R56 Skeen v. BMW of North America class action lawsuit for timing chain tensioner
#26
Update on my issue. So I emailed my complaint to MINI customer service and after a week my dealer contacted me to advise that BMW has agreed to replace my chain under the terms of the pending class action settlement. I will not have to pay and wait for reimbursement after filing a claim.
Now I just am waiting on a replacement fuel injector that failed due to the faulty DME that they replaced last week under the emissions warranty. MINI wouldn't cover the FI under the emissions warranty and I was not happy with their almost $700 estimate to replace a $60 part. So the car is apart in my garage awaiting the arrival of the new injector.
Now I just am waiting on a replacement fuel injector that failed due to the faulty DME that they replaced last week under the emissions warranty. MINI wouldn't cover the FI under the emissions warranty and I was not happy with their almost $700 estimate to replace a $60 part. So the car is apart in my garage awaiting the arrival of the new injector.
#27
I filed mine yesterday. purchased a used 07' in 2013 with 108K miles, chain came off a year later at 119k miles. Replaced engine/labor =$6500, still have mini today with 1 more yr warranty on engine. Have all receipts except any oil changes, I hope I get some $$$ back and extend my warranty on the refurb engine another 5 yrs. Anything back is better than nothing.
#28
I filed mine yesterday. purchased a used 07' in 2013 with 108K miles, chain came off a year later at 119k miles. Replaced engine/labor =$6500, still have mini today with 1 more yr warranty on engine. Have all receipts except any oil changes, I hope I get some $$$ back and extend my warranty on the refurb engine another 5 yrs. Anything back is better than nothing.
2007-2008 were 0% covered over 100k miles.
#29
I've run into this roadblock too. I filed and they kicked it back to me requesting paperwork. What to do!?
#31
#33
I rec'd the settlement letter and my '09 S Cabrio is currently at the dealer for a different issue, engine misfire, that they haven't been able to resolve. So I asked them about the chain and they offered to measure it. I just rec'd an email stating: "We measured the timing chain it is stretched to 70.1-should be less than 68. Its only going to get worse." They recommend I replace it now. But here is the kicker, the car has 11,508 miles! No typo, less than 12,000 miles and impeccably maintained with oil changes every year. Their estimate $1700-$1900 to replace the chain: "you should get reimbursed when they settle."
I spoke with the claim administrator specialist and he confirmed I will get 100% reimbursed for the repair if completed at a MINI dealer assuming the settlement is approved.
Needless to say I am less than pleased.
I spoke with the claim administrator specialist and he confirmed I will get 100% reimbursed for the repair if completed at a MINI dealer assuming the settlement is approved.
Needless to say I am less than pleased.
#34
#35
Hi guys, my daughter had a 2010 Mini Cooper S JCW that failed due to the timing chain issue. My wife was driving it at the time, engine failed. there was oil everywhere. It cost us $8000 to replace the engine (mechanic sourced a used one), the turbo was replaced as well due to damage. We have since traded it in for something more reliable since my daughter needs a reliable vehicle. I understand the 2010 hardtop is not included in the class action, but when i called Mini, they told me to submit paperwork anyways. So, we will do that and hope for the best. Good luck to u all. This is just a clusterphuck any way you look at it.
#37
#38
Timing Chain
![Thumbs Up](https://www.northamericanmotoring.com/forums/images/smilies/thumb-up.gif)
http://www.forthepeople.com/class-ac...chain-lawsuit/
#41
looking to file a claim
We had our engine replaced on our 2009 mini Cooper S in 2014. I thought it was due to timing chain. Now that there is a law suit pending, I went to look at the invoice and it states this:
"exhaust cam bolt broken, causing catastrophic engine failure. removed value cover and found exhaust cam gear bolt broken. Vacuum pump locked up. Replaced Engine as per goodwill".
We still had to pay $1,555.38. I thought I could claim this portion. But the description says nothing about timing chain.
Is any of the issues relating to the timing chain breaking first? It rattled and then locked up. It had to be towed. First to a non mini shop who did not want to touch it since it could be a warranty issues. Then we towed it to mini where it sat for days.
We have had other work done to, but this is the invoice which had the engine replaced.
FYI, I am not versed in anything mechanical concerning cars.
"exhaust cam bolt broken, causing catastrophic engine failure. removed value cover and found exhaust cam gear bolt broken. Vacuum pump locked up. Replaced Engine as per goodwill".
We still had to pay $1,555.38. I thought I could claim this portion. But the description says nothing about timing chain.
Is any of the issues relating to the timing chain breaking first? It rattled and then locked up. It had to be towed. First to a non mini shop who did not want to touch it since it could be a warranty issues. Then we towed it to mini where it sat for days.
We have had other work done to, but this is the invoice which had the engine replaced.
FYI, I am not versed in anything mechanical concerning cars.
#42
Conspicuously, the website for the lawsuit is down today..
http://www.timingchaintensionersettlement.com/
http://www.timingchaintensionersettlement.com/
#45
It would be interesting to find out if I am potentially effected by this. I'm not really sure. I think I'm outside the time/miles limit.
