I want to take BMW of Peabody to small claims court

Sea-Tac · 05-23-2018, 07:23 PM

Before you even think about the possibility of a court action see if you can resolve it by sitting down with the GM and the service manager. If they refuse to do so contact BMW customer care in NJ.

And could you post the arbitration clause you are concerned about. I’d like to read it. There are always avenues to explore that may lead to correction of the problem.

BILLY MEIER · 05-24-2018, 06:35 PM

Quote:

Originally Posted by Sea-Tac

Before you even think about the possibility of a court action see if you can resolve it by sitting down with the GM and the service manager. If they refuse to do so contact BMW customer care in NJ.

And could you post the arbitration clause you are concerned about. I’d like to read it. There are always avenues to explore that may lead to correction of the problem.

I don't have a copy of what I signed,im hard core into the billy meier story and I know how shady /humans are , imagine if they were honest what would they tell me? "If we do a shitty job and don't fix things the proper way "please sign here this is to protect us from law suits" the guy tells me to sign this form and I don't even read the agreement, MY FAULT, anyways I emailed the dealer im also going to call bmw n America, they actually sent me a survey today, I dotted zero across the questiions

SixBanger · 05-24-2018, 07:00 PM

Quote:

Originally Posted by UglyBuzzard

Life is too short. They have legal docs and you have a choice. I would move on and never set foot in there. Karma has a way of working out.

With that, call BMW NA and let them investigate.

BMW NA, they are a bunch of worthless individuals that just type shit and nothing gets done. Don't bother wasting your time with those clowns.

a048779 · 05-24-2018, 07:27 PM

Bmw has a recall with the wiring with the blower motor. Call BMW NA and request a refund for what you already paid. Also, register with BMW so they can send you notices (3 recalls so far).
Call dealership to get put on a list if they don’t have the parts and ask for a rental car until parts come in.

bbbbmw · 05-24-2018, 09:04 PM

I still have my license plate frame:

---------------------------------------------------
O "BMW of Peabody" O
---------------------------------------------------

------------------------------------------------
O Where Spirited Driving Begins" O
------------------------------------------------

Sounds like it's "where hot and frustrated driving ends"

(Note: the "O" are the screw holes on the frame. Yes, I'm quite accomplished at web art.)

DETRoadster · 05-25-2018, 08:52 AM

I used to work for Freightliner Trucks in Portland. We had a dude who was pissed off about the crappy HVAC in his Class 8 C120. It was a bright (I mean BRIGHT) purple truck. He got a bunch of huge vinyl lemons with sour faces on them printed up and stuck them all over his truck. He'd park in front of our corporate HQ every day for like a year. I heard we finally came to some sort of settlement with him and off he went. Took a year but finally worked. If you've got nothing going on for the next 12 months it might be worth the effort. Otherwise, cut your losses and move on. The dealership has the money and the legal power to win every time. Your best bet is what others have said: Stay cool and try to work it out with the dealer GM.

overcoil · 05-25-2018, 08:54 AM

Quote:

Originally Posted by DETRoadster

I used to work for Freightliner Trucks in Portland. We had a dude who was pissed off about the crappy HVAC in his Class 8 C120. It was a bright (I mean BRIGHT) purple truck. He got a bunch of huge vinyl lemons with sour faces on them printed up and stuck them all over his truck. He'd park in front of our corporate HQ every day for like a year. I heard we finally came to some sort of settlement with him and off he went. Took a year but finally worked. If you've got nothing going on for the next 12 months it might be worth the effort.

Great post.

BILLY MEIER · 05-25-2018, 10:58 AM

Just wanted to update on whats going on, talked to the general manager , told him what happened , he got pissed that i accused them of breaking my whole climate control. he was like yea we took a hammer to it and broke it? well he offered me $300 dollars back and I accepted, he offered $700 dollars back if they would put my broken motor back in, not sure if he was being sarcastic or not, but overall im not happy, still have no AC and lost $400 dollars, any locals want to point me to a good honest shop id appreciate it, No turner motorsposrt or shneller, got lied to by both of them

oolas3 · 05-26-2018, 02:21 PM

Talk to James at North Shore Motor Werks in Peabody.

JohnnyCanuck · 05-26-2018, 02:31 PM

Arbitration is not a bad thing at all. Yes, it means you can't see, but it also means you can file for arbitration to have the dispute resolved. Arbitration is just like a court hearing: you on one side, them on the other, the arbitrator at the end of the table making rulings, and a witness table/chair complete with bible for swearing evidence.

