I still think that there's a relationship between the transmission replacement (BTW, have you researched THAT issue? You didn't just have an oddball defective transmission...there's a whole on-going issue that MINI is having with the 5-speed "Midlands" transmissions failing early. You should educate yourself on that issue too.) and the failed clutch. And at any rate, clutches don't "crumble" at 13,000 miles. Not unless you're doing burnouts at every start...and if that were the case, there'd be other damage to show. Not just the clutch.

Your mistake here is probably going to one dealer for the original problem and then another to fix something that may be related. Unfortunately, there's no way that this is going to get resolved without your forcing Tate to bring in the BMW/MINI regional folks...and yes, you need to call on MINIDivision too. My advice is to NOT EVEN MENTION the issue of whatever non-transmission mods you may have done. As has been amply discussed here, these have nothing to do with your current problem and you don't need to cloud the issue.

But you have to fight this, and don't just go ahead and pay (that would indeed be bending over). There's no reason why this can't be resolved within the week with the proper escalation of the issue (that's up to you).

Good luck, and let us know how it goes!

 

More than likely as mentioned by others your clutch issue is realated to the warranty work that was performed at 3,000 miles. If the clutch crumbled out when they took it off the clutch was overheated severly due to improper clutch adjustment and constant slippage of the clutch. So unless you drive with your foot constantly on the clutch then it probably should be fixed under warranty. Is the clutch considered a warranty item or is it a wear item like tires/brakepads/belts etc?

 

^ It's a warranty item when it wears out at 13,000 miles...unless (as everyone's noting) he drives with his foot on the clutch and/or drag races. Which supposedly he doesn't do. On the other hand, that's what his dealer seems to be insinuating (i.e. that just because he has a few common performance mods, he drives like an idiot).

 

well,
i called the guy back, and asked if they could prove that my driving habits caused this. He stated to me that; The Clutch is a normal wear and tear issue, like your brake rotors and pads. So, I have to pay in full.

i am baffled. disturbed. real pissed.

I think it's about time to move on...

=Danny=

 

>>well,
>>i called the guy back, and asked if they could prove that my driving habits caused this. He stated to me that; The Clutch is a normal wear and tear issue, like your brake rotors and pads. So, I have to pay in full.
>>
>>i am baffled. disturbed. real pissed.
>>
>>I think it's about time to move on...
>>
>>=Danny=

Hmmm. I thought brake rotors and pads were covered???????????

 

I thought it was also covered until 35k or if you extended it to 50k. This is really messed up.................... :evil: :evil:

 

I know that the extended maintenance plan (not the warranty) specifically lists a clutch replacement, where the standard 3/36 maintenance plan doesn't list a clutch replacement...

 

Danny,

You have to fight these guys. They know they couldn't prove that your mods caused the problems so now they are using driver abuse as an excuse. There have been lots of people who have had clutches changed. A friend had her clutch changed at less than 1000 miles. Perhaps compiling a list of clutch changes and mileage at change would help you. Make sure your car is put back together properly with everything tight and secure.

You really need to put a http://www.MINI-Pooper.com sticker on your car. If you want one, PM me and I'll send it to you as I bought a few. MINI-Pooper usually charges a small fee for these to support website costs, but you deserve one gratis.

 

You really should fight it. Talk directly with MINI USA. If that doesn't work have a lawyer write a letter to MINI. Even if you pay for your clutch I would think it if pretty likely along the way you could get MINI to pay you back for it. Fight it now as much as you can and if you have to pay get your car back go ahead. They can pay you back later for their mistake.

 

Danny

I had clutch and tranny problems on my 03 cooper s and mini fixed under warranty without any problems.

I have 15% pulley, exhaust, alta intake and they never complaint about them. they fixed them twice and also change my rotors and pads for free and I have 215/40/17 and no complaints again.

You have to fight them and do not let go.


Good luck

Carlos

 

I told the guy's to go and fix the car (i kind of need the car). Where do I go from here? who do i contact??? help!

