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      12-24-2019, 02:52 PM   #287
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Quote:
Originally Posted by CalCarNut View Post
Murphy's law..

my N26 let go at 26K and not related to the TC. Engine has 6K on it now. I doubt I'll have it long enough to know if it gets to 100K on the replacement engine lol. That new Corvette has my name all over it.....
Warranty replacement? Curious what went on it
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      01-02-2020, 10:54 PM   #288
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Angry Change to settlement date...

Full docket text for document 59:
TEXT ORDER: The Court will grant counsels request to adjourn the 2/3/20 conference to 2/14/20 at 10:30am. So Ordered by Magistrate Judge Cathy L. Waldor on 1/2/20. (tjg, )
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      01-03-2020, 11:55 PM   #289
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Settlement REQUEST from original filed complaint

This is what the filed class action suit is requesting as relief. It does not mean that this will be awarded. Could be less, could be more BUT it has to be addressed. 2/14/2020 is the new hearing date.

RELIEF DEMANDED
Wherefore, proposed class representative request:
(a) A proposed Order pursuant to Fed. R. Civ. P. 23(c) certifying the class and/or subclass as defined in ¶ 19 with such modifications, if any, to the proposed certification as required by the Court for the efficient and equitable administration of justice in this proceeding;
(b) An Order appointing proposed class representative as representative of the proposed class and designating the law firms of Kantrowitz, Goldhamer & Graifman, P.C. and Thomas P. Sobran P.C. as counsel for the proposed class pursuant to Fed. R. Civ. P. 23(g);
(c) Judgment for proposed class representative and proposed class members against the defendants on all issues and counts;
(d) Damages for proposed class representative and proposed class members, including but not limited to multiple damages, together with interest, prejudgment interest, costs and attorneys’ fees;
(e) Restitution for all engine repairs incurred by proposed class representative and proposed class members resulting from the defectively designed and manufactured chain primary and secondary chain assemblies and incorrect maintenance and service intervals as set forth in the class vehicles’ owner’s manuals;
(f) Restitution of incidental expenses incurred by proposed class representative and proposed class members, including but not limited to rental vehicles and other substitute transportation;
(g) A Court issued declaratory judgment declaring that all class vehicle claims caused by their defective chain assemblies are within the scope of the class vehicles’ warranty coverage; and,
(h) Any other relief deemed necessary by the Court.
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      01-03-2020, 11:59 PM   #290
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Original filed complaint

If anyone wants to see the originally filed complaint, I added it here...

www.sjbender.com/BMW.pdf
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      01-06-2020, 11:41 PM   #291
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Do you/anyone think the oil pump chain/sprocket will be covered under the class action lawsuit?
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      01-08-2020, 11:27 PM   #292
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It is listed in the original complaint.
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      01-09-2020, 03:10 PM   #293
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Quote:
Originally Posted by sjbender View Post
It is listed in the original complaint.
Ah, must've missed it. Thanks!
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      01-12-2020, 01:06 PM   #294
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I'm considering buying a CPO, to replace my 2009 328. I would only buy a 2016 if BMW becomes responsible for this crap N20 time chain design at minimum up to 100,000 miles. Otherwise I think I must go with 2017 and B48. I'm curious what this legal action will result.
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      01-14-2020, 11:03 AM   #295
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So at this point, should I...

a) Pay the 13K to get a new engine installed, and hope for restitution once the lawsuit has been settled

or...

b) Wait til the lawsuit is settled, and have my car towed to the dealer for repairs assuming the warranty is extended

My engine on my 2013 528i xdrive blew with 72000 miles back in October.
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      01-14-2020, 11:14 AM   #296
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Quote:
Originally Posted by dave480 View Post
So at this point, should I...

a) Pay the 13K to get a new engine installed, and hope for restitution once the lawsuit has been settled

or...

b) Wait til the lawsuit is settled, and have my car towed to the dealer for repairs assuming the warranty is extended

My engine on my 2013 528i xdrive blew with 72000 miles back in October.
This could take months longer to resolve. You should keep any and all receipts.

Would be nice if they'd buy our Lexus and give us an X3 back. We sold our X3 due to concerns about this very issue (obviously they won't do that). The X3 was one of my favorite vehicles we've ever owned. At about 42,000 miles we started picking up a minor rattle on start up...very subtle, had it checked at the dealer twice and no issue per them.

