I think a number of members would be interested in knowing how many have started the Lemon Law process because of their stumble issues. If/when you have initiated such, please let us know, as well as your state. Thanks!

September 9, 2003............here we go!
Pennsylvania

 

Sent a legal letter to my dealership as well as MINI USA....process is in motion.

 

I am

 

Sent two certified letters on September 11th....one to BMW warranty division and one to the zone office in Illinois.

 

I called my dealer last week and talked to the maint head about the stumble issue and lemon-law. Would anyone mind sharing with me their letters to MINI Division or dealers?

Thanks

 

Sept. 2nd 2003 in process.....Florida

 

For those wishing to file for lemon law, the first step is to notify MINI Division of BMWNA in writing via certified letter that you intend to do so. They have ten days to respond. In most states, they will get one last shot at fixing the issue. The address where you need to send the letter can be found in your MINI warranty manual.

I do not yet qualify for lemon law under the most stringent interpretation of SC lemon law statutes, but will soon due to attempted fixes with no resolution and/or time in the shop. The reason I mention the most stringent interpretation is that some think that because MINI acknowledges they have no fix, the multiple failed attempts at repairing the same issue requirement does not need to be met.

See ya,
JS

 

Folks,

Here is a sample letter from the NPR Car Talk guys' website:

--------------------------------------------------
Date

Your Name
Address
Telephone Number


MINI Division of BMW of North America, LLC
(see your warranty book for address)

To whom it may concern:

I am writing to notify you of the problems that I am experiencing with my 2003 BMW MINI Cooper S (VIN number #########) and to request that you repurchase or replace this vehicle.

I purchased my vehicle from YOUR DEALER of DEALER CITY,STATE on or about DATE YOU PURCHASED. I took the vehicle back to the dealer for repairs on LAST ATTEMPTED REPAIR DATE, but to date they have been unable to correct the problem. Attached are copies of the repair orders which document the dealership's attempts to repair the vehicle.

This problem substantially impairs the use, value, or safety of the vehicle. Therefore, I expect you to REPLACE/REFUND the vehicle, pursuant to the lemon law of the state of YOUR STATE/WHERE YOU PURCHASED.

Please contact me upon receipt of this letter at the above address or telephone number, in order to arrange a mutually convenient date and time for you to repurchase or replace the vehicle.

Sincerely,




YOUR NAME

Enclosures Certified Mail, Return Receipt Requested

 

I was forced to go Lemon Law route but dealer & MINI Div/BMW
offered to replace the car before the actual hearing took place.

The replacment drives like my test-drive car; the original didn't.

In New York State it is easy to file. Start with this link, print out the forms, fill 'em out, mail 'em in -- and justice will be done.

http://www.oag.state.ny.us/complaint...t_arb_form.pdf

There is a filing fee to weed out the frivolous, but, as I recall, you get the money back if you win.

Stick to you guns and don't accept any BS. You paid for a new car that works and you should get one.

BB

 

I would have a lawyer write up and send the letter.
Never yourself.

The attorney will do it properly and swiftly to YOUR advantage.

 

I second the notion........I haven't sent anything in writing to BMW......my lawyer did
it for me. I do have three service receipts indicating fixes that were tried and one
saying that an upgrade wasn't available. Copies of these have been sent to my lawyers. At some point there will be negotiations between legal firms and as far as outcome is concerned.........if the Pilo ignition upgrade I ordered solves the stumble, I'll look for a cash settlement. Otherwise, it's nice to hear that someone actually got a new replacement vehicle.

 

Just a few quick questions.

Is this problem happening with all MINIs?
How is BMW handling this letters?
And what in the hell is the dealer saying to you when he returns your car and it is still having the problems??

War Eagle

 

Just wondering how everyone's claim is progressing? Has Mini inspected your cars since being notified of the lemon law claim? I called to schedule an appointment to have the stumble confirmed and was told by the service advisor that there was no resolution to the problem but they were expecting a solution at the end of the month. So, I advised him that I still wanted the stumble issue documented and scheduled an appointment. Since my MCS also has a severe paint defect, a buy-back is a must.

 

it's been 10 days since I sent my TWO letter (certified)...hav'nt heard from them yet.

