New 335I and in the shop for a week already, advice needed - Page 4 - Bimmerfest - BMW Forums



Welcome to Bimmerfest -- The #1 Online Community for BMW related information! Please enjoy the discussion forums below and share your experiences with the 200,000 current, new and past BMW owners. The forums are broken out by car model and into other special interest sections such as BMW European Delivery and a special forum to voice your questions to the many BMW dealers on the site to assist our members!

Please follow the links below to help get you started!

Go Back   Bimmerfest - BMW Forums > BMW Model Discussions > 3 Series & 4 Series > E90/E91/E92/E93 (2006 - 2013)

E90/E91/E92/E93 (2006 - 2013)
The E9X is the 4th evolution of the BMW 3 series including a highly tuned twin turbo 335i variant pushing out 300hp and 300 ft. lbs. of torque. BMW continues to show that it sets the bar for true driving performance! -- View the E9X Wiki

Reply
 
Thread Tools Display Modes
  #76  
Old 02-02-2009, 08:22 PM
xtremecruiser's Avatar
xtremecruiser xtremecruiser is offline
Officially Welcomed to the 'Fest
Location: sc
 
Join Date: Aug 2008
Posts: 237
Mein Auto: 08 335I vert
Quote:
Originally Posted by anE934fun View Post
Out of curiosity, does SC Lemon Law require written notification to be provided to BMWNA? If you haven't sent a written letter with proof of delivery, BMWNA can deny that they have any obligation to you (which is what it seems is happening).

In my circumstance (E93 with water leaks just like yours), I sent the letter after the first failed attempt at repair. The letter was sent Express Mail so I had proof of sending and receipt by BMWNA. After the third failed repair attempt, I had an attorney in the picture who has a very successful track record in Lemon Law litigation. You may not believe it, but if you are not represented by an attorney, manufacturers do not treat you seriously. But then again, you are experiencing first hand how BMWNA is not treating you seriously.... When the car went in for the 5th attempt to repair (proof that there were 4 previous unsuccessful repair attempts), BMWNA decided it was time to throw in the towel and sent the Repurchase Agreement paperwork to my attorney. Once I sent in the notarized signature page (so they knew that I was truly me...), things moved quickly (~2 weeks from sending in the signed Repurchase Agreement to receipt of the check for the car.
Letters mailed to customer relations and the legal department, BMW NA has them, they say we do not recognize the issue and is in denial about the 3 times that Rick Hendricks BMW has attempted to repair the car and another on site inspection that BMW NA stood me up on, they lost their regional engineer for a few days, after they insisted that I let them inspect the car for my Lemon Law complaint at a specific date that they made.
The SC AG office sent my complaint to the consumer affairs department and the case is classified as unresolved between that parties.
So to go forward with my Lemon law complaint and misrepresentation lawsuit I have to get a local attorney.
BMW NA customerless service at its best.
Reply With Quote
  #77  
Old 02-02-2009, 08:25 PM
anE934fun anE934fun is offline
Officially Welcomed to the 'Fest
Location: S.F. Bay Area
 
Join Date: May 2008
Posts: 6,807
Mein Auto: 2010 335d
And I imagine that the expense of the attorney is on your dime? One reason to live in CA - the consumer's Lemon Law attorney expense is on the manufacturer....
Reply With Quote
  #78  
Old 02-02-2009, 08:31 PM
xtremecruiser's Avatar
xtremecruiser xtremecruiser is offline
Officially Welcomed to the 'Fest
Location: sc
 
Join Date: Aug 2008
Posts: 237
Mein Auto: 08 335I vert
Quote:
Originally Posted by anE934fun View Post
And I imagine that the expense of the attorney is on your dime? One reason to live in CA - the consumer's Lemon Law attorney expense is on the manufacturer....
For every dollar I spend on a payment I will spent 2x that amount on Media ( newspaper ads, bulletin boards, flyer's, etc )

I have already talked to a few local attorneys, they will take the case at no cost.

