in front of the Ken Garff Nissan dealership. My wonderful friend Joanne Curtis of Stickywords.net made me some great vinyl letters that say THIS CUBE HAS A DANGEROUS DEFECT.
Tuesday, May 3, 2011
A possessed car!
That's what the service tech at the dealership called it when I told him my Cube had started all by itself! I had already brought it in for two safety recalls and the service light had come on twice since buying it new only three months before. The keyless ignition, the big selling point of the car, was now becoming a bit of a buggaboo. Several times it had not wanted to start when I pressed the button. First I thought I was doing something wrong, but as it became more frequent, I finally brought it in. The mechanic couldn't find anything.
Then in December, one night after picking the car up from the dealer for more repairs, (strange grinding noises) the Cube started lurching at all the red lights. We turned the car off twice but it kept doing it so we lurched all the way back to the dealership.
In total, our car stayed at the dealership over 31 days getting repairs and trying to be diagnosed with its failure to start and then twice starting by itself.
The Nissan Corporation was really naughty. They offered us extended warranties, which we said was silly since the car was now clearly rife with problems. They told us to take the warranties, no strings attached and that, "we were stupid to say no."
The sales manager started hiding from us and refused to return our calls.
Every time we left the car for the mechanic to try to find the starting problem, the Nissan Corporation would call us and threaten us, telling us to get the car off the lot or it would be towed.
So we finally contacted the Better Business Bureau. We got a hearing for arbitration. We brought video evidence of the car not starting. We brought witnesses who told about it starting by itself, lurching at the red lights, and even stalling when put into reverse. AND WE WON. sort of.
We were one visit short on the not starting problem to qualify the car as a lemon. Never mind that it had been out of our use for over a month since we bought it six months before.
But not understanding that we were about to enter into a trap, we thought we had won and signed the agreement to the outcome of the arbitration. Nissan had to repurchase our car.
Here's the evil part. Nissan now can make up all sorts of math equations when deciding how much to pay us. The Lemon Law says give back what we paid, minus 10 cents a mile of usage. But since the car isn't technically a lemon, Nissan's math says, WE GIVE THEM BACK THE CAR AND PAY THEM $3,000 ON TOP OF THAT since the car has depreciated in 8 months and we are upside down in our loan.
Needless to say, I was shocked! I was crying on the phone with the Nissan man who was eerily calm. Then he said that if we didn't like that offer, we could just keep the car and keep on paying for it. Never mind that this same keyless ignition problem was part of a 2.14 million vehicle recall last year on Nissan models from 2003-2005. Then, if you look on Nissan forums, just google nissan keyless ignition problems, you'll find that the problem didn't go away with just the recalled vehicles. In fact, just today I saw that the new 2011 Nissan Leaf has the same problem.
So what's so dangerous about a car that won't start? The same defect can cause the car to start on it's own (Look in the news for people who have died in from Carbon Momoxide poisoning when their cars started on their own in the attached garage.) The defect can cause the car to idle roughly (the night it lurched at the red lights) and even stall while in gear (which ours did as well). But Nissan won't admit there is a problem. They think we should keep our car with an extended warranty. That's tantamount to offering an air freshener to those people whose cars turned on in the garages by themselves.
So there we are.
That's the shortened version. The longer more juicy parts I'll put in, starting from the beginning ofthe story and it's all fun...from nasty lying delaers to nasty lying Nissan reps (who got in trouble for lying).
If you have a Nissan of any type that exhibits odd keyless problems, I'd love to hear from you as I wait in limbo to see if this repurchase is going back to arbitration again.......... If you are a powerful person who knows how I should deal with Nissan, I'd love to hear from you too. I really want to believe that there is some kind of justice that the universe hands out, but for now, I just need to get my story out. Maybe it will help someone else out there.
Then in December, one night after picking the car up from the dealer for more repairs, (strange grinding noises) the Cube started lurching at all the red lights. We turned the car off twice but it kept doing it so we lurched all the way back to the dealership.
In total, our car stayed at the dealership over 31 days getting repairs and trying to be diagnosed with its failure to start and then twice starting by itself.
The Nissan Corporation was really naughty. They offered us extended warranties, which we said was silly since the car was now clearly rife with problems. They told us to take the warranties, no strings attached and that, "we were stupid to say no."
The sales manager started hiding from us and refused to return our calls.
Every time we left the car for the mechanic to try to find the starting problem, the Nissan Corporation would call us and threaten us, telling us to get the car off the lot or it would be towed.
So we finally contacted the Better Business Bureau. We got a hearing for arbitration. We brought video evidence of the car not starting. We brought witnesses who told about it starting by itself, lurching at the red lights, and even stalling when put into reverse. AND WE WON. sort of.
We were one visit short on the not starting problem to qualify the car as a lemon. Never mind that it had been out of our use for over a month since we bought it six months before.
But not understanding that we were about to enter into a trap, we thought we had won and signed the agreement to the outcome of the arbitration. Nissan had to repurchase our car.
Here's the evil part. Nissan now can make up all sorts of math equations when deciding how much to pay us. The Lemon Law says give back what we paid, minus 10 cents a mile of usage. But since the car isn't technically a lemon, Nissan's math says, WE GIVE THEM BACK THE CAR AND PAY THEM $3,000 ON TOP OF THAT since the car has depreciated in 8 months and we are upside down in our loan.
Needless to say, I was shocked! I was crying on the phone with the Nissan man who was eerily calm. Then he said that if we didn't like that offer, we could just keep the car and keep on paying for it. Never mind that this same keyless ignition problem was part of a 2.14 million vehicle recall last year on Nissan models from 2003-2005. Then, if you look on Nissan forums, just google nissan keyless ignition problems, you'll find that the problem didn't go away with just the recalled vehicles. In fact, just today I saw that the new 2011 Nissan Leaf has the same problem.
So what's so dangerous about a car that won't start? The same defect can cause the car to start on it's own (Look in the news for people who have died in from Carbon Momoxide poisoning when their cars started on their own in the attached garage.) The defect can cause the car to idle roughly (the night it lurched at the red lights) and even stall while in gear (which ours did as well). But Nissan won't admit there is a problem. They think we should keep our car with an extended warranty. That's tantamount to offering an air freshener to those people whose cars turned on in the garages by themselves.
So there we are.
That's the shortened version. The longer more juicy parts I'll put in, starting from the beginning ofthe story and it's all fun...from nasty lying delaers to nasty lying Nissan reps (who got in trouble for lying).
If you have a Nissan of any type that exhibits odd keyless problems, I'd love to hear from you as I wait in limbo to see if this repurchase is going back to arbitration again.......... If you are a powerful person who knows how I should deal with Nissan, I'd love to hear from you too. I really want to believe that there is some kind of justice that the universe hands out, but for now, I just need to get my story out. Maybe it will help someone else out there.
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