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Help! Dealership blaming transmission breakdown on negligence

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Old Jun 27, 2007 | 05:26 PM
  #26  
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apparently i fail at counting.
it's 8 months old with 10k mi.


edit: woot, 1st gear!
 
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Old Jun 27, 2007 | 05:36 PM
  #27  
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My car has been at Crevier for a few days , now you got me worrying.Thanks.
 
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Old Jun 27, 2007 | 05:44 PM
  #28  
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Originally Posted by korby
My car has been at Crevier for a few days , now you got me worrying.Thanks.
I hope you fare better than I did.

Curious, what was the issue?
 
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Old Jun 27, 2007 | 06:29 PM
  #29  
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A few things but one of them was the 3rd to 2nd down shift groaning,they could find nothing wrong,at least they have the complaint on record.
 
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Old Jun 27, 2007 | 06:35 PM
  #30  
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Originally Posted by angelos
Haha, thanks amazonracer for your zeal!
This whole car breaking down + maintenance ******** has left me wishing I had gone with a used honda civic.
All this support has definitely been a moral booster though.
Honda? Ugh... I'd rather PUSH my MINI than drive a Honda...

Look - my car is over 100K on the original clutch and it's survived trying to teach my daughter how to drive a stick - what you are experiencing is not a systemic problem with MINIs, maybe that's why the dealer is being a jerk - they probably don't see this often...

Keep at it...
 
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Old Jun 27, 2007 | 07:00 PM
  #31  
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OP, you said that one of the reason you took your car to Crevier is that they give out loaners, but as I understand they only do that if you buy the car from them right? Since your bought your car from Assael, you really should give them a try. I read bad reviews here about Assael also, but seems like all of them were from years ago. I took my BMW about a month ago and were treated quite nicely even though I didn't buy it from them.

Also if you look at the S. CA forum, you will find a recent post by guidmini, Guido, introducing himself as the new Head Mini Tech for Long Beach Mini. Maybe you could give him a call to see if he could help out a fellow NAM member. Here is his post:

https://www.northamericanmotoring.co...d.php?t=104416
 
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Old Jun 28, 2007 | 07:04 AM
  #32  
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Originally Posted by amazonracer
I don't know why the dealer should have an upper hand. This is a 6 month old car and the clutch goes out. No way this should happen but when it does, this is clearly a defect in the parts, workmanship or both. You have a warranty and you should be able to drive your car aggressively. You didn't drive off a cliff, did you?. Thats all they promote in their adds, quick stops, performamnce, etc. Even if you drive the car hard and fast, the clutch goes out in 6 months, no way. Even a novice on a manual transmission gets pretty good after a few days. Now I'm getting upset and I don't even have my car yet. BTW, Santa tried to screw me on a new r56 with approx. $3K over invoice and 3 months later called and emailed and said they are MSRP. I don't trust them. Take it somewhere else if you can. And what about all those engine lights going on after 14 miles, 3K, etc. You take it in right away and they say nothing is wrong and you should keep driving until the so called "fix" in July. As long as it serves their purpose. Do you have financing for this car. Call them up and say I may not be able to pay this month because my "new" car needs a $2,200 clutch and eventhough its under warranty, the dealer is trying to screw me. You would be surprised if your loan co. thought you would default on a loan because your new car with a full warranty could not be driven due to mechanical failure. You should not pay a dime more for the clutch. I need to calm down. ***Disclaimer. This all asumes you didn't drive your car off the cliff.
The problem is, he didn't take it in. Their argument would logically be that, had he taken it in, the damage would not have been as extensive. Like I said in my earlier example, if your radiator leaks, they would fix it. If, instead, you let it leak and blow the engine, they aren't going to cover it. The dealer has the upper hand because, if you want your car fixed, you are going to have to pay. Otherwise, it will sit until the matter is resolved.
 
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Old Jul 3, 2007 | 12:05 PM
  #33  
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Originally Posted by angelos
Hello all.

So i've had my '06 MC Cabrio for about 6 months before the tranny started breaking down. It eventually got to the point where the I felt like the stick was going to break before popping into gear. Once in gear, it would take about 2-3 seconds for the gear to actually engage.