I will be posting everyones email and phone number from BMW NA that I have talked to, along with what was said.
Plus I have the email addys to most of the higher up's at BMW BE that I can post.
Reply With Quote
  #79  
Old 02-02-2009, 09:46 PM
-=Hot|Ice=-'s Avatar
-=Hot|Ice=- -=Hot|Ice=- is offline
Been there, Done that.
Location: In my Empire
 
Join Date: Jan 2008
Posts: 5,142
Mein Auto: Does it matter?
I'd say take it to court. Good luck bro. Keep us updated.
__________________
Quote:
Originally Posted by CaptainAudio
In the words of one of Bimmerfest's greatest minds:"Been there, done that"
Quote:
Originally Posted by boltjaM3s View Post
Half the fun of succeeding in life is fighting the fight and making it.
Reply With Quote
  #80  
Old 02-03-2009, 02:11 PM
100$ GUY's Avatar
100$ GUY 100$ GUY is offline
Officially Welcomed to the 'Fest
Location: Jurassic Park
 
Join Date: Sep 2008
Posts: 328
Mein Auto: Depends of the day
Yeah, keep it going.....and going....and going....
__________________
The point of owning a BMW - the reason people pay the tariff and put up with the theft risk - is that they're marvelous driving machines. Plenty of vehicles offer high-quality transportation and driving pleasure for less money, but they don't feel like a BMW.
Reply With Quote
  #81  
Old 02-03-2009, 02:24 PM
wrighterjw10 wrighterjw10 is offline
Registered User
Location: Harrisburg, PA
 
Join Date: Feb 2009
Posts: 65
Mein Auto: something cool...soon
good luck man.
Reply With Quote
  #82  
Old 02-03-2009, 07:30 PM
xtremecruiser's Avatar
xtremecruiser xtremecruiser is offline
Officially Welcomed to the 'Fest
Location: sc
 
Join Date: Aug 2008
Posts: 237
Mein Auto: 08 335I vert
Quote:
Originally Posted by -=Hot|Ice=- View Post
I'd say take it to court. Good luck bro. Keep us updated.
Talked to 4 differnt law firms today, they are all chomping at the bit for me to sign on the dotted line.
Paperwork will be finished and signed on Thursday afternoon as the next escalation step.
Called the local dealer for one last chance, the Rick Hendrick BMW dealerships GM was a arsh to me again. Every time I have talked to them, their story changes.
They think I should bring it in for the 4th time for them to try and fix it, funny that its the 4th time for them and BMW NA says it will be the 2nd
Had a hour long interview with one of the local media sources to, the man was just shacking his head in disbelief, just like the dealership will be when it goes live on a nation medias website soon.
I swear I just heard thunder in the background
Reply With Quote
  #83  
Old 02-03-2009, 07:40 PM
anE934fun anE934fun is offline
Officially Welcomed to the 'Fest
Location: S.F. Bay Area
 
Join Date: May 2008
Posts: 6,807
Mein Auto: 2010 335d
Keep their feet to the fire.
Reply With Quote
  #84  
Old 02-04-2009, 05:49 AM
fl_cyclist's Avatar
fl_cyclist fl_cyclist is offline
Road or Beach
Location: Weston, FL
 
Join Date: May 2008
Posts: 274
Mein Auto: 2015 428i conv
It hard to believe that the response from BMW is so poor. If the facts are as you represent them here it seems clear that the car should never have been sold as new and they have failed to resolve your issue.

When I had engine issues with my e90 by the 4th time the GM of my dealer understood my frustration and put in for a trade assist. I had a brand new e90 in a week and was made completely whole on the deal and even got a better vehicle in the way of options. My experience was 360 of yours.

Feel for you, good luck.
Reply With Quote
  #85  
Old 02-04-2009, 08:37 AM
320what?'s Avatar
320what? 320what? is offline
Officially Welcomed to the 'Fest
Location: Estonia
 
Join Date: Feb 2007
Posts: 2,011
Mein Auto: 2007 E90 325i
Quote:
Originally Posted by thebestlaxer View Post
i dont get why people dont just save up and buy new cars...=|
are you 12 or you REALLY don't get?