=Danny=

 

I think the major difference here is weather or not your "dealer" is willing to fight for you. If you find a good dealer who is on your side and agrees that this clutch issue sounds like it could have been cause by or related to the transmission change at 3k miles then I'm sure they wouldn't have any issues getting a positive response from MINI on this warranty claim. But, if you get the wrong dealer who just doesn't want to help you out or anyone out, then you are going to have a problem. They are just going to lie to you to prevent themselfs a little extra paperwork or a few extra phone calls. Also, this dealer has already given you problems about your mods which he knows has nothing to do with your problem. My guess is that they have another agenda here and it's probably to cover their ***. I say this because the dealer themselves may have an issue submitting a clutch replacement claim under warranty when the transmission and clutch was replaced at 3kmiles. Your best bet is to find another dealer who will treat you fair and doesn't mind going the extra mile to make a few phone calls for you. These dealer do exist but I think more of them will just want you to go away to avoid putting in a little effort on their part.

 

>>I told the guy's to go and fix the car (i kind of need the car). Where do I go from here? who do i contact??? help!

Sorry to hear about your situation!
How much was it to replace the clutch?

 

dlaugh,

Excellent post!



CoopingInDC,

Keep fighting & keep us posted. Tate is the closest dealer to me, but I'll make the trip to Sterling for future service if Tate doesn't do the right thing.

 

Thanks!

I've seen so many repeated assertions about the MM act, I thought I should actually read the text of the statute and figure out why everyone thinks it is a tuner's best friend.

 

We just got rid of our 2002 X5 (we're sticking with the 03 MCS for a while longer - it's just too fun) because of the exact treatment you're experiencing.

After 2.5 years and 32K miles our X5 had been at the dealership no less than 15 times. A flaw in the grey leather upholstrey was denied warranty repairs because we didn't use BMWs brand of leather cleaner..............the list goes on.....AC out at 21K, throttle body unit replaced at 15K.........ABS replacement at (tried to blame on my wife's driving habits)7K..........deteriorating interior trim pieces (tried to blame on cleaner we were using)..............

Rest assured that BMW owners who fork over $50K get treated with no better respect and their cars are no more reliable than Mini owners who spend $20K.

When we picked up my wife's new Hemi-powered Durango Limited two days ago, the dealer specifically pointed out our lemon-law rights and the moss-magnusson act - they even handed out pamphlettes on both.

I will never buy a BMW product again. I will also make try my hardest to make sure no one in my company or my union will either - what a crappy company..............

 

Alright,
I am in contact with MiniUSA. I am going to see what mini can do for me, instead of this dealer. Here's exactly what I typed to Mini Cooper:

The issue with my car Started when My car had 3,000 miles on it. I was driving home one day, and the car stalled. Mini Roadside assistance came and got the car, took it to Mini of Sterling in Sterling, VA, and replaced the entire transmission, including the clutch, under warranty. Everything seems worry free after Sterling swiftly fixed the car, and I was very satisfied with everything. Now, the car has always had some issues, little things here and there, and I made an appointment to get the car check out about two weeks ago. As I was pulling out to go into work for the day, the car couldn't hit ANY gears. I was forced to drive to work with basically no clutch. I was surprised, because the clutch showed no signs of wear and tear before, it just gave up. So, I take the car to Tate Mini in Annapolis, MD, which is the closest dealership from my work. I explain the problem, leave the car there, and they said they would get back to me as soon as possible. 5 Days later, I receive a call from the service tech, Chris. He was very nice, but stated we had a problem. He said that because of my modifications to the car, I would be forced to pay for whatever work needs to be done. Now, the things I have done to the car have absolutely no relation to the transmission, clutch, or the drivetrain. All I have done is; upgraded intake and exhaust, 4 light bar system, spark plugs and wires, and a plasma booster. Chris claimed this is what caused all the problems, and that MiniUSA would not pay for anything. I told him, since I NEED my car to drive to work, that I just need it fixed. Of course, I knew my modifications had NOT ONE thing to do with the problems that were occurring. So, they took the car apart, from my understanding. I receive a call from Chris yesterday. He states, "We took the clutch disk out, and it crumbled in our hands". I was quite baffled in a sense, since my car only has around 10K on that clutch. Chris, in defense, stated it was because who ever drives the car, drives the car hard. Now, unless the car is being raced day in and day out, that clutch should not go bad that fast. Even I know that. I drive on the Capital Beltway and I-95 everyday, and do not race the car, or participate in any "hard" driving, as Chris puts it. Chris tells me it is $1500 to replace the clutch, and I would have to pay "COD". I tell him to just fix it, I mean, I NEED MY CAR. So, I decide to write you, MiniUSA, and explain my problem. I have been very patient with this car, yet baffled at how often it breaks. I would like to know what you all can do for me, to help me in this situation. $1500 is a LOT of money, and over 2 weeks is A LOT of time. Please let me know.

