Headed to court: Me vs. BMW North America
#26
02-06-2009 | 11:22 PM
OVERDRIVE
Joined: May 2005
Posts: 8,233
Likes: 123
From: San Francisco
#27
02-07-2009 | 04:05 PM
6th Gear
Joined: Dec 2006
Posts: 1,113
Likes: 0
For you not showing up is the best thing that could have happened. You win by default. Sort of like a forfeit. I'm surprised they didn't show up and at least settle out of court before the hearing and give you what you wanted. That way they would have a least not ticked off the Judge. Seems kind of dumb to lose and tick him off.
#28
02-07-2009 | 09:29 PM
2nd Gear
Joined: Dec 2008
Posts: 94
Likes: 0
For you not showing up is the best thing that could have happened. You win by default. Sort of like a forfeit. I'm surprised they didn't show up and at least settle out of court before the hearing and give you what you wanted. That way they would have a least not ticked off the Judge. Seems kind of dumb to lose and tick him off.
#29
02-08-2009 | 07:17 AM
4th Gear
Joined: Jul 2008
Posts: 341
Likes: 0
#30
02-08-2009 | 08:37 PM
Get an attorney.
#31
02-09-2009 | 12:55 PM
6th Gear
Joined: Dec 2007
Posts: 2,972
Likes: 1
From: South Florida
I guess it is cheaper for them not to show up, reimburse you the cost of the car, + expenses + court costs and to openly admit to a defect in the car and open up an even bigger can of worms.
The judge started the hearing 30 minutes late to give BMW time to show up. They never showed so the Judge went ahead with the hearing. I still had to present my case since the burden of proof was still on me.
We thoroughly went through every service record, written correspondence, and evidence for and hour and a half. I think I stated my case well.
It didn't look good either that BMW didn't even send a fax, phone call or email to acknowledge the hearing. I was told since they didn't show, they defaulted and cannot enter in any motions against the information that was covered during the hearing--case closed!
I think I successfully proved that there is a defect in the suspenion system and requested my vehicle be repurchased and my expenses be reimbursed.
I'll hear back within 60 days on how the judge decided to rule, then the ruling will be sent to the state transporation department to process the final decision.
We thoroughly went through every service record, written correspondence, and evidence for and hour and a half. I think I stated my case well.
It didn't look good either that BMW didn't even send a fax, phone call or email to acknowledge the hearing. I was told since they didn't show, they defaulted and cannot enter in any motions against the information that was covered during the hearing--case closed!
I think I successfully proved that there is a defect in the suspenion system and requested my vehicle be repurchased and my expenses be reimbursed.
I'll hear back within 60 days on how the judge decided to rule, then the ruling will be sent to the state transporation department to process the final decision.
#32
02-11-2009 | 02:53 PM
6th Gear
Joined: Aug 2004
Posts: 3,880
Likes: 3
From: Your Worst Nightmare :)
#33
02-11-2009 | 04:41 PM
I gotta ask...You are in Dallas as per the location stated.
Do you know about MetroplexMINI.org? I know you should not have too, but the club is friendly with both dealerships, with techs, MA's and SA's as club members and regulars on the MM.org forums. It's quite possible the club could have helped in this matter before it reached this point.
Did you go to both dealers in the area?
Besides the dealers there are some very good independent shops in the area as well. Did you have this verified by any of them?
There is power in numbers, the message here is to seek out your local clubs and be at least mildly active, amazing all the help one can get.
Do you know about MetroplexMINI.org? I know you should not have too, but the club is friendly with both dealerships, with techs, MA's and SA's as club members and regulars on the MM.org forums. It's quite possible the club could have helped in this matter before it reached this point.
Did you go to both dealers in the area?
Besides the dealers there are some very good independent shops in the area as well. Did you have this verified by any of them?
There is power in numbers, the message here is to seek out your local clubs and be at least mildly active, amazing all the help one can get.
#34
02-13-2009 | 03:36 PM
Thread Starter
|
2nd Gear
Joined: May 2008
Posts: 105
Likes: 1
From: Dallas, Texas
I've been to both dealerships in Dallas. I bought my mini from Moritz Mini. I like the service advisors and sales people better at Mortiz and you don't have to wait weeks to get in for maintenance.
I don't know what it is about Dallas (hint: Dallas is very pretentious no matter where you go
, but the pretentious level shoots way up compared to the suburbs like Arlington where Moritz is located.
When I went in for service with Mini of Dallas, They were 40 cars deep in the service department. I was told I could leave my car but it might be a week before anyone even looked at it. In addition, during my efforts to fix the issue with my mini, I was ignored by 2 service advisors when it came to returning my calls.
I don't know what it is about Dallas (hint: Dallas is very pretentious no matter where you go
, but the pretentious level shoots way up compared to the suburbs like Arlington where Moritz is located.When I went in for service with Mini of Dallas, They were 40 cars deep in the service department. I was told I could leave my car but it might be a week before anyone even looked at it. In addition, during my efforts to fix the issue with my mini, I was ignored by 2 service advisors when it came to returning my calls.
Last edited by SparklingMini; 02-13-2009 at 03:44 PM.