I have a 2009 MCS with 135,000 miles. I had the tensioner changed under the campaign when it came out, but the timing cassette was not changed, because it didn't meet the criteria.( Measurement made for chain tension was within spec's.)
I change oil every 5000 miles. It's always been Mini brand oil, and I do have all of the receipts. I'm kind of OCD that way.
So far, knock on wood, I don't seem to have any issues that I know of. Oil consumption is maybe 1qt. in between oil changes. I get a little engine noise, but not the slapping sound I've heard in internet videos. I'm getting a slight valve tick at idle intermittently.
This whole issue has been making me consider changing that timing chain cassette as a preventative measure.
I have a 2009 MCS with 135,000 miles. I had the tensioner changed under the campaign when it came out, but the timing cassette was not changed, because it didn't meet the criteria.( Measurement made for chain tension was within spec's.)
I change oil every 5000 miles. It's always been Mini brand oil, and I do have all of the receipts. I'm kind of OCD that way.
So far, knock on wood, I don't seem to have any issues that I know of. Oil consumption is maybe 1qt. in between oil changes. I get a little engine noise, but not the slapping sound I've heard in internet videos. I'm getting a slight valve tick at idle intermittently.
This whole issue has been making me consider changing that timing chain cassette as a preventative measure.
#47
Correction, the deadline has been extended:
http://www.timingchaintensionersettlement.com/
To receive a reimbursement benefit, Class Members must submit a Claim Form postmarked on or before July 1, 2016 (July 21, 2016 for class members from KS, NH, OK, PA; or August 29, 2016 for class members from HI).
#48
Deadline to file extended.
IMPORTANT:
This Notice is to let you know that the deadlines in this Settlement have been extended. If you wish to file a claim, object to, or opt-out of (exclude yourself from) the Settlement, the deadline has been EXTENDED to July 1, 2016. If you live in Kansas, New Hampshire, Oklahoma, or Pennsylvania, the deadline to submit a claim has been EXTENDED to July 21, 2016. If you live in Hawai’i the deadline to submit a claim has been EXTENDED to August 29, 2016. Residents of Kansas, New Hampshire, Oklahoma, Pennsylvania, and Hawai’i still must object to or opt-out of the Settlement by July 1, 2016.
YOU ARE RECEIVING THIS EMAIL BECAUSE YOU OR SOMEONE IN YOUR FAMILY MAY HAVE OWNED OR LEASED A MINI COOPER.
Why did I get this notice? You or someone in your family may have owned or leased a MINI Cooper. The Court sent you this notice because you have a right to know about a proposed Settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the Settlement. If the Court approves it and after objections and appeals are resolved, an administrator appointed by the Court will make the payments that the Settlement allows.
This notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. The Court in charge of the case is the United States District Court for the District of New Jersey, and the case is Skeen v. BMW of North America, LLC, civil action no. 2:13-cv-01531-WHW-CLW. The people who sued are called Plaintiffs, and the companies they sued, BMW of North America, LLC and Bayerische Motoren Werke Aktiengesellschaft, are called the Defendants. What is the lawsuit about? The lawsuit claimed that BMW made and sold certain MINI Coopers knowing that the cars had defective timing chain components, which are parts inside the engine. Defendants deny they did anything wrong and stand behind and support their products. The Court did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to a Settlement. That way, they avoid the cost and risk of a trial, so that the people affected will get benefits. The Class Representatives and the attorneys think the Settlement is best for everyone.
How do I know if I am part of the Settlement? You are a Class Member if you are a current or former owner or lessee within the United States, the District of Columbia, and Puerto Rico of the following vehicles, manufactured at any time from start of production in November 2006 through July 2010:
What are my options? If you don’t want to be legally bound by the Settlement, you must exclude yourself by July 1, 2016, or you won’t be able to sue BMW about the legal claims in the Action. If you exclude yourself, you cannot receive a warranty extension and/or cash payment from this Settlement. If you stay in the Settlement, you may object to it by July 1, 2016. The detailed notice explains how to exclude yourself or object. The Court has scheduled a hearing for July 14, 2016 to consider whether to approve the Settlement. You may ask to appear at the hearing, but you don’t have to.
More information? For complete information about the Settlement, to view the Settlement Agreement, related Court documents and Claim Form, and to learn more about how to exercise your various options under the Settlement, visit www.TimingChainTensionerSettlement.com. If your web-browser is preventing the hyperlink from working, enter the URL address manually into your browser. You may also call the Skeen v. BMW NA Claims Administrator at 1-844-864-9682 or write to: Skeen v. BMW NA Claims Administrator, c/o Class Action Administration, Inc., PO Box 6878, Broomfield, CO 80021.