 

If you don't have one, you should get an attorney. Some states allow for what I think are known as treble damages...meaning that if they don't respond in a timely manner, you can ask for three times the original amount of the vehicle plus court/attny fees. Not all states allow this, however.

From AutoSaftety.org:
"Penalty - Recognizing that auto makers often ignore the requirements of the lemon law to drag out taking back lemons so that consumers give up in frustration, some states impose a civil penalty or exemplary damages for willful violation of the lemon law. Such provisions create a deterrent to auto companies stonewalling consumers and outright misleading consumers about their lemon law rights. California, North Carolina, Oregon, and Wisconsin lead the way by providing for the award to the consumer double or treble damages for violations of the lemon law. Maryland provides for a $10,000 damage award to consumers for manufacturers who act in bad faith. North Carolina and Wisconsin have the best provisions by providing for mandatory treble and double damages respectively."

See ya,
JS

 

this is really cool. i have not got my mini yet, but at least i can see there is a way to correct the stumble.
i dont wanna get a new car since they will not give a exact same car, i think the updates should come out very fast, since it is cheaper to replace cars to others.

BMW gotta work now, stop fooling around! where is all the bmw engineers? MINI's dont seem to do a good job!

 

Don't hold your breath with regard to a response to a personal letter. Even if you do,
it will just be double talk. Writing to Mini yourself is really a waste of time. The only way you will get any satisfaction is to file a lemon law suit and let your lawyer send the letters to BMW. Even then it's likely to be a while before anything happens.

My service department has been very supportive and understanding......but I still
have yet to hear the magic words, "we have a fix for your stumble, please make an appointment".

When and if they do, I still plan to go through with my legal options because I have
still had to deal with the aggravation of this problem for more than a year, as well as with BMW's generally irresponsible response to an issue effecting alot of
customers.

Another way I have responded has been to add relatively inexpensive mods
that have helped others. A Pilo intake reduced my stumble. The door bell just
rang and it was Fed Ex delivering the Pilo ignition system that I'm having installed on Friday morning. So I'm hoping to be rid of the issue without any help from the
manufacturer.....will let you know.

You have to take the bull by the horns. Best of luck!

 

Herby74,

Let us know how that firecracker ignition works on the stumble.

Thanks,
JS

 

Will do, JS!

 

I had a problem with a new F150 pick-up. After three failed repair attempts for the same problem,I got them to replace the truck.I filed for the NJ lemon law,but the fine people at Ford decieded to give me what they call a Good Will buy back.You see,if the state declairs the car a lemon,they cannot sell it without proper notification that it's a lemon.If the selling dealer and manufacturer agree to buy the car back or replace it,the car in question is not really a lemon in the eyes of the state.It can go back out on the lot as a used car and you would never know it.My truck was shipped out to PA.Some poor person got stuck with it and never knew that it was a lemon.So,if you want to get your car replaced with a new one,put more pressure on your dealer and Mini USA.Get the lemon paper work going and make phone calls to the important people everyday.Sooner or later you will get a new car.Know your rights,and know your facts about your individual problem.Let them know you filed for lemon law and that you have all of your paper work in order.Tell them you would rather get the car replaced with a new one.I would think Mini would rather have some used cars on the lot,and not used lemons.Jaydawg.

 

Just want to be sure that JS and the others who have posted here know that while the stumble wasn't eradicated, a Pilo Racing ignition sytem did knock it down a good
bit for me. What I didn't expect was such a dramatic improvement in the tramsmission. It feels silky smooth......especially evident in 1st & 2nd gears. I recommend it even to those who have never had a stumble or cold start in the first place. You have to feel it to believe it......and it appears that a fix is on the way too. Looks like our best motoring days lay ahead!

I still plan to move forward with my law suit even if the fix is for real........don't like
the way this has all gone down and the aggravation it has caused for so many of us.

 

I had a a even better Idea than the filing.. TRADE IT :evil: Yupper and no more problems, hassels, or waiting for a(make believe) answere from customer service.. VW wagon 1.8 T sport GLS 5 speed race wagon. How do you like me now!!!
Dan

 

anyone have updated info on the progress of their claims/issues???

 

well i just read the post above and many claim that the new version of software has corrected the "stumble" issue. so that might be your answer.

 

anyone have updates as to what happened after your letters weren't sent in?