Bentley

It is interesting that you have obviously gotten so upset at my observations that you spent so much time trying to address them. Rather than looking at the earlier thread [with photographs] and both reviewed my analysis [as others have done] and analysed the photographs on your own [presuming you have a background in metallurgy] you have missed the boat.
What you obviously do not comprehend is the awkward position this gentleman is in [his transmission is in pieces]. I think he wants to get on with his life. The easiest way to do that is to accede to the offer of Porsche and pay his share to fix the vehicle. To those who cannot understand that line of reasoning, so be it.

ColorChange

As I anticipated, you lack the character to respond directly to my post and points as I very clearly and directly did with you. I responded so directly to correct ignorance from being propagated as fact and seeing as you cannot or will not rebut my assertions.

I am sure that the intelligent viewers of this board will appropriately asses your credibility and character.

Bentley

You misspelled assess.

ColorChange

Bentley:

This will be the last time I respond directly to you as I do not associate with people of poor character. You will now see how a person of character responds to their errors.

Yes Bentley, I did misspell assess. Thank you.

Doug H

I doubt very seriously they have any type of retainer agreement like that. As an attorney that does mostly defense work, I cannot image any attorney or law firm not charging by the hour for any claim. Porsche would not be that big of a client and even our largest and oldest clients don't get pro bono work. Costs of defense, however, is not the always the determinative factor in litigation. I have seen staggering legal bills over very small amounts of money. They may not bat an eye at paying $ 10,000 to defend such a claim. May have a deterent effect on future litigation. I know there are companies and insurance companies I would not pursue unless the claim was very large because I know that those entities usually won't settle anything.

That being said, I would be pissed if they denied me on a similar claim. Its a sport car. I didn't drop 145k on a TT to putt around. It seems that small claims courts generaly err on the side of the little guy. As a defense attorney, I would rather be in front of a jury than a small claims court judge any day.

Bentley

Counselor, it appears that you do not have a comprehension of the size of the Porsche Corporation when you say that it 'would not be that big of a client', to wit: http://www2.uk.porsche.com/english/g...chegruppe.pdf. Certainly it would have the financial means to hire a Saint Louis, Missouri Law Firm on a Retainer Agreement.
The fact that 'you would be pissed' if they denied your claim is a problem for you, not them. If you review the photographs of the damage to the transmission, of which this gentleman has posted in an earlier thread, evidence of inordinate applied stress is ipso facto.
Your argument that 'its a sports car' and 'I did not drop 145k on a TT to put around' is specious at best. Whether you like it or not, the Porsche Manufacturer's Warranty provides the guidelines to which the vehicle is suretied. To exceed those guidelines is at an owner's financial peril.
Do you have evidence to support your claim that 'small claims courts generally err on the side of the little guy'; especially in regards to a product liability matter such as this?
Porsche is not required to provide any compensation to this gentleman due to damage by another. Perhaps he should seek legal redress from the original seller.

1AS

Gentlemen, thanks for a spirited discussion. My experience with Porsche is that they have responded well to written complaints directed to PCNA. Perhaps that line might lead to earlier relief. However, the amount of money is small in Porsche terms (we are now in the realm of a routine 15,000 service charge on a 964 plus a small repair) so there is not much for the owner to gain. I still come back to Bently's point that the evidence is suggestive of some form of abuse, unless it is shown that something is not allowing the clutch to fully release. While some product defect can always be referenced, that is more likely wishful thinking than the reality that somebody brutalized the box. In that case, the owner has gotten all he could fairly expect. If it was the first owner, then that risk is accomodated by the depreciated purchase price. By the way, am I the only one who would still be interested in the information held in the DME as it could be potentially enlightening? Bently, if you will.... AS

Doug H

Lloyds, AIG, CNA, large retail chains, large hotels chains and etc. generate numerous cases a month/week just in my local. You are right, my being pissed would be my problem and is not meant to be a legal standard or any argument. Just obersevration. Legal advise ain't free, but there is an argument[s] that could be presented. If it were me, I would suck it up and pay the $ 2k or $ 4k, because it wouldn't be worth my time squabble about in terms of lost billing time.

BTW, this would not seem to be a product liability claim. Product liability by definition does damage or harm to person or property other than the product itself. Just observation, meant for discussion purposes, not intending to give legal advise and etc.

Bentley

It would be difficult to imagine that the Porsche analysis system would detect the approximately pre 1,500 mile abuse that occured before this gentleman acquired the vehicle. The action causing the damage probably occured a bare minimum of times [perhaps only once]. The software might show an approach to the over-rev limit but certainly not mechanical stress to the transmission which has been evidenced. The lack of sensors on the transmission to detect such an occurence is mitigated by teardown and observation of the component parts [when there is a customer complaint]. This methodology is used by automotive manufacturers as well as some general aviation aircraft manufacturers since it is less expensive to tear down an occasional transmission that to incorporate sensors, a black box with the associated software inside in all transmissions built. By physically looking at the Molybdenum abrasion, conclusions can be metallurgically made. Now that thousands of miles have been added to the car, the on-board computer analysis would probably yield next to nothing in regard to the early motoring damage. A metallurgical analysis would be more precise.

0396

AS,

I also currently have a concern with PCNA.
Like your self, I figure it I simply write to them...maybe they will
see/understand why their solution does not meet my expectations of
a company such as Porsche.
After several letters,( CEO/CFO /COO) they STILL would not budge from their original
solution.

My last resort was to write to Wiedeking and Peter Porsche re. my concern.
In the end, they too might turn their heads the other way- I'm waiting to
see how GOOD their Porsche Customer commitment is!