To OP -- sounds like someone was driving the car and put into curb...
__________________
Stock '07 Z4 3.0si - Titanium Silver/Black/18s OEM 135M
Reply With Quote
  #86  
Old 02-04-2009, 04:40 PM
xtremecruiser's Avatar
xtremecruiser xtremecruiser is offline
Officially Welcomed to the 'Fest
Location: sc
 
Join Date: Aug 2008
Posts: 237
Mein Auto: 08 335I vert
Quote:
Originally Posted by fl_cyclist View Post
It hard to believe that the response from BMW is so poor. If the facts are as you represent them here it seems clear that the car should never have been sold as new and they have failed to resolve your issue.

When I had engine issues with my e90 by the 4th time the GM of my dealer understood my frustration and put in for a trade assist. I had a brand new e90 in a week and was made completely whole on the deal and even got a better vehicle in the way of options. My experience was 360 of yours.

Feel for you, good luck.
Thanks, thats exactly what my Attorney said
Reply With Quote
  #87  
Old 02-05-2009, 09:41 PM
100$ GUY's Avatar
100$ GUY 100$ GUY is offline
Officially Welcomed to the 'Fest
Location: Jurassic Park
 
Join Date: Sep 2008
Posts: 328
Mein Auto: Depends of the day
Quote:
Originally Posted by fl_cyclist View Post
It hard to believe that the response from BMW is so poor. If the facts are as you represent them here it seems clear that the car should never have been sold as new and they have failed to resolve your issue.

When I had engine issues with my e90 by the 4th time the GM of my dealer understood my frustration and put in for a trade assist. I had a brand new e90 in a week and was made completely whole on the deal and even got a better vehicle in the way of options. My experience was 360 of yours.

Feel for you, good luck.
he is going to win.
__________________
The point of owning a BMW - the reason people pay the tariff and put up with the theft risk - is that they're marvelous driving machines. Plenty of vehicles offer high-quality transportation and driving pleasure for less money, but they don't feel like a BMW.
Reply With Quote
  #88  
Old 02-05-2009, 11:59 PM
e46shift e46shift is offline
;p
Location: nj
 
Join Date: Oct 2002
Posts: 325
Mein Auto: bike w/ ET mod
what an epicly entertaining thread. good luck. no mercy.
__________________
04 S2k, 07 328 aka snoozemobile
Reply With Quote
  #89  
Old 02-07-2009, 02:45 PM
mickey513 mickey513 is offline
Officially Welcomed to the 'Fest
Location: Guess =)
 
Join Date: Jun 2003
Posts: 186
Send a message via AIM to mickey513
Mein Auto: e46
In for updates
Reply With Quote
  #90  
Old 02-07-2009, 02:54 PM
GinoDotCom's Avatar
GinoDotCom GinoDotCom is offline
Officially a BMW Homer.
Location: Bronx, NY
 
Join Date: Jun 2008
Posts: 1,037
Mein Auto: 2008 335i
I could see a manager getting canned for something like this if it gets enough exposure. By the looks of the OP, that is his full intention rightfully so! I'm pulling for ya
__________________

335i JB4 6MT: Goes from 0-60 in the time it took you to read this.
SSTT turbo chip for sale in the Classifieds
Reply With Quote
  #91  
Old 04-12-2009, 04:16 PM
xtremecruiser's Avatar
xtremecruiser xtremecruiser is offline
Officially Welcomed to the 'Fest
Location: sc
 
Join Date: Aug 2008
Posts: 237
Mein Auto: 08 335I vert
Legal Papers filed if fed and state courts, the longer I wait for BMW and Rick Hendricks to man up, the more pissed I get

Last edited by xtremecruiser; 04-12-2009 at 04:17 PM. Reason: dolp
Reply With Quote
  #92  
Old 04-12-2009, 06:20 PM
MaxBmw06 MaxBmw06 is offline
Registered User
Location: ohio
 
Join Date: Mar 2009
Posts: 54
Mein Auto: 06 325i
Good Luck !

keep us updated
__________________
I recommend macs to my friends and PC's to people whom I don't mind billing by the hour.