This Notice is to let you know that the deadlines in this Settlement have been extended. If you wish to file a claim, object to, or opt-out of (exclude yourself from) the Settlement, the deadline has been EXTENDED to July 1, 2016. If you live in Kansas, New Hampshire, Oklahoma, or Pennsylvania, the deadline to submit a claim has been EXTENDED to July 21, 2016. If you live in Hawai’i the deadline to submit a claim has been EXTENDED to August 29, 2016. Residents of Kansas, New Hampshire, Oklahoma, Pennsylvania, and Hawai’i still must object to or opt-out of the Settlement by July 1, 2016.
YOU ARE RECEIVING THIS EMAIL BECAUSE YOU OR SOMEONE IN YOUR FAMILY MAY HAVE OWNED OR LEASED A MINI COOPER.
Why did I get this notice? You or someone in your family may have owned or leased a MINI Cooper. The Court sent you this notice because you have a right to know about a proposed Settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the Settlement. If the Court approves it and after objections and appeals are resolved, an administrator appointed by the Court will make the payments that the Settlement allows.
This notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. The Court in charge of the case is the United States District Court for the District of New Jersey, and the case is Skeen v. BMW of North America, LLC, civil action no. 2:13-cv-01531-WHW-CLW. The people who sued are called Plaintiffs, and the companies they sued, BMW of North America, LLC and Bayerische Motoren Werke Aktiengesellschaft, are called the Defendants. What is the lawsuit about? The lawsuit claimed that BMW made and sold certain MINI Coopers knowing that the cars had defective timing chain components, which are parts inside the engine. Defendants deny they did anything wrong and stand behind and support their products. The Court did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to a Settlement. That way, they avoid the cost and risk of a trial, so that the people affected will get benefits. The Class Representatives and the attorneys think the Settlement is best for everyone.
How do I know if I am part of the Settlement? You are a Class Member if you are a current or former owner or lessee within the United States, the District of Columbia, and Puerto Rico of the following vehicles, manufactured at any time from start of production in November 2006 through July 2010:
- 2008 through 2009 model year MINI Cooper S Clubman (R55)
- 2007 through 2009 model year MINI Cooper S Hardtop (R56)
- 2009 through 2010 model year MINI Cooper S Convertible (R57)
What are my options? If you don’t want to be legally bound by the Settlement, you must exclude yourself by July 1, 2016, or you won’t be able to sue BMW about the legal claims in the Action. If you exclude yourself, you cannot receive a warranty extension and/or cash payment from this Settlement. If you stay in the Settlement, you may object to it by July 1, 2016. The detailed notice explains how to exclude yourself or object. The Court has scheduled a hearing for July 14, 2016 to consider whether to approve the Settlement. You may ask to appear at the hearing, but you don’t have to.
More information? For complete information about the Settlement, to view the Settlement Agreement, related Court documents and Claim Form, and to learn more about how to exercise your various options under the Settlement, visit www.TimingChainTensionerSettlement.com. If your web-browser is preventing the hyperlink from working, enter the URL address manually into your browser. You may also call the Skeen v. BMW NA Claims Administrator at 1-844-864-9682 or write to: Skeen v. BMW NA Claims Administrator, c/o Class Action Administration, Inc., PO Box 6878, Broomfield, CO 80021.
#49
Object or Exclude? Skeen vs BMW
Deadline to respond in this case is July 1, 2016 in Oregon.
Mini of Portland replaced timing chain assembly without my asking the first time I brought it in for service, the month I bought it in 2014, with 28,000 miles.
My in-service date puts me beyond any benefits from this settlement, (ridiculous, with such low mileage??) so in case I have problems down the road I was going to Exclude myself from the settlement to allow me to pursue another settlement.
I saw an earlier post recommending to write the court and Object, but that would mean I'm without recourse should the decision stand as is.
What is the consensus? Object or Exclude?
And, does anyone know if the tensioner or anything was redesigned to hold up, or did they just swap it? Mini wasn't talking!
Thanks!
Mini of Portland replaced timing chain assembly without my asking the first time I brought it in for service, the month I bought it in 2014, with 28,000 miles.
My in-service date puts me beyond any benefits from this settlement, (ridiculous, with such low mileage??) so in case I have problems down the road I was going to Exclude myself from the settlement to allow me to pursue another settlement.
I saw an earlier post recommending to write the court and Object, but that would mean I'm without recourse should the decision stand as is.
What is the consensus? Object or Exclude?
And, does anyone know if the tensioner or anything was redesigned to hold up, or did they just swap it? Mini wasn't talking!
Thanks!
#50
To join the lawsuit or not?
I just bought a 2008 Mini Cooper S 3 months ago and on Monday it flipped out, running super rough, took it to the shop to get the oil checked & that didn't fix it. Had it towed to a local repair shop and was told the timing chain tensioner broke and I will have to replace the engine. Now, he's no expert on these cars and I'm getting it towed home tomorrow. I just found out about this lawsuit and am scrambling to try and get papers in order but even if I do, I may only get 10% reimbursement back for getting it fixed, which is quotes as being over $7k!! I was trying to figure out how to object to or be excluded from the lawsuit if I decide to but don't yet find that info on that lawsuit site. Anyone else in the same boat?? Could certainly use some info. Thanks!