Canadian Rust / Small Claims Court action?

[dingo]

Well, after noticing the dreaded and all too common rust on my 2004 Mazda3, I have spent hours doing research, I've been to 2 dealerships, contacted the Automobile Protection Association, been to 3 body shops for estimates, sent 2 letters to Mazda Canada, and made several phone calls to Mazda Customer Relations.
After all that, I have been denied by Mazda Canada to cover repair costs on my Mazda.
My next effort is going to be filing a Small Claims Court case against Mazda Canada.

Mazda3 owner Imwitty (Mazda3forums.com) who is also ZoomZoomgirl (Torontomazda3.ca) had some luck getting her car fixed. I am trying a similar approach but my car is now beyond the 5 year warranty period. I will need a lot of data and information if I want to try and win a court case.

As they say, there is strength in numbers and I am hoping to gather as many names, information, and pictures of damage from fellow Mazda3 owners to help prove my case in Court.

I will have two lists , one with the people who have been successful in having their cars repaired and a second list of people still trying to get their cars fixed. I am hoping to get at least 10 or 20 who have been successful although that may be hard. I have counted at least 21 members from the mazda3forums with rust corrosion problems and some of them have had their cars repaired.

This is the information I am looking for :
1. Owner Name -
2. City & Province -
3. Year, color and Model of car -
4. In service date (date you picked up car) -
5. Mileage -
6. Areas of damage -
7. Name of Dealership that approved repair -
8. Repair invoice/proof of Mazda covering repair cost -
9. Email/Phone number for contact -
10. Pictures of rust areas -

As I will be getting info from different forums, I would prefer if the information could be sent to my Gmail account myrustymazda@gmail.com
I will update the forums periodically as to how many people are on the lists.
If you or anybody you know (family, friend, co-worker) has rust or corrosion problems with their Mazda3 encourage them to join my list. Spread the word. Maybe Mazda will finally start looking after their customers.

This will be my entry

1. Owner Name - Mike Mackey
2. City & Province - Edmonton Ab
3. Year, color and Model of car - 2004 Titanium Grey Mazda3 GT sedan
4. In service date (date you picked up car) Feb 6 2004
5. Mileage - 93,000 km
6. Areas of damage - door sills, rear wheel arches, rear quarter panels, inside and bubbling on outside of left rear door
7. Name of Dealership that approved repair - none yet
8. Repair invoice/proof of Mazda covering repair cost -
9. Email/Phone number for contact - myrustymazda@gmail.com
10. Pictures of rust areas -
http://i930.photobucket.com/albums/ad146/Myrustymazda/Doorsill.jpg

http://i930.photobucket.com/albums/ad146/Myrustymazda/LRQuarter.jpg

http://i930.photobucket.com/albums/ad146/Myrustymazda/LRwheelarch.jpg
http://i930.photobucket.com/albums/ad146/Myrustymazda/RRDoor2.jpg
http://i930.photobucket.com/albums/ad146/Myrustymazda/RRDoor.jpg
http://i930.photobucket.com/albums/ad146/Myrustymazda/RRwheelarch.jpg

[Flagrum_3]

Man that rust is pretty bad! and in the exact spots most people are showing also!...Definately a Mazda problem!! Sorry I can't help, my '05 still is not showing any signs of rust.

...and Geez just a few months over warranty too, Totally sucks!

Good luck with your claim bro!


_3

[2 HUGE]

Ive got two small paint bubbles (pea size) on my drivers side rear fender... easily fixable by hand but on an 05 car its shocking almost as to how soon its rusting. Ive been pretty lucky... its just the rear fender and a little spot on the door. its also starting to peel on a small spot above the lip of the fender as well... shit sucks, but IMO a small bit of rust doesnt phase me too much, the 3 is still a great car

Im out of warrranty...

[Bean]

Alot of people are blaming the Canadian weather for this. I think that is asinine

[aris]

Alot of people are blaming the Canadian weather for this. I think that is asinine

Well all the salt they throw on are roads don't help

[Bean]

Yes, true, then how come my Mother In Laws 1998 Toyota Corolla has no rust then?

