Hello to all...and this is me.

I own a Lighting Blue 2007 MCS with 37k miles. My wife and i have always wanted to own one and we got the chance after searching for several years. We bought the car used from a non-mini dealer in May 2010 when it had 32k miles. The car has been a joy to own...until last week.
My wife and I were returning home from dining out, driving in the MCS, when all of a sudden the car starts to shudder and jerk. The engine rpm's fluctuate up and down rapidly and my SES light turns on. Then messages on the Nav screen appear stating "Engine Reduced Power" and "Increased Emmisions". I was a few blocks away from my home, so I slowly limped back to my domain.
The next day, I didn't know what to do. There is no Mini Dealer for 200 miles; and when purchasing the MCS from the non-mini dealer, it was explained to me that the warranty expired Oct 2010. I called the Mini of Dallas, since they are the closest dealer, and talked to a service rep explaining my car issues and wondered if they could advise me on potential fixes that i could do. The rep gave me some tips but them asked for my VIN#. The rep looked it up and said that my car was still under full warranty until Oct 2011. I jumped for joy, but then wondered how i was going to get the Mini to Dallas. The rep advised me to call the MRA and they will have a tow company take my car to Dallas. I called the MRA and scheduled a pick up for the next day. That was last week...
Today I received a phone call from a service rep and explain to me that the engine and turbo have to be replaced. Whaaaaaaaaaaaaat!?!?!?!?
According to the rep, there was oil sludge in the engine. And according to their maintenance records, the car was last serviced back in Jan 2009.
And because of that, Mini will not warranty the engine and turbo replacement. WHAAAAAAAAAAAAAAAAT!!!!!!!! I was obviously floored. I didn't even ask how much it was going to cost. I explained to them that ever since I owned my Mini, 5k miles ago, I had changed the engine oil and filter twice myself and never saw any engine sludge. I explained that I have the oil filter reciepts in the car. I unfortunatley could not prove that I bought the oil from my local BMW dealer. Engine oil 5W-30 if anyone is wondering. I don't know what I did with those reciepts. The rep explained some more that it does not make a differnce if I changed the oil or if Jiffy Lube changed the oil, Mini will not honor the warranty because a Mini Dealer did not do the service and the last service on record was back in Jan 2009.

So there you have it. I have no Mini, no money to fix Mini, and I am getting ready to deploy to the Middle East.
If anyone has any advise or could provide any assistance, my wife and I would greatly appreciate it.
Thank you in advance,
USAFmarcus

 

According to the Federal Trade Commission it is a violation of the Magnuson-Moss Warranty Act to deny warranty repairs based service performed outside of the OEM or Authorized Dealer.

You could share this link with them:

http://www.ftc.gov/bcp/edu/pubs/cons...ts/alt192.shtm

 

Awesome answer bigdpdx!!!!!!

 

I would like to thank you for your service to our country.
I hope you & your wife can get things worked out on your car.
They are such an adventure to drive.
Sorry you had to go to a dealer.
They are the biggest rip offs.

 

I appreciate your service as well. Unfortunately, when you buy a "USED" car you never know what you are buying. With that said, you wouldn't see oil sludge doing oil changes...only if you opened the motor/crankcase etc. This is why it's very important to factor multiple things in when purchasing a used car. I want a full book of receipts, some sort of warranty etc. Good luck to you here and overseas!

 

Vollgas, the dealer is not ripping this person off, they're simply doing what MINI is telling them. You don't expect the dealer to pay for Marcus' new engine do you? Especially since neither MINI or the dealer is to blame if the previous owner didn't change the oil - of course, neither is Marcus.

Marcus, the sludge that probably caused the problem is in the oil drain tube from the Turbo. Nobody's admitting anything, but there seems to be a very strong coincidence of turbo failures for people who have followed MINI's extended computer based service intervals for their oil change - which can be as long as 18-20K! Which could be why the car wasn't serviced again.....

Folks who change their oil more frequently (I do mine twice a year or about every 7500 miles) don't seem to have any of these problems. However, because of the dealer's comments about not using MINI oil, I always buy both my filter and oil from the dealer, and keep the rec'ts in the car - it just seems like good insurance to me in case of a future problem like this.

As to your situation, I can only offer a couple of ideas. Call MINI USA and ask for help, citing the fact that the car has had routine oil changes (and find those damn rect's!) and see if they'll help (you did use full synthetic oil when you changed it, right? If not, you may be out of gas on this deal). Or, tow the car to an independant and see if they can find a used engine for you.

In the future, always use full synthetic or the factory MINI oil and filter, don't buy aftermarket oil change stuff while you're in warranty.

