R56 Skeen v. BMW of North America class action lawsuit for timing chain tensioner
#1
02-19-2016, 09:54 AM
Skeen v. BMW of North America class action lawsuit for timing chain tensioner
I just got this email. forgive me if theres already threads about it. I didn't see any.
my car's vin wasn't part of the timing chain tensioner recall or tsb(whatever it was). yet it still needed to be replaced. done so under 3rd party warranty. I did have to pay a deductible.
after googling a bit it looks like mini has agreed to settle.
my car's vin wasn't part of the timing chain tensioner recall or tsb(whatever it was). yet it still needed to be replaced. done so under 3rd party warranty. I did have to pay a deductible.
after googling a bit it looks like mini has agreed to settle.
NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
SKEEN V. BMW OF NORTH AMERICA, LLC
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 other options? If you don’t want to be legally bound by the Settlement, you must exclude yourself by June 20, 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 June 20, 2016. The detailed notice explains how to exclude yourself or object. The Court has scheduled a hearing for May 9, 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.
Please use the contact information above for questions regarding this notice. This is an automated email and is not monitored, so replies to this email address will not be answered.
SKEEN V. BMW OF NORTH AMERICA, LLC
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 other options? If you don’t want to be legally bound by the Settlement, you must exclude yourself by June 20, 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 June 20, 2016. The detailed notice explains how to exclude yourself or object. The Court has scheduled a hearing for May 9, 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.
Please use the contact information above for questions regarding this notice. This is an automated email and is not monitored, so replies to this email address will not be answered.
#2
02-22-2016, 05:15 AM
2nd Gear
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#3
02-22-2016, 09:22 PM
2nd Gear
I got the same letter in the mail today, although my car is just now starting to have that dreaded "rattle" at 115947 miles. I wanted to know if the problem has not yet occurred, can we take it to the MINI dealership to have it pre-emptively replaced? I'll call a couple of the MINI dealerships here in FL to get estimates on what it would cost, and whether they'll "put it on BMW's tab", so that I don't have any out-of-pocket costs associated with it.
#7
02-24-2016, 05:34 AM
Trending Topics
#8
02-24-2016, 09:28 AM
My 2010 JCW has the N14 engine and I had to have the tensioner replaced at 55k miles, so I would certainly hope my car is covered. But the "class vehicle" description technically doesn't include my car. I wondered if it was just an oversight/misunderstanding by the judge (or the fact that the named parties in the class weren't JCW owners), but...
It's a lot of paperwork to gather up -- you have to prove adherence to the oil change/maintenance schedule -- only to be denied by a technicality. "Oh, yours isn't one of the listed class vehicles."
It seems they should have just expanded the class to any MINI with the N14 engine, no?
You'd also think that, if you had all of your service done by BMW/MINI (I have) that you could just authorize them to check your service record, rather than having to send in copies of every oil change I've had for five years. Ridiculous.
I e-mailed the class action administrator and explained the situation with my car and asked for guidance. Of course, I received a very unhelpful boilerplate response parroting what's written in the settlement papers.
Anyone else in a similar boat or have any idea if there's a way to request that the class be amended?
#9
02-24-2016, 11:09 AM
#11
02-25-2016, 10:09 AM
#12
02-25-2016, 10:15 AM
#13
02-25-2016, 10:21 AM
#14
02-25-2016, 10:28 AM
thats probably your personal claim id. each person probably has a different one. you may want to remove it from your post
#15
02-25-2016, 10:57 AM
I'm wondering exactly this myself.
My 2010 JCW has the N14 engine and I had to have the tensioner replaced at 55k miles, so I would certainly hope my car is covered. But the "class vehicle" description technically doesn't include my car. I wondered if it was just an oversight/misunderstanding by the judge (or the fact that the named parties in the class weren't JCW owners), but...
It's a lot of paperwork to gather up -- you have to prove adherence to the oil change/maintenance schedule -- only to be denied by a technicality. "Oh, yours isn't one of the listed class vehicles."
It seems they should have just expanded the class to any MINI with the N14 engine, no?
You'd also think that, if you had all of your service done by BMW/MINI (I have) that you could just authorize them to check your service record, rather than having to send in copies of every oil change I've had for five years. Ridiculous.
I e-mailed the class action administrator and explained the situation with my car and asked for guidance. Of course, I received a very unhelpful boilerplate response parroting what's written in the settlement papers.
Anyone else in a similar boat or have any idea if there's a way to request that the class be amended?