[aris]

Yes, true, then how come my Mother In Laws 1998 Toyota Corolla has no rust then?

and how am i supposed to know that?

[aris]

Bean if your car is leased why are you so worried about the rust issue..just return the car when your lease is up and be done with it!

[///M]

I've been seeing a lot of late model Mazdas with this problem. Mine showed no signs of rust when I sold it at 100k after 3 years of ownership, but given the prevalence of rust issues I'm wary about buying another Mazda. Good luck on getting the issue resolved - rust is not easy to fix properly.

[Go_Habs_Go]

Good luck with this dingo.

I have an 08 and so far so good but it gives me chills to see your car and others with the same problem.

There is is NO WAY a 2004 should be rusting like that already. And the fact that it's happened to so many others means that there definitely is a problem. Mazda Canada has accepted some responsibility for it but it seems that they will not extend that responsibility past the 5 year warranty period.

I would suggest that you also contact the APA. They helped Lynne Whitty and they may be able to help you as well.

Good luck and please keep us informed on your progress.

Your hard work on this matter will benefit many others so we're all supporting you and hoping you get a fair resolution.

[dingo]

Well, it seems not too many people are interested in trying to get Mazda Canada to get our rusty cars repaired.
Maybe they figure its not worth the hassle?
Maybe they don't want to give out their information?
Maybe they don't want to get involved?

I guess I'll try to get some coverage of this rust problem through other means.

[Dave_The_BMXER]

Have you considered getting zoom zoom girls already compiled list?

Where are you located?

[dingo]

I'm in Edmonton.

ZoomZoom girls list is a year old and she would have to get permission from all the owners to release the information to me.

I do still have a couple of plans to keep pestering Mazda in my spare time:)

[Dave_The_BMXER]

Ah I see, I think a lot of owners just feel defeated on the issue and are forking out there own money or jumping ship.

I was very lucky to have my 04 approved

[Walrus]

It is a design flaw. I just paid $1200 to have this fixed on my 2004. The seam around the wheel well is pinched together too tight, so that rustproofing can't get in there. With it being so tight, moisture forms in the small space and can't dry out. It then rusts between the two pieces of metal.

When the back bumper came off, the pieces of metal that hold some bumper clips near the wheel wells completely fell off the car. This occurred in your 2nd picture where you are pointing at the panels separating. You have big problems under there, worse than you think.

However, your first picture is perfectly normal, from rock chips from the front tires.

[dingo]

I was very lucky to have my 04 approved

Was your 2004 still within the 5 year perforation warranty?

I wish I had started looking into the rust issue sooner. I wasn't too concerned seeing rust on the side sills of the rear doors. I knew that was from rocks chipping the paint away.
I'm not terribly concerned with the wheel arch rust either. What I am most concerned about are the rear quarters and the rear passenger door because they are rusting/bubbling from underneath the paint, from inside to out :flaming

[Dave_The_BMXER]

My 2004 was within the 5 year however others with less kms than me have been denied. There appears to be very little consistency with how cases are handled.

[aris]

My 2004 was within the 5 year however others with less kms than me have been denied. There appears to be very little consistency with how cases are handled.

It doesn't matter how many KM you have...the manaul says 5 years/unlimited km

[Greg_r]

I'm having the same problem - rust in the exact same spots...
Anyone have any idea if Mazda would even consider reparing mine even thought I'm the second owner?

(I highly doubt it, but I guy can dream...)

[dingo]

I'm having the same problem - rust in the exact same spots...
Anyone have any idea if Mazda would even consider reparing mine even thought I'm the second owner?

(I highly doubt it, but I guy can dream...)