#37
04-15-2009 | 08:18 PM
2nd Gear
Joined: Mar 2007
Posts: 115
Likes: 0
From: sacramento
How does the ending turn out?
I've been to both dealerships in Dallas. I bought my mini from Moritz Mini. I like the service advisors and sales people better at Mortiz and you don't have to wait weeks to get in for maintenance.
I don't know what it is about Dallas (hint: Dallas is very pretentious no matter where you go, but the pretentious level shoots way up compared to the suburbs like Arlington where Moritz is located.
When I went in for service with Mini of Dallas, They were 40 cars deep in the service department. I was told I could leave my car but it might be a week before anyone even looked at it. In addition, during my efforts to fix the issue with my mini, I was ignored by 2 service advisors when it came to returning my calls.
I don't know what it is about Dallas (hint: Dallas is very pretentious no matter where you go
, but the pretentious level shoots way up compared to the suburbs like Arlington where Moritz is located.When I went in for service with Mini of Dallas, They were 40 cars deep in the service department. I was told I could leave my car but it might be a week before anyone even looked at it. In addition, during my efforts to fix the issue with my mini, I was ignored by 2 service advisors when it came to returning my calls.
#39
04-16-2009 | 07:30 AM
Thread Starter
|
2nd Gear
Joined: May 2008
Posts: 105
Likes: 1
From: Dallas, Texas
#40
04-16-2009 | 07:37 AM
6th Gear
Joined: Jan 2003
Posts: 38,578
Likes: 2
#41
04-16-2009 | 08:28 AM
2nd Gear
Joined: Dec 2008
Posts: 94
Likes: 0
I WON my case in court. I received the judges decision in the mail April 7th. The judgment is for the plaintiff. BMW will repurchase my vehicle. I'll also be reimbursed for all the expenses incurred in trying to fix the problem, plus the equity I have in the vehicle.
#43
04-17-2009 | 02:46 AM
5th Gear
Joined: Jun 2007
Posts: 895
Likes: 1
From: Canton, GA
I WON my case in court. I received the judges decision in the mail April 7th. The judgment is for the plaintiff. BMW will repurchase my vehicle. I'll also be reimbursed for all the expenses incurred in trying to fix the problem, plus the equity I have in the vehicle.
Unfortunately they've responded to my queries.... ....negatively and in a way that affects ALL MINI OWNERS WHO MOD THEIR CARS...
https://www.northamericanmotoring.co...d-to-vent.html
#44
04-17-2009 | 10:40 AM
2nd Gear
Joined: Mar 2007
Posts: 115
Likes: 0
From: sacramento
Great News
Congrats; now wish me luck.
Unfortunately they've responded to my queries.... ....negatively and in a way that affects ALL MINI OWNERS WHO MOD THEIR CARS...
https://www.northamericanmotoring.co...d-to-vent.html
Unfortunately they've responded to my queries.... ....negatively and in a way that affects ALL MINI OWNERS WHO MOD THEIR CARS...
https://www.northamericanmotoring.co...d-to-vent.html
I told the dealership I no longer have any confidence in the reliability of this car and informed them I was going to file a Lemon Claim if we couldn't work something out...they are offering to take the car in trade.
My response to that was after reading the forums, I would be going back to a BMW (a real one). They were open to that since they also have the BMW dealership. I hope to have this resolved in the next week.
At least Mini provided a loaner car...an 09 MCSa...and I think that car solidified my decision to go back to a regular BMW product (previous BMW's were 99% problem free for us).
#45
04-17-2009 | 10:55 AM
5th Gear
Joined: Jun 2007
Posts: 895
Likes: 1
From: Canton, GA
#46
04-17-2009 | 11:45 AM
#47
04-18-2009 | 07:53 AM
2nd Gear
Joined: Mar 2007
Posts: 115
Likes: 0
From: sacramento
We're about to have a baby and the warranty on this vehicle will be up in 5K miles. I don't need the additional stress of thinking the car is going to be in the shop with this kind of frequency plus cost out of my pocket. I think we may take it (eyeing a CPO 06 330i). Although I am going to ask him to at least meet me half way on what those sites suggested the trade in value be.
Turns out this last incident the tech did not properly attach a PVC hose causing this latest issue. We're still waiting on the parts for the tensioner replacement.
#48
04-20-2009 | 07:38 AM
5th Gear
Joined: Jun 2007
Posts: 895
Likes: 1
From: Canton, GA
Well they offered $17K for the trade...about $1.5K less than what KBB or Edunds TMV would state.
We're about to have a baby and the warranty on this vehicle will be up in 5K miles. I don't need the additional stress of thinking the car is going to be in the shop with this kind of frequency plus cost out of my pocket.
We're about to have a baby and the warranty on this vehicle will be up in 5K miles. I don't need the additional stress of thinking the car is going to be in the shop with this kind of frequency plus cost out of my pocket.
I have heart problems and this is causing my blood pressure to go off the charts. I've enjoyed all 3 of my MINIs but they're killing me now...
Thread
Thread Starter
Forum
Replies
Last Post
ECSTuning
Vendor Announcements
0
08-19-2015 12:51 PM