Headed to court: Me vs. BMW North America

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Jan 14, 2009 | 09:29 AM
  #1  
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.
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Jan 14, 2009 | 10:10 AM
  #2  
Good luck... keep us posted on what happens.

I've been following your posts for a few months now while researching my next car, hopefully MINI will take notice and fix these problems which have been long running.

t
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Jan 14, 2009 | 10:14 AM
  #3  
Quote: 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.
What were the original problems?
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Jan 14, 2009 | 12:03 PM
  #4  
+1
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Jan 14, 2009 | 12:25 PM
  #5  
Quote: What were the original problems?
Quote: +1

leaning suspension. he tried replacing spring/shocks/struts with JCW and still leans.
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Jan 14, 2009 | 04:43 PM
  #6  
oh crap. definitely let us know how your fight against goliath goes, david but really, keep us updated
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Jan 15, 2009 | 08:09 AM
  #7  
"leaning" suspension, as it leans to one side??
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Jan 15, 2009 | 08:15 AM
  #8  
Quote: "leaning" suspension, as it leans to one side??
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.
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Jan 15, 2009 | 08:48 AM
  #9  
I have a humorous image in my head of everyone rising for the judge, and all of the BMW people are leaning to the side as if they should have had a V-8.
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Jan 16, 2009 | 11:36 AM
  #10  
X
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Jan 16, 2009 | 12:27 PM
  #11  
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
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Jan 16, 2009 | 01:38 PM
  #12  
x
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Jan 16, 2009 | 07:43 PM
  #13  
Quote: 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.
I have no doubt after following your posts for so long, that you deserve satisfaction from BMW/MINI for this problem.

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.
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Jan 16, 2009 | 08:03 PM
  #14  
Quote: I have a humorous image in my head of everyone rising for the judge, and all of the BMW people are leaning to the side as if they should have had a V-8.

OMG... I almost fell on the floor!

On a more serious note... I'm sorry you got a lemon Sparkling. Good luck in court.
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Jan 17, 2009 | 03:01 PM
  #15  
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.
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Jan 17, 2009 | 04:38 PM
  #16  
x
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Jan 21, 2009 | 11:10 AM
  #17  
Any word on this yet. I'm on the verge of my own legal battle with Mini. It's getting dangerously close for me.
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Jan 21, 2009 | 01:53 PM
  #18  
X
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Feb 6, 2009 | 02:31 PM
  #19  
I had my day in Administrative court yesterday.
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Feb 6, 2009 | 02:39 PM
  #20  
Quote: I had my day in Administrative court yesterday.
and what happened??
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Feb 6, 2009 | 02:43 PM
  #21  
Im guessing nothing good.
You vs BMW? Umm okay
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Feb 6, 2009 | 02:56 PM
  #22  
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.
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Feb 6, 2009 | 03:13 PM
  #23  
Quote: 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.
I hope you win Stinks that you have to wait so long
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Feb 6, 2009 | 06:17 PM
  #24  
Quote: 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.
Best of luck to you and keep us posted on the judge's final ruling.
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Feb 6, 2009 | 09:35 PM
  #25  
Wow. That's kinda crazy. Never even showed up. I guess it probably worked out for you, then.

Maybe they would rather have bought it back than just fixing it over and over and over and over...
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