If it is within the 5 year warranty period from the time the first owner purchased the car it is possible you may find a dealership to cover the repair cost.
You should at least take it in and get the rust documented by them with photos in case you can someday get it fixed by Mazda. I have read of some second owners getting repairs done.
good luck

[casperwonder]

[QUOTE=Karen Lee-McNair;455579]The manufacturer's warranty applies to the vehicle, not so much the owner.
However, if the previous owner has voided their warranty, this will pass over to the new owner as well. Your safest bet is to have a dealer run you VIN number to confirm your warranty start date, and to confirm that it is still valid.

If you are second owner, you are still cover under warranty.

[Dave_The_BMXER]

Ya I am second owner.

[devilsfanatic30]

Im having rust in all the same parts as you unfortunately :(

[Go_Habs_Go]

The rust situation on these cars BLOWS.

It is unbelievable how many people are having this issue. I can't even tell you how many Mazda 3's I've seen in parking lots and on the road in Montreal with rust.

P-A-T-H-E-T-I-C!!!

:complain

[sip]

It doesn't matter how many KM you have...the manaul says 5 years/unlimited km


It doesn't matter how many KM you have...the manaul says 5 years/unlimited km

Why do some forum members always bring 5 year rust perforation warranty to address the surface rust. Is it because Mazda has covered surface rust under the 5 year warranty for some customers?

Since surface rust does not create a hole, how can you rely on the 5 year warranty fix surface rust?

[aris]

Why do some forum members always bring 5 year rust perforation warranty to address the surface rust. Is it because Mazda has covered surface rust under the 5 year warranty for some customers?

Since surface rust does not create a hole, how can you rely on the 5 year warranty fix surface rust?

since you quoted me 2 times you might as well say that your refering to me..

To answer you question i don't know..i was just saying what the manual says..go to your dealer and talk to them about your problem!

[Battl3hamm3r]

I have rust on my 2004 also, it is mainly above the rear wheels between the bumper and upper part (on one side theres perforation already), and the spot that pains me the most is the back strips between the 2 side windows, theres major bubbling there on each side :(

Is the warranty 5 years since manufacturing or initial sale ? My Mazda was made 02/04, so i am passed due... but im the 2nd buyer and I do not know who had it first !!!

Thanks

[Go_Habs_Go]

I have rust on my 2004 also, it is mainly above the rear wheels between the bumper and upper part (on one side theres perforation already), and the spot that pains me the most is the back strips between the 2 side windows, theres major bubbling there on each side :(

Is the warranty 5 years since manufacturing or initial sale ? My Mazda was made 02/04, so i am passed due... but im the 2nd buyer and I do not know who had it first !!!

Thanks

Go see a dealer and show them your rust. Mention that you know of other people that are getting their rust fixed. Even if you are just over the 5 year warranty, that type of rust should not be tolerated on a 5 year old car!!!!

Be firm and don't stop at the first "no" you receive. Keep pusing to speak to Managers and Supervisors and contact Mazda Canada directly. You may also want to call the APA.

[5_Alive]

This may be a long shot, but call Chatham Mazda.. I swear to God by these guys..

519-354-1118, and ask for Kyle, tell him Moe from Windsor sent you. E-mail him the pictures, your VIN, etc..

Chances are, they WILL fix it for you. They have done anything and everything for me when they used to be Banks Mazda, and now currently as Chatham Mazda. The service dept. is phenomenal and so is the owner of the dealership (also owns the Kia & Chrysler lot side-by-side)..

Hope this helps you before you have to take further action.
Moe

Edit; Holy F mate didn't realize your in Alberta! However, if he said they'd do it, it could be worth the 3 day-trip..

This information is also available to anyone else looking to have rust and/or any other major problems fixed.

[Battl3hamm3r]

Go see a dealer and show them your rust. Mention that you know of other people that are getting their rust fixed. Even if you are just over the 5 year warranty, that type of rust should not be tolerated on a 5 year old car!!!!

Be firm and don't stop at the first "no" you receive. Keep pusing to speak to Managers and Supervisors and contact Mazda Canada directly. You may also want to call the APA.