Reply With Quote
  #93  
Old 04-12-2009, 06:40 PM
jmsent jmsent is offline
Officially Welcomed to the 'Fest
Location: Chicago
 
Join Date: Sep 2006
Posts: 805
Mein Auto: 07 335i Coupe
Quote:
Originally Posted by xtremecruiser View Post
Legal Papers filed if fed and state courts, the longer I wait for BMW and Rick Hendricks to man up, the more pissed I get
What do you mean by this? Are you suing BMW at both the state and federal level? I'm also trying to figure out why a lawyer would take this case at no charge? They would normally do this only if they stand to make out in a settlement. Given that the outcome would be a new car for you, what do they get?
__________________
Sold-07 335i COUPE-SPACE GRAY-STEP-SPORT-PREMIUM-COLD-SIRIUS-RFT DELETE
Reply With Quote
  #94  
Old 04-12-2009, 08:36 PM
DSXMachina's Avatar
DSXMachina DSXMachina is offline
Bimmerdex 7.4!
Location: New Hampshire
 
Join Date: Dec 2007
Posts: 11,157
Mein Auto: 335i E92 TiAg 6MT ED
Quote:
Originally Posted by jmsent View Post
What do you mean by this? Are you suing BMW at both the state and federal level? I'm also trying to figure out why a lawyer would take this case at no charge? They would normally do this only if they stand to make out in a settlement. Given that the outcome would be a new car for you, what do they get?
I smell...something...odd.
Reply With Quote
  #95  
Old 04-12-2009, 09:07 PM
anE934fun anE934fun is offline
Officially Welcomed to the 'Fest
Location: S.F. Bay Area
 
Join Date: May 2008
Posts: 6,807
Mein Auto: 2010 335d
Quote:
Originally Posted by jmsent View Post
What do you mean by this? Are you suing BMW at both the state and federal level? I'm also trying to figure out why a lawyer would take this case at no charge? They would normally do this only if they stand to make out in a settlement. Given that the outcome would be a new car for you, what do they get?
I don't know about SC, so what I going to say only applies to California Lemon Law....

California Lemon Law provides for the attorney to be paid their usual and customary fee for the litigation. As a result, the attorney is certain to be paid if the Lemon Law jurisdiction threshold has been met. As far as the federal lawsuit, I don't know what the attorney is claiming that gets into U.S. District court, but it should be interesting. Also, the outcome in California is not limited to a new car; the Plaintiff gets all of their cash back less a deduction for reasonable use.

Hint to BMW - if the facts are as alleged, it is time to settle. It only gets more expensive the longer the case is in litigation....
Reply With Quote
  #96  
Old 04-13-2009, 06:44 AM
jmsent jmsent is offline
Officially Welcomed to the 'Fest
Location: Chicago
 
Join Date: Sep 2006
Posts: 805
Mein Auto: 07 335i Coupe
Quote:
Originally Posted by anE934fun View Post
I don't know about SC, so what I going to say only applies to California Lemon Law....

California Lemon Law provides for the attorney to be paid their usual and customary fee for the litigation. As a result, the attorney is certain to be paid if the Lemon Law jurisdiction threshold has been met. As far as the federal lawsuit, I don't know what the attorney is claiming that gets into U.S. District court, but it should be interesting. Also, the outcome in California is not limited to a new car; the Plaintiff gets all of their cash back less a deduction for reasonable use.

Hint to BMW - if the facts are as alleged, it is time to settle. It only gets more expensive the longer the case is in litigation....
From what I see, SC doesn't cover the legal fees, so the lawyers go after the dealer and manufacturer. That's what the online lemon law lawyer sites say anyway. Call me suspicious, but I always get skeptical when the words "lawyer" and "free" are used in the same sentence. It doesn't look like this case has even gotten to arbitration, which will happen before anything goes to court.
__________________
Sold-07 335i COUPE-SPACE GRAY-STEP-SPORT-PREMIUM-COLD-SIRIUS-RFT DELETE
Reply With Quote
  #97  
Old 04-13-2009, 10:43 AM
the328's Avatar
the328 the328 is offline
Enjoying Your Money
Location: SFO
 