Anyway, so I have it towed down to Crevier Mini (So. Cal) based on their positive feedback here.
The diagnosis was that, due to driver negligence, the pressure plate was nearly broken in half and has overheating marks all over.

I don't ride the clutch, I don't drive fast or "burn out" like their head technician alluded to. I'm a pretty conservative driver and far from a performance guy.

However, the one thing I did not do (and haven't mentioned to them), was not have the car sent down as soon as I noticed the transmission was a bit off.
My logic was, "good lord, its only 6 months old, it'll be alright".
I'm thinking, if I had taken the car down earlier, they might have diagnosed it as a warranty covered problem - and because I had driven it till it possibly couldn't go any further, it REALLY ****ed the tranny, and makes it seem like I've been abusing the car all along.

Uhg. Thanks so much in advance. There's $2200 on the line.
I'm with MINI USA. I've passed this message on to a MINI National Customer Relations Representative who will be in touch with you soon.
 
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Old Jul 3, 2007 | 12:10 PM
  #34  
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From: Flying My Roflcopter
Originally Posted by MINIDivision
I'm with MINI USA. I've passed this message on to a MINI National Customer Relations Representative who will be in touch with you soon.

I know you prob can't go into detail... but what's the opinion on driver negligence... i mean a 6 mo old car? you'd be hard pressed to actually break a well built MINI in 6mo if you recieve it with 0 on the odo.

thank you for repping the community btw... very good of you.
 
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Old Jul 3, 2007 | 12:42 PM
  #35  
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I drive the hell out of my Mini. I live in Las Vegas where it gets HOT as all hell, I drive this thing like I stole it (I did, it's my wife's car lol). Anyway, I have the JCW engine package and it makes a lot of power, which I am in the habit of applying generously on a regular basis.

I have over 10k miles on it now and still not a hint of a problem. If your clutch is toast by now and you drive conservatively, it is most definately a defective part and the dealer is responsible to repair it at no cost to you.

Don't let them push you around, this is not a battle you will lose.

Just because you didn't take it in sooner doesn't mean jack. Was there a warning light on the dash? Did you have any knowledge that something was wrong?

From what you've written, all you knew was that it was a bit stiff and you thought that was due to the car being new, and possibly breaking in. You are not a mechanic and are not trained in the art of diagnosing when a problem exists, and when it requires service.

You are not at fault and any claims of negligence on the dealer's part is retarded, especially when warranty work is paid for by MINI. Now, they got a fight on their hands and they are making themselves look bad, and it will get all around the internet that this dealer sucks. Why do they do crap like this? Just fix it under warranty, and gain a happy customer.

sheesh.

My advice is seek the help of an attorney, especially if you have a friend that is one. Have him draw up a letter detailing your position as a driver, not a techinician, and explain how there could not possibly have been negligence on your part. Record detailed measurements of brake pad thickness and tire tread depth, to show that there is no unusual wear and prove that you are not a racey driver. It is up to you whether you would insist this dealer make the repairs under warranty, or give it back and let you take it elsewhere.

I would probably get the car back and take it to another dealer. Besides, what proof do they have that you authorized them to dissasemble the transmission and agreed to pay for it? You didn't say that here. You only said they asked for authorization. I'm going to assume you gave them no such authorization, and as such, could not be held liable.

Sounds like they are just not very smart.
 

Last edited by succubus; Jul 3, 2007 at 12:47 PM. Reason: added content
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Old Jul 3, 2007 | 06:20 PM
  #36  
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thank you all for the support, wisdom and encouragement.

it's been hard to make headway into the matter as my schedule has been very busy.

i filed a complaint with mini north america. (thank you btw, MINIDIVISION).
they basically corresponded with Crevier's head technician, Kyle, and called me back saying there was nothing that could be done.
The did however offer me a consolation prize in the form of a 10% discount.
It was insulting at the time, but currently, I am considering it.
I know I am beckoning war-cries by saying that, but frankly, this is becoming very inconvenient and disheartening.

I've been doing some more research and talking with service advisors at other dealerships. The service advisor at Bob Smith Mini said I should find out what condition the actual clutch is in.
If the pressure plate is busted but the clutch itself is fine, it's all covered under the warranty. If the clutch is busted, then "good game".

That had me worried, as I noticed the tranny would slip when shifting gears.
But some more research revealed that a busted pressure plate causes slippage as well. The more you know!

