Even though v36 fixed my stumble, BMW/Mini of America has offered a cash
settlement for the period of time.......13 months.......that I had to suffer the effects
of the stumble. The lawyer handling my Lemon Law suit met with them yesterday
and the offer I agreed to is very fair. It's great to see that they have taken responsibility for this and I feel alot better about the whole mess.

IMO, if you filed a claim and then got the fix......don't just drop the suit........you are
still entitled to damages and they ought to be made to pay for as many of these mistakes as possible.

 

...I'll have to keep this in mind for windshield replacements!
Hey Mini USA, you listening???????????????????????????????

 

herby, will you buy another MINI?

 

I'm sorry if I wasn't clear enough. I still have my Mini and I love it........they're just
paying me for the inconvenience, safety issues, hastle (whatever you want to call it)
of having to live with the stumble for 13 months before they came up with a fix. Mini of America has some integrity........after all!

 

That's great, Herby! Way to see it through. Which are you MORE happy about? The settlement, or just having your MINI up to par?

 

OK...Herby, this seems pretty darn unusual. How about some more specifics? Such as - How much did BMW pay you for your inconvenience? Why did they choose to pay you? How exactly did you prosecute your Lemon Law case? What state are you in?

Frankly, I'm quite surprised that the conditions of your settlement allow you to be discussing it like this on a public forum...but now that you've brought it up, you might as well tell all. I mean, now that we know that they've settled with you, what's to stop all of us ex-stumblers from seeking such "pain and suffering" settlements?

This just all seems too good to be true...

 

Thanks for your supportive reaction, Miniature. It was nice to get the settlement, but having my Mini up to par is the only thing that REALLY matters. Since v36 I have had NO issues with it and frankly, since I got a 15% pulley on Tuesday.......it's way, way beyond par!

 

jsun........I didn't really consider that conditions of the agreement might prohibit me
from communicating about it and my lawyer didn't say anything about that one way
or the other. Until I have the $$$$ in hand I'll say only that I believe the key here is
that I filed under Lemon Law months BEFORE a remedy was announced or made
available. Another factor may be the length of time I had to live with it.

 

I settled my case this past week as well.

--
Cheese

 

Were the circumstances similar to mine?

 

Was there any excuess mentioned by BMW as to why it took so long to get this fix? That's the only thing that pisses me off is that a major problem like this took at year to fix. Just doesn't make sense. Just got V36 installed 2 days ago and my stumble is gone... why was that so hard to fix?

 

>>...I'll have to keep this in mind for windshield replacements!
>>Hey Mini USA, you listening???????????????????????????????
Hey zfxr, the truth is they DO read this stuff.After non stop whining about my about to be sixth windshield replacement ,I got contacted at home by phone by a guy at bmwna named phil kahler,1-201-573-7856 .He's looking for feedback from all the unfortunates such as ourselves who are reaping the fruits of this crap windshield that they seem intent on continuing to offer as replacements for the crap originals.according to him, there is going to be a design change involving an increase in temper(20%) that they think will take care of the problem.Also of interest to all parties is a link on the mini2 website :http://www.mini2.com/forum/showthrea...ge=1&pp=15
159 responses from people with MULTIPLE windshield replacements.If we can get enough unhappy people together , we can consider a class action suit. Any lawyer mini owners out there?

 

Look folks, I really don't think I'm over-reacting in my huge amazement at the fact that BMW has apparently decided to PAY CASH MONEY to reward stumble-sufferers for their persistence in dealing with this technical issue. This is definitely what Herby and Cheese are indicating has happened to them. Isn't anyone else floored by this?

I mean, it's one thing to pursue a lemon law case and have the manufacturer ultimately buy back a terminally flawed car. The goal in those cases is to essentially refund an owner's money (plus any related expenses)...but then the owner becomes a FORMER owner and the flawed car goes back to its maker. The whole point of the "Lemon Law" in most states is to relieve an owner of a broken automobile that is beyond reasonable hope to fix. It seems like if one gets to keep the car, and it's fixed, then this is not a traditional Lemon Law case. Herby (at least) still has his car; and the car is now fixed; AND Herby has ended up with money to cover some sort of damage (emotional? missed work? what???). This seems very, very, unusual in that it would seem to indicate that BMW is assuming responsibility for somehow harming an owner AND FURTHERMORE that this responsibility goes beyond simply fixing the technical problem. If responsibility stopped at fixing the problem, then Herby would have gotten his CD36 upgrade (as have many of us) and that would have been the end of it. But, there was more...and that's what puzzles me.

Correct me if I've misinterpreted any of the facts here. As mentioned earlier, I don't think we actually have all of the facts, and maybe that's what's leading me to an erroneous conclusion.

 

I'm baffled as well...

I'm still not entirely convinced that my car is fixed and at no point did my dealership even try to notify me that a new software version was available (as the people at ASK MINI said they would). It seems remarkable (note: i'm not doubting you guys, just astonished) that they would be willing to PAY people when they can't even contact them.

 

^ I was never contacted either...despite my specifically calling MINIUSA on two separate occasions and specifically requesting that they verify my contact info (which they had wrong) so that they could reach me when a fix arrived.

So, perhaps they believe that only a few owners (i.e., those with lawyers) had this problem. Heck (their logic may go), if there were only "a couple" then we can afford to write them checks. To which I say...HEY BMW, WHERE'S MY CHECK! (or at least a warranty extension...or even coupons for free oil service, or something )

 

This really comes down to legalities.......if you didn't FILE a legal suit prior to the fix, forget about it.....you did have that option. Lemon Law does not only provide for replacement. If the problem is fixed subsequent to the filing of a suit, one can still sue for damages for the period of time that the problem did exist before it was remedied.......as my lawyer told me a while ago. The issue at this point isn't whether or not it's fair or right.......it's just what IS......what you can or cannot do about it at this point in time. Capiche?

Also, it doesn't appear that very many Mini owners with the stumble, yo-yo, etc. actually went ahead and filed a suit for this specific problem.....as they could/should have to protect themselves. As a result, they unfortunately cannot be compensated under the law. At least that's MY take on it.

 

Well, I guess I'll file suit next week for the Yo-Yo which v.36 does not address.

 

I'd have been happy to file except that, by the time I realized the stumble that THEY GAVE ME was going to be ongoing, I was already beyond statutes in my state.

I really don't like this stinkin' company.


(But I am pleased for those who managed to get good results)

 

Glad to hear you CVT folks are finally getting some love!

"Mini of America has some integrity........after all!"
Hopefully a backbone grew in the space formerly occupied by gelatin. We had a pretty crappy experience when we tried to go "up the chain" with MINI NA. Glad to hear yours turned out better!!!

-Andy

 

Since you all seem to have dealt with lemon law I thought maybe someone could answer my question. I had lawyers talk to MINI about lemon lawing my MC. THey offered me $500 to go away. I said no and now they want me to pay $1,200 for 7500 miles on the car. THe problems started before 3,900 miles? So they just randomly pick the total miles I have to pay for or they picked the day they got the letter from my lawyer. I am kind of pissed the way they are dealing with the miles. I want to upgrade to the MCS to get away from the tranny in the MC. You think I can convince them to reduce their mile charge? My only other choice it to take it to court. Let me know what you think.