My 2010 JCW has the N14 engine and I had to have the tensioner replaced at 55k miles, so I would certainly hope my car is covered. But the "class vehicle" description technically doesn't include my car. I wondered if it was just an oversight/misunderstanding by the judge (or the fact that the named parties in the class weren't JCW owners), but...
It's a lot of paperwork to gather up -- you have to prove adherence to the oil change/maintenance schedule -- only to be denied by a technicality. "Oh, yours isn't one of the listed class vehicles."
It seems they should have just expanded the class to any MINI with the N14 engine, no?
You'd also think that, if you had all of your service done by BMW/MINI (I have) that you could just authorize them to check your service record, rather than having to send in copies of every oil change I've had for five years. Ridiculous.
I e-mailed the class action administrator and explained the situation with my car and asked for guidance. Of course, I received a very unhelpful boilerplate response parroting what's written in the settlement papers.
Anyone else in a similar boat or have any idea if there's a way to request that the class be amended?
#16
03-04-2016, 08:02 PM
For R-56 series/N-14 MINI owners in the USA who haven't already suffered a timing chain failure on your N-14 engine, you have received (or will soon) a settlement proposal on the Class Action suit. I suggest you send back an OBJECTION to the settlement, because the 'extended warranty coverage' for the issue has already expired for 2007-08 years models, and is expiring as I type for the 2009 m.y. MINIs. The proposed warranty extension settlement really only offers minor benefit for 2010 m.y. cars.
-------
WARRANTY EXTENSION FOR COVERED PARTS
(“Covered Parts” means timing-chain tensioner; sealing ring; timing chain; guide rail; tensioner rail; sliding rail; sprocket on the crankshaft; bearing bolts for the tensioner and guide rails. Where a timing chain has been repaired or replaced, “Covered Parts” includes oil change, oil filter, and cleaning of oil pan.")
All Class Vehicles will receive an automatic warranty extension for original Covered Parts, which will run for 7 years/100,000 miles from the Class Vehicle’s in-service date, whichever comes first, and will be subject to the terms and conditions of the MINI Warranty.
------
P.S. I heard a dealer tell a customer with a 2008 that only had 50,000 miles on the odo that their timing chain repair estimate was $9K. Because they fall outside of the proposed extended warranty, there may not be any coverage for them.
-------
WARRANTY EXTENSION FOR COVERED PARTS
(“Covered Parts” means timing-chain tensioner; sealing ring; timing chain; guide rail; tensioner rail; sliding rail; sprocket on the crankshaft; bearing bolts for the tensioner and guide rails. Where a timing chain has been repaired or replaced, “Covered Parts” includes oil change, oil filter, and cleaning of oil pan.")
All Class Vehicles will receive an automatic warranty extension for original Covered Parts, which will run for 7 years/100,000 miles from the Class Vehicle’s in-service date, whichever comes first, and will be subject to the terms and conditions of the MINI Warranty.
------
P.S. I heard a dealer tell a customer with a 2008 that only had 50,000 miles on the odo that their timing chain repair estimate was $9K. Because they fall outside of the proposed extended warranty, there may not be any coverage for them.
#17
03-06-2016, 12:44 AM
#18
03-06-2016, 01:36 PM
it pays to have a warranty on these cars.
#19
03-07-2016, 03:42 PM
3rd Gear
Timing chain replacement @ 11,500 miles
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.
#20
03-07-2016, 04:35 PM
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.
#21
03-07-2016, 05:10 PM
3rd Gear
PM Summer,
Agreed, my service date is August '09. Just really PO'd that I have to put out $1700+ for something that should be covered without a class action settlement. And I wish they could find the "computer" issue that has my engine in "limp home" mode. It's been in the shop for days and all the service manager can tell me is "I've never seen a problem like this."
Agreed, my service date is August '09. Just really PO'd that I have to put out $1700+ for something that should be covered without a class action settlement. And I wish they could find the "computer" issue that has my engine in "limp home" mode. It's been in the shop for days and all the service manager can tell me is "I've never seen a problem like this."
#22
03-07-2016, 05:29 PM
PM Summer,
Agreed, my service date is August '09. Just really PO'd that I have to put out $1700+ for something that should be covered without a class action settlement. And I wish they could find the "computer" issue that has my engine in "limp home" mode. It's been in the shop for days and all the service manager can tell me is "I've never seen a problem like this."
Agreed, my service date is August '09. Just really PO'd that I have to put out $1700+ for something that should be covered without a class action settlement. And I wish they could find the "computer" issue that has my engine in "limp home" mode. It's been in the shop for days and all the service manager can tell me is "I've never seen a problem like this."
Looking at the so-called 'settlement', I have to wonder if MINI instituted the Class Action themselves (by the 3rd Party) just to lock in a very favorable result.