 

But here is another thing. lets look at the facts as laid out by the OP and MINI.

Car only has 37K miles on it. And was last serviced in Jan 2009 by a dealer, and the car is a 2007 model.

So with a MINI recommended Oil change interval of 15K or more depending on the OBC. This means the car only required at most two oil changes.

Now a question to USAFmarcus. Have the dealer tell yo how many miles were on the car when it was last serviced and when the last oil change was done by MINI. If it is less than 15k miles ago then there should be NO problem in having warranty service.

Of course the dealer should fight for their customer but many seem not to do so.

 

Regardless of mileage, Mini states the oil should be changed at least once a year.

I would think MINI is going to have a very difficult time supporting a non-warranty position. I would check first with the selling dealer and see if they have a record of changing the oil. Many dealers do automatically before selling a vehicle. I would also enlist their help in tracking the chain of ownership and see if the previous owners changed oil not at a Mini dealership. MINI cannot deny warranty because it was not serviced by a MINI dealership nor because MINI oil was not used. It is illegal.

Every area has an attorney who specializes in automotive related questions. I would find him for your area immediately. BMW and MINI through their dealers are the most arrogant, non-truthful, useless people in the industry. They continuously give their consumers trouble about warranty issues using the excuse that they alone know how to maintain their vehicles and if you don't follow what they dictate they will not cover the issue. Somehow they tend to forget they are selling vehicles in a country other than their own and that we have a different set of laws. A good attorney will soon set them in a better path.

Yes, they build the vehicle and engineer most of it. On the other hand, they are still cars and not some exotic rocket ship. To deny an engine failure claim at 37,000 miles because the oil was not changed by a MINI dealer or MINI oil was not used is shameful. Factually, their poor design is the fault causing factor as to why these cars are experiencing sludging at this low of mileage. They arrogantly in their Teutonic way insist they cannot be at fault and the problem must lie with the user!

 

schatzy62 nailed it. Maybe you can get lucky and have less than 15k miles since last oil change

 

That part is bogus (see bigdpdx post).

Could be an issue depending on what kind of third-party records can be produced.

I'd start escalating this up the chain at the dealership and on to miniusa if necessary. Might want to at least do a consult with an attorney as well who is experienced in auto warranty issues.

Good luck!

 

I bought my oil from my local BMW dealer. I made sure to ask if it was a synthetic oil.

Will do.



bigdpdx, that is an AWESOME answer and a BRILLIANT piece of research. I will call my service rep and ask them for their email address so I can forward them a suggested read.

Thank you all for your support, insight and advise. I will continue to update as events unfold.

 

you bought the car in May and changed the oil promptly, and its not like you can make a 200 mile trip for a oil change doing the week. I think your more then right and the need to pull the head out of the hind end and fix your mini!

Good luck from a fellow Airman!

 

Good luck finding a quick resolution to your problem, and please be safe when you deploy to the Middle East.

 

At that kind of mileage...

They could ONLY deny a claim for NO, i repeat...NO oil in the crank case. This is the question you should be asking them. If it was bone dry, that is negligence on the owners part.

According to MINI that car should have only 2 oil changes...maybe 3.

 

Here is an update, since my last post...

My service rep has been playing phone tag with me for a week. I can never reach her when i call. And when she does call, she calls my home phone even after leaving messages to call my cell. She must think i work at home....
Her messages says that her service director is handling my case and that he will call. I have yet to receive a call from this service director.
Another message that she leaves is that the the service director is waiting to hear from Mini to see if it is a repair that they want to be responsible for. She then added,"Even all though there is not anything that is defective".

Today she finally calls my cell. Mini still will not warranty the work do to negligence. I finally got to ask her if she could give me the mileage of the car from their last oil service. She said she would call me back. - She never did call back.

I'm making the 200 mile drive to Dallas tomorrow, Friday 11 March.

It looks like i have to make some face time with them and get some real answers and plead my case for a warranty repair. I'm not interested in talking to any service rep or director, i want to talk to the owner. I don't know, I might just be wasting my time, but at this point I have to try since I don't have much time left before I deploy.

 

Good luck in your quest Friday!

So, there has been a lot said here that has been enlightening and also frustrating for you I am sure.

Bottom line, you are going to try to persuade them to come over to your point of view and get them to lean on MINI USA to assist in this or cover it outright. (The dealer isn't going to eat this cost)

That being said, When you are making a sale appearance means a lot. I say you put on that awesome uniform show them this Country's Best!!

 

Be cautious and circumspect when playing the military card; you represent all of us. Remember the core values. That said, I certainly think it's reasonable to explain that you are headed off on a tax-payer funded business trip to a warm, sunny, and explosive locale. That at least underlines the importance of prompt action.