On the APA website, theres a link to current ''hot car problems'', and the mazda3 rust in one of the links, they ask you to fill a form and under Model Year tab theres no 2004...

Im going to go see 2 dealers today anyway... ill tell you what happens

[mazda lover]

On the APA website, theres a link to current ''hot car problems'', and the mazda3 rust in one of the links, they ask you to fill a form and under Model Year tab theres no 2004...

Im going to go see 2 dealers today anyway... ill tell you what happens

Went to the APA web site and couldn't find anything, "hot car problems" they don't have a "search" box...any chance of giving us a link to the form.
Thanks

[mazdabetty]

http://www.apa.ca/template.asp?DocID=115

Scroll down to Mazda 3 2004-2006

[mazda lover]

http://www.apa.ca/template.asp?DocID=115

Scroll down to Mazda 3 2004-2006

Thanks Betty...nothing like a woman to point a fella in the right direction..

[mazdabetty]

yaaa I'm considering filling it out... I hate to give away all my information, but should a class action lawsuit ever occur, I have all my records/car rental receipts ready to go!!! lol

[Battl3hamm3r]

What should I do about the year ? I dont want to put 2005 because its false info...

[Go_Habs_Go]

I would put the real year of your car...no point in giving false information as sooner or later it will be verified.

[mazda lover]

http://www.apa.ca/template.asp?DocID=115

Scroll down to Mazda 3 2004-2006

I think they mean 2004 2005 2006
2004 through to 2006 2004 to 2006
so just put what year your car is,

[Battl3hamm3r]

I have rust on my 2004 also, it is mainly above the rear wheels between the bumper and upper part (on one side theres perforation already), and the spot that pains me the most is the back strips between the 2 side windows, theres major bubbling there on each side :(

Is the warranty 5 years since manufacturing or initial sale ? My Mazda was made 02/04, so i am passed due... but im the 2nd buyer and I do not know who had it first !!!

Thanks

WTF was i smoking... 2004 is there :S

I went to a dealer today about my rust and talked to the manager... he told me that my waranty expired like i knew he would, he also said he will send my info to Mazda Canada... but looking at him i had a feeling he was not very serious about it...

Anyway, i took his business card and im going to call him to make sure he really send my info to Mazda

[Battl3hamm3r]

I have rust on my 2004 also, it is mainly above the rear wheels between the bumper and upper part (on one side theres perforation already), and the spot that pains me the most is the back strips between the 2 side windows, theres major bubbling there on each side :(

Is the warranty 5 years since manufacturing or initial sale ? My Mazda was made 02/04, so i am passed due... but im the 2nd buyer and I do not know who had it first !!!

Thanks

WTF was i smoking... 2004 is there :S

I went to a dealer today about my rust and talked to the manager... he told me that my waranty expired like i knew he would, he also said he will send my info to Mazda Canada... but looking at him i had a feeling he was not very serious about it...

Anyway, i took his business card and im going to call him to make sure he really sends the info to Mazda

[Go_Habs_Go]

WTF was i smoking... 2004 is there :S

I went to a dealer today about my rust and talked to the manager... he told me that my waranty expired like i knew he would, he also said he will send my info to Mazda Canada... but looking at him i had a feeling he was not very serious about it...

Anyway, i took his business card and im going to call him to make sure he really sends the info to Mazda

Make sure to follow up with the manager. If he doesn't seem willing to help, go to another dealer. Also try calling Mazda Canada directly.

You can also try calling the APA and talking to them. They might have some suggestions on how to go about this.

Be firm about it and don't give up. :)

Bonne chance!

[dingo]

To date I have not had my car repaired and I will not give up hope yet.
I am still corresponding with Mazda Canada about this issue.
Due to legal reasons, I am not able to discuss the status of my matter, especially in a public forum.
I am going to ask the moderators to lock this thread as the rust issue can continue to be discussed in the sticky thread started by ZoomZoomgirl. http://www.torontomazda3.ca/forum/showthread.php?t=25439
Thanks and good luck to others with the rust problems. Don't give up!