Join Date: Apr 2009
Posts: 572
Mein Auto: 2009 328i
Quote:
Originally Posted by xtremecruiser View Post
Just a classic case of misrepresentation by the dealership.
Told the car is new, in perfect conditions, and it was checked over, its perfect.
I could have crashed it with 2 bent rims and a giant bubble in a tire and killed my kid and myself.
It gets better.. ever seen a water fall bmw ?
The car has been in the shop 3 times for the same leak, seals replaced, rubber goo placed all over the sides to try and patch the leak.
I can not wash the car, I can not drive it in the rain, I hate looking at it right now.
Mailed a certified letter to BMW NA requesting a arbitration hearing to return the car under the SC Lemon Law statute ( to the addy BMW gave me ), A customer relations manager calls me a few weeks ago about a thread about my POS car and wants to have the car inspected by their regional engineer, she give me a certain day and says that the only day he can see it or I will have to wait till next year for my LL claim.
So I take off work and get stood up, no email, no call, nothing.
The dealers top shop guy goes for a ride with me to look at it and I gave him a towel so he did not get soaked. He was kinda in shock and admitted that someone gued up the seals to try and help fix the leak.
The customer relations rep does not even say sorry and tells me that thay did not get my LL letter, even though I have a signed return reciet, she then says it does not count since I did not send it to the attention of the "legal department"
It's been over a week since they got the second one and are still ignoring me

Emailed BMW this week and let the customer service rep that had been emailing and talking me that I would be giving her name to the States attorney generals office and the local media tv stations.
She sends me a nasty email that I should have taken the offer from the dealership of trading it in for market value on another vehicle and that that offer may still be on the table
I fire off a reply to her, BMW CEO, the board of directors at BMW NA and BMW DE.
I get a nasty voice mail TELLING me that I am not allowed to email BMW DE or others anymore and that someone will call me later in the day to talk to me about my car.
That was 2 days ago.
Customer service at its bets.
Who wants my email list ?

The video of my car at a car wash
Stop the argument and get a lawyer. I know a great one in California, not sure if he can handle other states, but give him a call and ask for a referral in your state. His name is Kurt Delsack 888-395-3666. You are not the expert therefore BMW will jerk you around until you give up, as soon as the lawyer steps in they'll transform into a little p***y cats. Remember BMW will even pay your lawyer as per Cali law (check your state).

Last edited by the328; 04-13-2009 at 11:00 AM.
Reply With Quote
  #98  
Old 04-13-2009, 11:27 AM
belal242 belal242 is offline
Registered User
Location: Northern VA
 
Join Date: Apr 2009
Posts: 98
Mein Auto: Infiniti G35 coupe
so whats the status?
Reply With Quote
  #99  
Old 04-13-2009, 11:44 AM
hmr's Avatar
hmr hmr is offline
.oo=||=oo.
Location: US
 
Join Date: Jul 2002
Posts: 1,126
Mein Auto: Bimmers
Quote:
Originally Posted by the328 View Post
Stop the argument and get a lawyer. ...
+1.

By the way, I'm having a hard time believing that the dealership would let the car out from a repair with such a big leak (or any leak, period). Did you have them prove to you they stopped the leak after each repair (hosing it with water as a test should be pretty easy, as would riding it thru their carwash). I'd have repeated this after operating the top a few times. As well, I'd have consulted with the tech doing the repair to try and understand the problem and get as much information either to help solve the problem or for use later in a lawsuit.
Reply With Quote
  #100  
Old 05-11-2009, 09:55 AM
belal242 belal242 is offline
Registered User
Location: Northern VA
 
Join Date: Apr 2009
Posts: 98
Mein Auto: Infiniti G35 coupe
any news?
Reply With Quote
Reply

See More Related BMW Stories


Forum Navigation
Go Back   Bimmerfest - BMW Forums > BMW Model Discussions > 3 Series & 4 Series > E90/E91/E92/E93 (2006 - 2013)
Today's Posts Search
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On



Forum Jump


All times are GMT -7. The time now is 07:13 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
© 2001-2015 performanceIX, Inc. All Rights Reserved .: guidelines .:. privacy .:. terms