Thank you,
Danny


Updates will be posted!

 

I got an e-mail back from Mini Usa...


"We realize that many MINI owners will be keen to modify their car. Nevertheless, like most other vehicle makers, we cannot officially endorse or recommend modification to the car's engineering beyond what items are available from MINI. Such action may affect or invalidate the manufacturer's warranty. MINI does not recommend the installation of non-MINI aftermarket parts. MINI has designed various aftermarket accessories for the MINI which have been tested on the MINI. These items are designed by MINI for the MINI and will not void the warranty if they are installed by an authorized MINI dealer.

I am sorry to convey a disappointing message, based on the information you provided regarding the modifications, I am sorry to say that we would not be able to cover this repair under the warranty. Furthermore, the MINI dealer's service department has the technical training and special tools needed to properly inspect, diagnose and repair the MINI. For this reason, we back the MINI dealer's professional and expert diagnosis in this matter.

Karen Labatzky
MINI Customer Relations and Services
Representative
866-ASK-MINI (866.275.6464)"

now what, guys?

 

That is truly unfortunate. I wish I could help in some way - it is SO unlikely that your mods had anything to do with this...

 

OMG, what a nightmare!

Lawsuit?

 

I just got off with the lady there, Karen. She said she's going to get the master mechanic involved. She kept saying she couldn't do anything for me, which IS NOT THE MINI WAY, right?

Are we allowed to cuse here? I have plenty of words to say :evil:

=Danny=

 

If you are comfortable with the legal process, bring a a small claims suit. Your local state court will likely have information explaining how to bring a suit. Doing so should cost <$100, and the downside (you lose), doesn't leave you much worse off.

Also consider hiring an attorney. An attorney can advise you in connection with a small claims suit, but typically cannot appear for you. An attorney can also file a regular (non-small claims) suit, though the level of money at issue likely makes it not worth it. Keep us posted -- there are likely a fair number of folks here that can be of help in putting together your best arguments.

 

I just got physically sick to my stomache after reading Karen of MINIUSA's response to your e-mail!

_________________
Happy Motorin'

 

You got to love our sue happy country...

 

This is very interesting, but sad.

It's sad that there are such scummy dealers out there that would pull crap like this to begin with.

It's sad that this whole discussion - and thread - took a turn toward discussion of modifications and warranty. The fact is that this red herring has ended up getting wrapped into Danny's discussions with MINIUSA (he talks about it in his letter!) when this NEVER should have been an issue at all. Bottom line is that Danny has not modified his engine or drivetrain, and hence there's no warranty impact on the clutch. Period. Should be end of case.

But the problem here is thatyou've got the low level MINIUSA person blindly following a pointless path (which unfortunately Danny set them on) and NOW it's necessary to back everyone down and refocus the debate. As long as they've got your money and you don't have a lawyer, this issue is probably closed. That's sad.

I suppose that this may still come out differently. Maybe MINIUSA will just wake up and rein in "Karen" and refocus on the fact that this is a simple warranty repair of a defective clutch and/or defective transmission service (by Sterling). Maybe. I hope I'm wrong and that Danny gets his money back and a properly fixed car (and an appology from MINIUSA might be nice too).

Assuming that there is no change, there are definitely several morals to this story:

1) Stand up for what you know is right BEFORE you pay (rental cars can be had at $40/day while you fight to get your car back)

2) Don't give folks more info than they need, even if you don't think that the extra info matters.

3) When you've got a grand or more at stake, let a lawyer write your complaint letters