The only catch is cost: virtually all arbitrations are shared cost (50/50) with no costs awarded at the end of the proceeding. Can't see that costing you less than $1500 to $2000 by the time writing's included. Probably not worth going through with it, but you can always apply for it to see if that prompts them into offering you something (they're on for the same costs plus $400/hr minimum for a lawyer).

overcoil · 05-26-2018, 03:55 PM

Quote:

Originally Posted by JohnnyCanuck

Arbitration is not a bad thing at all. Yes, it means you can't see, but it also means you can file for arbitration to have the dispute resolved. Arbitration is just like a court hearing: you on one side, them on the other, the arbitrator at the end of the table making rulings, and a witness table/chair complete with bible for swearing evidence.

The only catch is cost: virtually all arbitrations are shared cost (50/50) with no costs awarded at the end of the proceeding. Can't see that costing you less than $1500 to $2000 by the time writing's included. Probably not worth going through with it, but you can always apply for it to see if that prompts them into offering you something (they're on for the same costs plus $400/hr minimum for a lawyer).

https://mobile.nytimes.com/2015/11/0...stem.html?_r=0

JohnnyCanuck · 05-26-2018, 04:36 PM

I think a lot depends on the specific wording of the arbitration clause. Arbitration is more accessible and less formal than court. And, I wasn't actually advocating he go through with it ... simply applying for arbitration to see if he can get them to take him seriously. He can always withdraw the application before proceeding and spending any real $$$ (depending on the wording).

As for counsel and the arbitrator having a friendly chat ... having done dozens of labour arbs without counsel (and I'm not a lawyer) I could care less. I have had those chats as well.

F32Fleet · 05-27-2018, 07:50 AM

No1: BMWNA can't help you because the dealer did not repair the system so you have no warranty on parts/labor.

No 2: The dealer is guessing on the size of the leak. This is why you check the A/C before you leave the dealer. Especially with a half@ss repair such as this.

No 3: It's probable that the leak caused your coil to freeze up which is why you weren't feeling cool air.

BILLY MEIER · 05-29-2018, 04:27 PM

Quote:

Originally Posted by oolas3

Talk to James at North Shore Motor Werks in Peabody.

Thanks they look good plus have good reviews, But I don't believe on internet reviews, anyone can create a username and hype up or talk shit about anyone , But ill give them a shot, like I said they are sending me $300 dollars back.Plus my clev cavs --golden state series parlay bet won, so I have some money , really would like to get new oem wheels and tires , all my wheels have curb rash , thanks to all the replys

Habs11 · 05-30-2018, 11:34 AM

Quote:

Originally Posted by BILLY MEIER

Just wanted to update on whats going on, talked to the general manager , told him what happened , he got pissed that i accused them of breaking my whole climate control. he was like yea we took a hammer to it and broke it? well he offered me $300 dollars back and I accepted, he offered $700 dollars back if they would put my broken motor back in, not sure if he was being sarcastic or not, but overall im not happy, still have no AC and lost $400 dollars, any locals want to point me to a good honest shop id appreciate it, No turner motorsposrt or shneller, got lied to by both of them

IMO the $300 is a "win" for you even if it does not feel like it.

I would have been tempted to go the $700 and have them put the old stuff back in..... years ago I leased an Acura and had it towed in year 2 - ended up being spark plugs and the dealer wanted $100 for diagnostics and plugs. I told them I wouldn't pay them a cent for something that shouldn't happen on a high end care less than 2 years old. So while on the phone the guys says well I can put your old plugs back in - i called his bluff... that night at like 10:00 i went to the dealership with keys, plugs and tool in hand... the car started right up and I drove away w/o putting in new plugs. At home I looked and they did in fact put in new plugs - but it wasn't worth their time to swap them out - moral of the story.... there is none I just thought i was the sh!t. I was nervous at lease turn in time but nothing ever came of it.

P1 · 05-30-2018, 09:16 PM

Quote:

Originally Posted by SakhirM4

That really depends on the dealer. I have been taking out-of-warranty BMWs to the dealer for many years with no problems at all.

You been to the new one yet?

SakhirM4 · 05-30-2018, 09:19 PM

Quote:

Originally Posted by P1et

You been to the new one yet?

No. Have you? It is much closer to my house.

P1 · 05-30-2018, 11:12 PM

Quote:

Originally Posted by SakhirM4

No. Have you? It is much closer to my house.