I decided it wasn't worth the risk back in 2017 and we traded it for the Lexus. My wife likes the Lexus a lot, I hate it.
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      01-14-2020, 06:26 PM   #297
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Quote:
Originally Posted by dave480 View Post
So at this point, should I...

a) Pay the 13K to get a new engine installed, and hope for restitution once the lawsuit has been settled

or...

b) Wait til the lawsuit is settled, and have my car towed to the dealer for repairs assuming the warranty is extended

My engine on my 2013 528i xdrive blew with 72000 miles back in October.
This is infuriating ridiculous...
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      01-14-2020, 08:14 PM   #298
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Quote:
Originally Posted by dave480 View Post
So at this point, should I...

a) Pay the 13K to get a new engine installed, and hope for restitution once the lawsuit has been settled

or...

b) Wait til the lawsuit is settled, and have my car towed to the dealer for repairs assuming the warranty is extended

My engine on my 2013 528i xdrive blew with 72000 miles back in October.
One thought: Call another BMW dealer and see if they will advocate for getting your car fixed. I mean, you're 2K over the 70K extended warranty. It seems crazy no one is doing anything for you on this. Even if you had to have the car towed an hour or two to the next closest dealership, it might be worth it.
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      01-15-2020, 12:59 PM   #299
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My car (2015 x3) has 39k miles on it. I have no symptoms as of yet, but to avoid the sudden engine failure, my plan is to call the dealership and complain about a whining noise and rattle at startup from the engine and also telling them I know that there is a flaw with the timing chain on these engines.
My hope is that I can bring the car in and have them fix the timing chain just as F30lolz has mentioned, without any symptoms.
If I get denied I keep trying with other dealers until I can get them to do it under warranty.
Has anybody else tried this method?
I'm wondering if I get denied, will I be charge with a diagnostics fee?

So sickening that BMW won't stand behind their cars and fix this issue.
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      01-15-2020, 01:22 PM   #300
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Quote:
Originally Posted by mike_MAN View Post
My car (2015 x3) has 39k miles on it. I have no symptoms as of yet, but to avoid the sudden engine failure, my plan is to call the dealership and complain about a whining noise and rattle at startup from the engine and also telling them I know that there is a flaw with the timing chain on these engines.
My hope is that I can bring the car in and have them fix the timing chain just as F30lolz has mentioned, without any symptoms.
If I get denied I keep trying with other dealers until I can get them to do it under warranty.
Has anybody else tried this method?
I'm wondering if I get denied, will I be charge with a diagnostics fee?

So sickening that BMW won't stand behind their cars and fix this issue.
I have done this with my dealer and I have one last time before the warranty will run out to take it in on the 21st of this month. I have not been charged for any diagnostic fee and they have provided a loaner while they keep my car over night.

In my experience they will not fix anything if there are no symptoms. Some people have got lucky I guess. I will bring up a possible oil pump whine this time to see if they can confirm that is what I hear and no the chain.
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      01-15-2020, 01:26 PM   #301
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Quote:
Originally Posted by mike_MAN View Post
My car (2015 x3) has 39k miles on it. I have no symptoms as of yet, but to avoid the sudden engine failure, my plan is to call the dealership and complain about a whining noise and rattle at startup from the engine and also telling them I know that there is a flaw with the timing chain on these engines.
My hope is that I can bring the car in and have them fix the timing chain just as F30lolz has mentioned, without any symptoms.
If I get denied I keep trying with other dealers until I can get them to do it under warranty.
Has anybody else tried this method?
I'm wondering if I get denied, will I be charge with a diagnostics fee?

So sickening that BMW won't stand behind their cars and fix this issue.
Yes, if your car enters the service bay and a tech spends time diagnosing the car... you will be charged the hourly labor rate.

If they find a warrantee-able issue, you wont have to worry about it. But based on your comments thats unlikely to be the case.
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      01-16-2020, 11:17 AM   #302
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Happened to my 2012 328i n20 with 83k miles right before new years. Mechanic says the cam journals are damaged along with the cams. Timing chain failed which broke the guides which blocked the oil which caused a bunch more damage. Cheaper to replace with similar mileage used n20 which is around $9-10k.

So right now I'm not sure what to do. I know that I don't want to put $10k cash into a car that's worth somewhere around that much.

Do I need to be in the class action law suit to realize the benefits of the outcome? For instance if I scrap the car and take the loss could BMW pay me back as part of the settlement? Would I need to contact an attorney to be part of the suit?

I'm just at a loss. My car was well maintained and in good condition. But now I'm talking about giving it to my mechanic so I don't have to pay his labor of pulling apart the engine!?!? I'm in shock.

TIA
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      01-16-2020, 11:30 AM   #303
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Quote:
Originally Posted by sspade View Post
Yes, if your car enters the service bay and a tech spends time diagnosing the car... you will be charged the hourly labor rate.