@Succubus,
i had explained the tire tread/break pad issue with Kyle.
he said its a moot point because a clutch can get trashed with even 1 mile of "negligent driving".
"negligent driver" will be the name of my upcoming death metal band. or smooth jazz.


Anyway, Kyle is off today (presumably enjoying an extended 4th of July holiday as any hard working person should), but I left him a message about it. After that, all it seems I can do is to ask that a certified Mini rep give a 2nd opinion on it (they stop by dealerships once a week).

I'm very wary of bringing a lawyer into this. It just doesn't seem worth all the trouble. Perhaps you can convince me otherwise.


Honestly, I'm not a stubborn guy.
I'm very self-critical and quick to blame myself. From ballroom dance to design, photography, whatever (although i believe these things often lend to excessive self-criticism), "driver negligence" was something that did not sit well with me from the very first time Kyle said it.

I just want what's fair... also, a cure for aids, shiites hugging it out with sunnis, food for the starving kids, bulletproof nanotech school uniforms, an iphone, and legalized polygamy.
Is that too much to ask for?


Once again, thank you all.
 

Last edited by angelos; Jul 3, 2007 at 06:35 PM.
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Old Jul 3, 2007 | 06:38 PM
  #37  
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I've exploded clutch discs, blown throw out bearings to smitherins, worn the fingers off of the pressure plate but I've never cracked one. I got so good at putting a clutch in a Mazda I owned that I could do it in two hours start to finish. I would make them show me how it's your fault. If the clutch got too hot there will be bluing of the pressure plate, the clutch disc will more than likely glazed over in places, throw out bearing should show excess wear it would rattle like "BB's" in a tin can, also with extreme bluing. Make them prove that you did it and get your lawyer all lined up and ready to go, if it doesn't come out your way.
 
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Old Jul 3, 2007 | 07:52 PM
  #38  
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Dude, have a chat with the BAR. California Bureau of Automotive Repair. They are the uber authority over car repair in California, and can shut a garage down in a flick of a pen on the spot.

Fill out a complaint with them, and see where it goes.

http://www.autorepair.ca.gov/stdPage...Complaints.htm
 
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Old Jul 3, 2007 | 08:31 PM
  #39  
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If the clutch breaks, you aren't responsible for being an expert on how to drive a car with a broken clutch . . . or qualified to know when not to drive it. I'm sure there may be legalistic language somewhere but the bottom line is that dealers don't want to go to court. MINI USA doesn't want the lack of confidence in the franchise this sort of thing creates. I'm sure you will prevail in the long run. Don't back down.

Given the promotion for the new model, with that gay looking guy, how could MINI ever claim purchaser's abused the car. They show us how to do it in videos!
 
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Old Jul 4, 2007 | 02:15 PM
  #40  
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You'd be amazed at the results you get when the threat of legal action is made reality. It shouldn't cost you much, if anything, for a consultation with a qualified attorney. If your case went to court and you won you would probably be awarded attorney's fees as well.

Mini knows this and would most likely just fix the problem rather than go to court over it. A letter with an attorney's signature will usually help.
 
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Old Jul 5, 2007 | 02:51 PM
  #41  
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Don't bend over on this one. There is no way you could have shot that clutch out in 6 months... You would have to be driving the car soooooo poorly that passers by and pedestrians would be pointing and laughing.

I've beat the crap out of a lot of transmissions... I've blown a few right out of the back of the car (well second gear at least). Never on a mini but it takes work.

I don't know what I can say to you other then think of it this way. You can set a presedence for that dealer... IF you fight the good fight now... maybe the next person won't have to. Stick with it, they are the ones that are in the wrong.
 
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Old Jul 5, 2007 | 03:04 PM
  #42  
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Wow. As a service writer for the past 5 years, I'm stunned. I can't believe the amount of responsibility being laid on the customer on a car that is only 6 months old. This makes me take a step back and look at buying a Mini in a different light. Luckily I'm not doing anything for a month or two, but still.....
 