Haven’t, but might pop by Friday to peruse...

Mingwan · 05-31-2018, 02:38 AM

Incompetent mechanics at a stealership. Shocking.

Good luck man.

MightyMouseTech · 06-11-2018, 01:06 PM

Quote:

Originally Posted by Mingwan

Incompetent mechanics at a stealership. Shocking.

Good luck man.

What exactly did the tech do wrong?

Standard practice with an empty system is to evacuate the system, add dye and recharge. Then you have a look for leaks. If you can't see a leak right away, you send customer on the way. He paid the going rate for this. If it all leaks out again, you can do more diag to find the leak.

When doing this, the tech should never be anywhere near the blower motor, so not sure how anyone could think the tech damaged it.

Torgus · 06-11-2018, 01:36 PM

Quote:

Originally Posted by BILLY MEIER

http://www.bmwpeabody.com/

Its the bmw dealer that's right next to mini cooper, Actually sold my minicooper clubman s to them, As far as turner motorsports They are horrible, bunch of scammers they lie and cheat , I know you or anyone on here will never believe me , I had a low mileahe 99 bmw m3 , I want to make a thread about turner but never did because who the hell would believe me?

also schneller bmw is a phony con artist , ill take both experiances to my grave , no one is honest now a days

http://schnellerbmw.com/

I want to hear your story!

TheWatchGuy · 06-11-2018, 02:20 PM

Dealership probably didnt break the blower motor. the e90 blower motors suck. Mine went out about 2 years ago on an 09 335 with ~50k miles. luckily its a $70 part and takes about 15 minutes to swap out. Id be more pissed about them charging $300 for that.

as for the AC, just get those AC in a can deals and recharge it when it gets low. mine has been having issues with the AC (also have a small leak somewhere in the system) and i just buy a bunch of cans and recharge when it starts to suck.

These are old cars and its just what you gotta deal with when they get to be 8/9/10 years old

05-23-2018, 07:23 PM	#23
Sea-Tac Major 1453 Rep 1,487 Posts Drives: 2108 X3 xDrive30i Join Date: Apr 2018 Location: Bellevue, Wa iTrader: (0) Garage List 2018 X3 xDrive30i [0.00] 2016 328i xDrive [0.00]	Before you even think about the possibility of a court action see if you can resolve it by sitting down with the GM and the service manager. If they refuse to do so contact BMW customer care in NJ. And could you post the arbitration clause you are concerned about. I’d like to read it. There are always avenues to explore that may lead to correction of the problem.
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05-24-2018, 07:27 PM	#26
a048779 Registered 2 Rep 3 Posts Drives: 2007 328 xi Join Date: Apr 2013 Location: Orange County CA iTrader: (0)	Bmw has a recall with the wiring with the blower motor. Call BMW NA and request a refund for what you already paid. Also, register with BMW so they can send you notices (3 recalls so far). Call dealership to get put on a list if they don’t have the parts and ask for a rental car until parts come in.
	Appreciate 1 Quote

05-24-2018, 09:04 PM	#27
bbbbmw Major General 2394 Rep 6,083 Posts Drives: 135i Join Date: Nov 2012 Location: Southwest iTrader: (0)	I still have my license plate frame: --------------------------------------------------- O "BMW of Peabody" O --------------------------------------------------- ------------------------------------------------ O Where Spirited Driving Begins" O ------------------------------------------------ Sounds like it's "where hot and frustrated driving ends" (Note: the "O" are the screw holes on the frame. Yes, I'm quite accomplished at web art.) __________________ <OO (llll)(llll) OO> Last edited by bbbbmw; 05-25-2018 at 01:39 PM..
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05-25-2018, 08:52 AM	#28
DETRoadster Space Force - 4 Star General 11456 Rep 3,264 Posts Drives: M2 MG 6MT / Moto Guzzi V7 Join Date: Jul 2016 Location: Seattle iTrader: (1)	I used to work for Freightliner Trucks in Portland. We had a dude who was pissed off about the crappy HVAC in his Class 8 C120. It was a bright (I mean BRIGHT) purple truck. He got a bunch of huge vinyl lemons with sour faces on them printed up and stuck them all over his truck. He'd park in front of our corporate HQ every day for like a year. I heard we finally came to some sort of settlement with him and off he went. Took a year but finally worked. If you've got nothing going on for the next 12 months it might be worth the effort. Otherwise, cut your losses and move on. The dealership has the money and the legal power to win every time. Your best bet is what others have said: Stay cool and try to work it out with the dealer GM.
	Appreciate 1 eluded3005.00 Quote

