As you may know, on Friday Dec 13th I brought my six week old Mini limping back to the dealer for the third time (see Poor Sick Mini threads in this and Beneath the Bonnet fora). That day I filed a complaint with Mini Customer Relations.
The only calls I'd received from Mini since had been one last week. They were taking a survey to see how I liked my new Mini! I am not making this up.

Anyway, three weeks after they took the car I reached the dealers service advisor & the Mini of N.America CR guy. They said some higher-up in the Mini org had decided this was not a "buy-back" situation. They wanna try yet another sortware upgrade! Could I have the name and phone # or the decision maker? No, "it is not our policy to give out that information." Nice.

QUESTION TO TECH TYPES OUT THERE: Can new software cure a CVT that has, apparently, been damaged by the wrong kind of trasmission oil? The car's problems include stalling, bucking and transmision slipping like crazy. All this while the dash gives me a free light show, mostly red & yellow.

They are offering to make ONE payment on the car in exchange for my inconvenience. Does that sound fair? I think the NY State Lemon law says you get your $$ back or a new car if it take more'n 30 days to fix a problem. We're WAY over that now. I never thought I'd have to litigate to get Mini to do the right thing but its starting to look that way. BB

 

Software upgrades/repairs don't fix mechaniel problems. If the CVT was acting strange because of an electrical problem or because the computer was geting improper data and/or analyzing that data wrong then a software fix might work.

So no i don't see how a software upgrade is going to help here.

What I want to know is how the wrong transmission fluid got put in the car. I mean shouldn't people certified to work on MINI's know the difference. If car makers would stop coming up with their new and improved, which really aren't just attempts to get more money from dealer only services, formulas for ATF/Coolant we would not have this problem. Chrysler is a good example of this with the ATF+4 they are using now that is very difficult to find and/or hard to get unless you are a chrylser dealer. Too bad that Amsoil Synthetic ATF is superior to it and compatiable as well.

 

Wait a minute....let's ride one pony at a time here, shall we?

1) Has MINIUSA or your dealer been able to established that your CVT transmission is damaged or not? If YES, what steps will be followed in order to remedy the problem (e.g., replacing the tranny with a new or rebuilt unit?)

2) If MINIUSA or your dealer have given your CVT tranny a "Clean bill of health" then the next logical step is to attempt downloading the latest software fix update to your car's DME (Engine computer). CD #33 will incorporate several fixes for the Cooper CVT models and should address most of the issues that you and other CVT owners have encountered and have been discussed at length in here and other MINI message boards. CD #33 is not yet available to dealerships and will be not until the end of the Month or early February. What your dealer most likely will be doing, is to yank out the DME unit from your car, have it shipped to MINI in NJ, have them reflash it with the CD #33 software update fix, re-send it to your dealer and have them re-install the DME in your car. The whole procedure takes about 5 business days so demand them to give you a covered loaner while they do this.


3) Keep a tight paper trail record of all repair attempts and record all conversations (Names, date and times) between you, your dealer and MINIUSA.

4) Keep in tune with your state lemon laws. Make sure that the number of repair attempts and days out of service fall within the state's guidelines to declare your vehicle a Lemon. If MINIUSA claims that the software fix is the definite solution to all your problems experienced so far with the car, then allowed to do go ahead with the last repair attempt and take it from there.


5) If after performing the software update the car does not improve or change at all, then start weighing your legal options (Get legal counsel) and demand either a full refund or a new replacement vehicle. Is that simple.

It seems to me that there is a combination of mechanical failure (CVT) and controlling software problems in your car. They know that the attempt to perform the software update is their last straw, so if that fails to fix the car, then you have legal grounds to force them to buy back or replace the car with a new one.


I currently own a Cooper CVT with 3,200+ troublefree miles (August 2002 build), so I am confident you just got a bad apple that ought to be replaced with a brand new spanking car.


Ride one pony at a time. You should be able to have success in replacing your car.

Good Luck!

 

First, many thanks to Cooper4us for a cogent, thoughtful and through reply. I'm grateful for time spent & appreciate the effort.

The dealer (Mini of Manhattan) & MiniCooper of N.A. Customer Relations pretty much agree that the bucking, slipping, stalling & the array of warning lights are due to a mistake made in the factory. A letter I recieved from Mini/BMW of N.A. says "CVT transmissions have been filled with incorrect, low-viscosity tranmission oil during the manufacturing process." Which may cause the "...clutch to slip sporadically, and if not corrected permanently...ultimately a total transmission failure may occur."

The 1st time I brought the Mini back, their diagnosis was: TRANS FLUID & GIU defective (DME FAULT CODES P0707 & P1787). They replaced the GUI (gearbox interface unit) & flushed the trans 4 times. The car was OK for about a week b/f relapsing w/same symptoms. Most of joy sucked out of new-car-experience.

The 2nd time I brought the Mini back the DME faults were: P0705 & P1786 & ASC 5E15 & 5E14. The dealer told me that only three cars in the U.S. are having this trouble & they brought a CVT expert in form Belgium to advise 'em. The expert sent the car's computer to N.J. the reflash the chips, then pronounced the car/tranny OK. The car was OK for two days and they relapsed w/same symptoms but more severe now. Happy Thanksgiving (not).

The 3rd time I brought the car in it was just barely drivable. Missed a day of work that time.

Now, after holding the car for three weeks they wanna try another software upgrade; this time one that involves bringing a computer to the car, rather than vice versa. It sounds to me like treating a pneumonia patient w/a drug that prevents sneezing.

Meanwhile, they've been paying $50/day for loaner rental car (total = about $2,000 so far!!!). Would have been much cheaper for 'em to just admit they sold a defective car & replace it. I think I may be part of some R&D experiment.

 

bigbud,
I'm hoping this all works out for you. Do a search "New York lemon laws" and see what turns up. Here in Massachusetts, based on what you have reported you would now be fully eligible for a new MINI. No attny. involved, simply application of the law. Here's a cut and past from the MA site:

"Reasonable Number of Repair Attempts: The Lemon Law gives the manufacturer, its agent or authorized dealer a "reasonable number of attempts" to repair the substantial defect. This standard is met if, within the term of protection (1 year or 15,000 miles):

a repair is attempted 3 or more times for the same substantial defect, and the problem continues or recurs within the term of protection;
OR
repair attempts for any substantial defect or combination of defects total 15 or more business days, not necessarily all at one time.
NOTE: A business day is any day that the service department of an authorized dealer is open for business.

Be sure to keep complete and accurate records of all contacts with the manufacturer and dealer, and all receipts. You have a right to a dated, itemized bill for any repair work, including warranty repair work, under the Attorney General’s Motor Vehicle Regulations (940 CMR 5.00). Examine the bills to be sure the problem you complained about is listed."

 

Hey BigBud,
I hate it that you've had to go thru so much with your Mini. Here's hoping the future brings a brighter day.

Jim

 

Wish you all the best in the future mate... sorry to hear this about your MINI :???:

 

Yikes!! So sorry there Bigbud (love that screen name!!).

Keep us updated as this is an interesting story.

Cheers

R