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Old Jul 5, 2007 | 03:31 PM
  #43  
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I agree. I would think that the dealer or MiniUSA would realize the bad press this generating, even if it just here. A lot of people read NAM, some are researching Mini's in general and seeing how this problem is being handled may very well change someone's mind and not order a Mini, especially if they were sitting on the fence with their decision. I would think it would cost less for them to cover this under the warranty than what they would lose on just one or two lost sales. BAD PR gets passed along much more so than GOOD PR.
 
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Old Jul 5, 2007 | 04:36 PM
  #44  
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Originally Posted by rlinbatonrouge
Wow. As a service writer for the past 5 years, I'm stunned. I can't believe the amount of responsibility being laid on the customer on a car that is only 6 months old. This makes me take a step back and look at buying a Mini in a different light. Luckily I'm not doing anything for a month or two, but still.....
It's not Mini. It's a select handful of very bad dealerships.
 
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Old Jul 5, 2007 | 05:08 PM
  #45  
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It's not Mini. It's a select handful of very bad dealerships.

It IS Mini if they know about this situation and don't tell the dealer to fix the car. After all, they are paying for it. I've been with GM working with dealers for 18 years and I, too, am stunned at the apparent responsibility put off on the customer.
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Old Jul 5, 2007 | 05:32 PM
  #46  
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Originally Posted by rwisem
It's not Mini. It's a select handful of very bad dealerships.

It IS Mini if they know about this situation and don't tell the dealer to fix the car. After all, they are paying for it. I've been with GM working with dealers for 18 years and I, too, am stunned at the apparent responsibility put off on the customer.
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I still can't get over this. I've been a GM service writer in the past, now I write for Volvo. Unless there was HORRIBLE signs of outright abuse, I could warranty the clutch disc itself up to 12k or one year. To call it abuse it would have to be blatent as in no material left, the pressure plate about as blue as the sky, brakes gone, tires bald, etc.. Is this the whole story, or is there something else going on here?

I would insist that it be inspected by Mini in this case. I would also like to see some pictures of the damage before it gets repaired. Can you swing by, snap some pics, and post them up? The tranny should still be open right now. They most likely pushed the car into the parking lot, but they should have the clutch and pressure plate sitting on someone's bench right now waiting on an answer. I'm watching this thread very closely, maybe we can help with our collective experience.
 
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Old Jul 5, 2007 | 05:48 PM
  #47  
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Originally Posted by rwisem
It's not Mini. It's a select handful of very bad dealerships.

It IS Mini if they know about this situation and don't tell the dealer to fix the car. After all, they are paying for it. I've been with GM working with dealers for 18 years and I, too, am stunned at the apparent responsibility put off on the customer.
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Exactly. It doesn't matter if it is one or two dealerships, the dealerships represent Mini. The dealerships are the face of Mini. Once they (Mini) are made aware of the problem they should address it and get it fixed for the customer.
 

Last edited by SimpsonGI; Jul 5, 2007 at 05:52 PM.
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Old Jul 6, 2007 | 08:10 AM
  #48  
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Bump. Any new information? The suspense is killing me....
 
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Old Jul 6, 2007 | 11:33 AM
  #49  
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rlinbatonrouge, indeed.
i spent a good month or so on NAM before buying my mini.
likewise (and perhaps ironically), i opted to service my car at Crevier Mini instead of Assael Mini (where I purchased from) based off of NAM anecdotes.

i've been as forthcoming and transparent as possible about the issue.
i'm a modest driver that paid for the car with my hard earned money and thusly treated the car like anything else i save up for and deem precious. as much as they'd like to believe i was figure-8ing on my neighbors lawn, i have not. i keep it mellow baby.


update:
got a voice mail this morning from Kyle (head service tech at Crevier).
he offered to drop the price by 50%.
so the new quote is: parts+labor = ~$800
(was originally quoted at $2200. *shrug* at the fuzzy math)

I just got another voicemail from MINI of North America in NJ.
Going to call him back first during lunch, consider my options, then follow up with kyle.


it's curious to note that originally, Kyle said only the flywheel and the pressure plate needed replacing. but in this morning's voicemail, there was mention of replacing the clutch as well.
that, combined with the strange price quote fluctuations makes me wonder...


thanks everyone!
 

Last edited by angelos; Jul 6, 2007 at 11:36 AM.
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Old Jul 6, 2007 | 11:50 AM
  #50  
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Well, that's some progress I guess. Thanks for the update!
 
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