Headed to court: Me vs. BMW North America
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2nd Gear
Joined: May 2008
Posts: 105
Likes: 1
From: Dallas, Texas
Headed to court: Me vs. BMW North America
Going to court next month about my Mini. BMW North America's legal department never responded to the states letters regarding my lemon law claim. Not even a rep at the corporate office could get a response back from the legal department.
Has anyone else ever experienced this? I even called and left several messages. No response.
Has anyone else ever experienced this? I even called and left several messages. No response.
4th Gear
Joined: Aug 2007
Posts: 521
Likes: 0
From: Charlotte, NC
Going to court next month about my Mini. BMW North America's legal department never responded to the states letters regarding my lemon law claim. Not even a rep at the corporate office could get a response back from the legal department.
Has anyone else ever experienced this? I even called and left several messages. No response.
Has anyone else ever experienced this? I even called and left several messages. No response.
but really, keep us updated 
6th Gear
Joined: Aug 2004
Posts: 3,880
Likes: 3
From: Your Worst Nightmare :)
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6th Gear
Joined: Jan 2005
Posts: 2,223
Likes: 0
From: DC
Yes, they sold him the NASCAR Special Edition.
If you are lucky, they won't show up at the hearing and you will win a default judgement. I'm guessing they will contact you a day or 2 before the scheduled court date with a settlement offer.
If you are lucky, they won't show up at the hearing and you will win a default judgement. I'm guessing they will contact you a day or 2 before the scheduled court date with a settlement offer.
Have you thought about taking it to someone that actually has a clue, like TSW? I know it'll cost you for their inspection, but they would probably be able to find the root cause within hours. I know if I was in your area I would gladly accept the challenge. I'm confident I'd be able to find the problem within 2 hours.
It sounds like the dealership hasn't even tried to solve the problem. MINI has a specification for what the ride height should be. Since your car obviously isn't within that spec [it's quite tight], it's MINIUSA's obligation to bring your car within that spec per their warranty, isn't it?
Good luck,
Ryan
It sounds like the dealership hasn't even tried to solve the problem. MINI has a specification for what the ride height should be. Since your car obviously isn't within that spec [it's quite tight], it's MINIUSA's obligation to bring your car within that spec per their warranty, isn't it?
Good luck,
Ryan
6th Gear
Joined: Mar 2008
Posts: 1,258
Likes: 5
From: Florida, South Gulf Coast
However, for your "Photo Evidence" >>> the photo you provided here has the car on an uneven (and unpaved) surface.
Have a photo that has the car on a hard, level surface, this will better show your "Lean".
Truly hope that your issue is resolved.
6th Gear
Joined: Aug 2006
Posts: 1,298
Likes: 1
OMG... I almost fell on the floor! On a more serious note... I'm sorry you got a lemon Sparkling. Good luck in court.
2nd Gear
Joined: Oct 2008
Posts: 54
Likes: 0
From: Los Angeles
SparkingMini,
I wish you luck in your quest.
However please note anything you post in this and other bulletin boards is discoverable in court. Consequently be careful what you say. BMW could be lurking.
I wish you luck in your quest.
However please note anything you post in this and other bulletin boards is discoverable in court. Consequently be careful what you say. BMW could be lurking.
Thread Starter
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2nd Gear
Joined: May 2008
Posts: 105
Likes: 1
From: Dallas, Texas
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.
Banned
Joined: Nov 2006
Posts: 4,862
Likes: 3
From: Fresno Ca.
Stinks that you have to wait so long 
5th Gear
Joined: Apr 2008
Posts: 986
Likes: 0
From: Boca Raton,Florida
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.