05-25-2018, 10:58 AM	#30
BILLY MEIER New Member 13 Rep 6 Posts Drives: 1995 gti vr6 Join Date: Oct 2013 Location: Haverhill ma iTrader: (0)	Just wanted to update on whats going on, talked to the general manager , told him what happened , he got pissed that i accused them of breaking my whole climate control. he was like yea we took a hammer to it and broke it? well he offered me $300 dollars back and I accepted, he offered $700 dollars back if they would put my broken motor back in, not sure if he was being sarcastic or not, but overall im not happy, still have no AC and lost $400 dollars, any locals want to point me to a good honest shop id appreciate it, No turner motorsposrt or shneller, got lied to by both of them
	Appreciate 0 Quote

05-26-2018, 02:21 PM	#31
oolas3 Captain 388 Rep 876 Posts Drives: BMW Join Date: May 2015 Location: United States iTrader: (0)	Talk to James at North Shore Motor Werks in Peabody.
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05-26-2018, 02:31 PM	#32
JohnnyCanuck Major 1254 Rep 1,352 Posts Drives: 2018 Audi RS3 Join Date: Oct 2009 Location: Vancouver iTrader: (1)	Arbitration is not a bad thing at all. Yes, it means you can't see, but it also means you can file for arbitration to have the dispute resolved. Arbitration is just like a court hearing: you on one side, them on the other, the arbitrator at the end of the table making rulings, and a witness table/chair complete with bible for swearing evidence. The only catch is cost: virtually all arbitrations are shared cost (50/50) with no costs awarded at the end of the proceeding. Can't see that costing you less than $1500 to $2000 by the time writing's included. Probably not worth going through with it, but you can always apply for it to see if that prompts them into offering you something (they're on for the same costs plus $400/hr minimum for a lawyer).
	Appreciate 1 infinitekidM2C4205.50 Quote

05-26-2018, 04:36 PM	#34
JohnnyCanuck Major 1254 Rep 1,352 Posts Drives: 2018 Audi RS3 Join Date: Oct 2009 Location: Vancouver iTrader: (1)	I think a lot depends on the specific wording of the arbitration clause. Arbitration is more accessible and less formal than court. And, I wasn't actually advocating he go through with it ... simply applying for arbitration to see if he can get them to take him seriously. He can always withdraw the application before proceeding and spending any real $$$ (depending on the wording). As for counsel and the arbitrator having a friendly chat ... having done dozens of labour arbs without counsel (and I'm not a lawyer) I could care less. I have had those chats as well.
	Appreciate 1 infinitekidM2C4205.50 Quote

05-27-2018, 07:50 AM	#35
F32Fleet Lieutenant General 3566 Rep 10,346 Posts Drives: 2015 435i Join Date: May 2005 Location: Southeastern US iTrader: (0)	No1: BMWNA can't help you because the dealer did not repair the system so you have no warranty on parts/labor. No 2: The dealer is guessing on the size of the leak. This is why you check the A/C before you leave the dealer. Especially with a half@ss repair such as this. No 3: It's probable that the leak caused your coil to freeze up which is why you weren't feeling cool air. __________________ "Drive more, worry less. " 435i, MPPK, MPE, M-Sport Line
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05-31-2018, 02:38 AM	#41
Mingwan Major 1893 Rep 1,338 Posts Drives: X1 Individual custom paint Join Date: Jan 2015 Location: Kansas iTrader: (0)	Incompetent mechanics at a stealership. Shocking. Good luck man.
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06-11-2018, 02:20 PM	#44
TheWatchGuy Colonel 3905 Rep 2,524 Posts Drives: 335xi Join Date: Mar 2018 Location: CO iTrader: (0)	Dealership probably didnt break the blower motor. the e90 blower motors suck. Mine went out about 2 years ago on an 09 335 with ~50k miles. luckily its a $70 part and takes about 15 minutes to swap out. Id be more pissed about them charging $300 for that. as for the AC, just get those AC in a can deals and recharge it when it gets low. mine has been having issues with the AC (also have a small leak somewhere in the system) and i just buy a bunch of cans and recharge when it starts to suck. These are old cars and its just what you gotta deal with when they get to be 8/9/10 years old
	Appreciate 0 Quote