My in service date is March 15, 2009. It expires next week (but I do have 75K on the clock).
Last edited by pmsummer; 03-07-2016 at 05:36 PM.
#23
03-09-2016, 12:03 AM
So what if my 2007 had a record of at least 3 timing related things since 2012 and the dealer was so lazy that they never replaced the chain or lower guides, which ultimately led to chain failure and piston damage?
One time the top guide was missing....so they just replaced the top guide and checked/replaced tensioner and called it good. I bought it from someone in the family based on symptoms described. I think the dealer actually tried starting it after it was towed there with a working engine, so they likely killed the engine too.
This settlement says I get 0% covered for the rebuild. I'll probably just send the opposition back since it's 0 coverage for 2008+ anyways.
One time the top guide was missing....so they just replaced the top guide and checked/replaced tensioner and called it good. I bought it from someone in the family based on symptoms described. I think the dealer actually tried starting it after it was towed there with a working engine, so they likely killed the engine too.
This settlement says I get 0% covered for the rebuild. I'll probably just send the opposition back since it's 0 coverage for 2008+ anyways.
#24
03-10-2016, 01:00 PM
So here's my deal...bought my 07 MCS used with just over 40k miles on it in 2012. Car had a new timing chain replaced at 14k miles.
The car had multiple issues with oil usage during my first years of ownership, and as a result, required a new timing chain in 2015, at just over 62k miles. This was done under warranty. However, the car continued to use oil - not leak oil, as there was no oil on the driveway, garage floor, or on the engine itself. Increased my oil change frequency to just over 3k miles, with the largest span being 4200 miles. This continued until my latest issue.
The vehicle continued to use oil - at least a quart every two to three weeks.
This past January, the timing chain went out - AGAIN! And of course, just 3 weeks out of the 2-year warranty on the last replacement chain! And just over 72k miles!!!Neither Mini nor my local mini dealer would cover the cost! Three timing chains in less than 75k miles! Totally unacceptable!
With that, the dealer wanted to do an "oil consumption study", to track the loss of oil. Note that both Mini and my dealer admitted that the loss of oil directly impacts the timing chain (of course! That's what I had been saying all along!). So, with the engine continually using oil, the chain itself will wear quicker, which means I will be needing another chain in around 10k miles!
Anyway, the study was done. Two weeks after the timing chain replacement, and just over 500 miles, no oil lost. Next check was two weeks later, and again just over 500 miles. 1 quart of oil low.
A leak down test was done - at dealer cost. They did not find any contributor, but suggested that we replace the valve cover. I will note that my SA told me on the phone they had found the problem, but the paperwork when I went to pick up the car said otherwise.
This, too, was my cost. No support from Mini nor my dealer.
This is completely unacceptable. I have a manufacturer that will not stand behind what they make, and a dealer that will not stand behind what they sell.
I will NOT buy another Mini, and I will NOT return to my dealer.
The car had multiple issues with oil usage during my first years of ownership, and as a result, required a new timing chain in 2015, at just over 62k miles. This was done under warranty. However, the car continued to use oil - not leak oil, as there was no oil on the driveway, garage floor, or on the engine itself. Increased my oil change frequency to just over 3k miles, with the largest span being 4200 miles. This continued until my latest issue.
The vehicle continued to use oil - at least a quart every two to three weeks.
This past January, the timing chain went out - AGAIN! And of course, just 3 weeks out of the 2-year warranty on the last replacement chain! And just over 72k miles!!!Neither Mini nor my local mini dealer would cover the cost! Three timing chains in less than 75k miles! Totally unacceptable!
With that, the dealer wanted to do an "oil consumption study", to track the loss of oil. Note that both Mini and my dealer admitted that the loss of oil directly impacts the timing chain (of course! That's what I had been saying all along!). So, with the engine continually using oil, the chain itself will wear quicker, which means I will be needing another chain in around 10k miles!
Anyway, the study was done. Two weeks after the timing chain replacement, and just over 500 miles, no oil lost. Next check was two weeks later, and again just over 500 miles. 1 quart of oil low.
A leak down test was done - at dealer cost. They did not find any contributor, but suggested that we replace the valve cover. I will note that my SA told me on the phone they had found the problem, but the paperwork when I went to pick up the car said otherwise.
This, too, was my cost. No support from Mini nor my dealer.
This is completely unacceptable. I have a manufacturer that will not stand behind what they make, and a dealer that will not stand behind what they sell.
I will NOT buy another Mini, and I will NOT return to my dealer.
#25
03-13-2016, 10:34 AM
1st Gear