If they find a warrantee-able issue, you wont have to worry about it. But based on your comments thats unlikely to be the case.
I brought my car in about three weeks before the warranty expired to have them look into a possible oil leak an indy shop mentioned. They gave me a loaner while they diagnosed it, said they did not find a leak but cleaned the engine bay and applied a dye to certain areas, told me to drive it for a week or two and come back the week before it expired to see if the dye indicated any leaks. Brought it back the week it was expiring, gave me a loaner again, diagnosed it and confirmed there was no leak.

Dealership didn't charge me for anything either visit and I didn't even buy my car from them. Guess it's dealer dependent.
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      01-16-2020, 12:40 PM   #304
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Quote:
Originally Posted by doyler View Post
Quote:
Originally Posted by sspade View Post
Yes, if your car enters the service bay and a tech spends time diagnosing the car... you will be charged the hourly labor rate.

If they find a warrantee-able issue, you wont have to worry about it. But based on your comments thats unlikely to be the case.
I brought my car in about three weeks before the warranty expired to have them look into a possible oil leak an indy shop mentioned. They gave me a loaner while they diagnosed it, said they did not find a leak but cleaned the engine bay and applied a dye to certain areas, told me to drive it for a week or two and come back the week before it expired to see if the dye indicated any leaks. Brought it back the week it was expiring, gave me a loaner again, diagnosed it and confirmed there was no leak.

Dealership didn't charge me for anything either visit and I didn't even buy my car from them. Guess it's dealer dependent.
I do agree and believe that the End of Warranty check should be and is free or complimentary.

Its the middle of the road... nothings wrong but I want you to bring it in and check anyway... that will be charged at least an hours labor.

As it should in my opinion. They cant diagnose cars for free or their businesses would not survive.
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      01-16-2020, 12:48 PM   #305
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@ntalekt

You need to take a deep breath before you make a bad decision.

If your mechanic is quoting 10k for a used motor with around 80k on it... you need to run.

Have the car towed to your driveway and reevaluate. Used motors are as cheap as $2500 depending on mileage, year and location.

Install should be well under $2k.

Im telling you that you can put a motor in your car for $5k on the lower end to $6-7k on the higher end (lower miles/newer year).

Pay your current mechanic the few hundred you owe him and tell him you are going to think about what to do next.

Paying him $10k or giving him your car are the two worst choices you could make, trust me!
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      01-16-2020, 01:49 PM   #306
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Quote:
Originally Posted by sspade View Post
@ntalekt

You need to take a deep breath before you make a bad decision.

If your mechanic is quoting 10k for a used motor with around 80k on it... you need to run.

Have the car towed to your driveway and reevaluate. Used motors are as cheap as $2500 depending on mileage, year and location.

Install should be well under $2k.

Im telling you that you can put a motor in your car for $5k on the lower end to $6-7k on the higher end (lower miles/newer year).

Pay your current mechanic the few hundred you owe him and tell him you are going to think about what to do next.

Paying him $10k or giving him your car are the two worst choices you could make, trust me!
I agree that a used engine can be purchased for around $2500-$3500 depending on mileage and year. Then you might also need to factor in $1500 to replace the timing chain plus the labor to install the engine. It's not too far away from $10k. His final quote was actually $8300 and I'm sure he still has some wiggle room in there.

If I can walk away from the car now knowing that I might see a settlement from BMW in the future...why wouldn't I?

And the question still stands about being part of the class action suit.

Thanks.
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      01-16-2020, 02:57 PM   #307
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Sooo, the used engine being installed in my 428 (got hydrolocked) has 87-89 k miles from a 2015 x1 28i. I’m still waiting for a VIN number to determine the built date (I’ll assume it’s prior to 03/2015). The engine will have a 1 year warranty and I still have Maxcare warranty as well. Right before they end I’ll have to have the TC/guides replaced, only this time it’ll be on my dime as I was fortunate to have it done prior to my engine being hydrolocked.

For the member who mentioned about bringing it in and having the same luck I did, try to schedule an oil change and mention to your SA about a whine/rattle. They shouldn’t charge you a diagnostic fee since it’s in for a oil change. Also, check your dealers website for oil change specials ($89 for N20’s near me) and also check if they have complimentary vehicle inspections as well so you won’t have to spend a penny.
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So there is actually more of a chance to get more hp out of a 330 then a 335 in my opinion
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      01-16-2020, 05:45 PM   #308
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Quote:
Originally Posted by F30lolz View Post
For the member who mentioned about bringing it in and having the same luck I did, try to schedule an oil change and mention to your SA about a whine/rattle. They shouldn't charge you a diagnostic fee since it's in for a oil change. Also, check your dealers website for oil change specials ($89 for N20's near me) and also check if they have complimentary vehicle inspections as well so you won't have to spend a penny.
+1
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