Involve your base JAG. You'll need a power of attorney to allow your wife to handle this and other issues in your absence (especially if the car is in your name). If it needs to be sold, she'll need it to sign the paperwork. The JAG and/or the family support center can also advocate for her if she has to deal with the dealership and/or MINIUSA.

For my money, instead of relying on the dealer's patriotism (which probably ends when they have to fork over one red cent), I'd ask the consumer advocacy reporter from a local TV station to meet you at the dealership. Telling your story on camera in front of their dealer sign, while a pretty aggressive move, is more likely to evoke a response....hopefully the one you want.

Best of luck from another fellow Airman,
JV

 

Another update...

Well, Mini is not going to warranty the work!!!

I did make my 200 mile quest to the dealership to receive the same story as I did over the phone. I was able to look back at the service records which stated that the last oil service by them was when the car had 16,569 miles. At their stated 15k mile oil change, that would put it at almost 32k miles, the same miles I bought the car. They still said, "Sorry, Mini will not cover negligence."
But I was lucky enough to run into the service director from England and my situation explained to her. She wanted to keep good faith and a deal was purposed.
BMW Mini Group and I would split the cost of the engine and turbo 50/50.
The dealership would incur the entire cost of the labor.

Today I recieved the repair order and total parts cost of $7,183.74; of which I HAVE to pay half.

Should I take the deal?

 

In my opinion, probably the best you're going to be able to do.

 

You are going to have to get a engine and turbo somewhere and if you buy a salvaged motor there are no guaranties that will not have problems as well, you would spend well over $3500 for motor, turbo and install and have no warranty,at least this way you should have warranty.
All though it's tough I would take the deal.

 

My first oil change was at 24,000 miles.

Wait, no I did one myself first but the first one mini paid for was at 24,000.

 

I agree with doc, I would take the deal. It is still 3500+ bucks out of pocket for you but really, even thought no money out of pocket is best, it is better than 7k+ that it would be without the offer.

Sadly, this is why I never buy a car from a dealer that doesn't specialize in the make I am buying. I guess from being a tech at a Ford dealership and then at a Dodge/Chrysler/Plymouth dealer I found out how little specialized techs know about other manufacturers cars and trucks.

Best of luck Marcus. And as stated before, Thank You for your service.Take care and come home safe.

 

Everyone's always quick to blame the dealer...its always their fault...lol

People just don't get how things work

Their hands are tied from the manufacturer...the dealer can't be eating the cost of $7,000 repair bills, especially on things that are not even remotely their fault. 9 times out of 10, MINI USA is the issue...not the dealer.

Crappy situation, but this dealer is eating the cost of the labor out of good faith for the customer, which is probably a decent chunk of change.

 

Have you tried to track down the PO or have the used car dealer try to do so on you're behalf? Sometimes, the PO will leave their name in the owner's manual...

Maybe the PO can tell you the quickie lube place he/she hopefully used and you can get the mileage from them with your VIN.

 

No person here can tell you what to do. None of us know what your personal time and financial restraints are. That said, there is no way in the world I would accept that offer.

First, they are lying to you. I think if you investigate, they are quoting retail for the parts to be used. That will leave a substantial profit for someone, depending how they choose to split the money up. There is no way the dealer is going to "eat" the labor. They did not sell you the vehicle. What the arrangement actually is, is not your concern but there is much more to the story.

Second, Federal Law is very clear that not maintaining the vehicle at a dealership is not grounds for denying warranty. Federal Law also is very clear that any action or failure to act by the consumer must conclusively be shown to have caused the failure for it to be rejected under warranty. When there are multiple instances, easily documented, that recommended oil changes can be as long as 20,000 miles or more, it is possible that no oil changes were missed. Previously you stated you had changed the oil immediately following the purchase. You should have those receipts.

Third, there are numerous cases related on this Forum alone where there are instances of sludging even on vehicles where the maintenance is not questioned. MINI is not the only manufacturer with these problems. It has somewhat become common when manufacturers, desperate to show low maintenance costs, have extended oil change intervals beyond historically accepted points.

I assume the Lady you mention is a representative of the manufacturer. Too often these ill-trained reps (especially women) know little or nothing about real world auto servicing or how the vehicle actually works. With practically no knowledge or experience, they tend to make decisions based on pleasing their superiors economically. They are graded continuously by their Warranty expense per dealer and their special policy adjustments in cases exactly like these. Their purpose is often more to save money than take care of consumers.

Once again my suggestion contains one word, ATTORNEY! This is all negotiable. You have not received the final verdict. A few hundred for an attorney experienced in automotive consumer law is far less expensive than $3500.