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      09-04-2012, 09:36 PM   #45
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Quote:
Originally Posted by cithaeron View Post
I have lodged a complaint to Transport Canada regarding the issue in their Defective Investigations. The link is:

http://www.tc.gc.ca/eng/roadsafety/s...s-index-76.htm

Maybe the government can help so I encourage anyone who has the N54 turbochargers to lodge a complaint as well.
ditto.

As soon as BMW is served with a statement of claim, they will extend the American warranty. Today I was told that BMW Canada is proceeding on a "case by case" basis. It looks like they want to fix as few of these failures as possible, but, at the same time, I don't think they are likely to refuse to fix it. We'll see. If they do refuse, I will post a link to my statement of claim here so that it can be used as a template by everyone else. If you are reading this and you work for BMW Canada or a dealership: do the right thing and fix your defective cars without a fight. Please do take 2 minutes to submit a complaint regarding the latent defect to the Ministry (linked above).
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      09-04-2012, 09:47 PM   #46
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Quote:
Originally Posted by cithaeron View Post
I have lodged a complaint to Transport Canada regarding the issue in their Defective Investigations. The link is:

http://www.tc.gc.ca/eng/roadsafety/s...s-index-76.htm

Maybe the government can help so I encourage anyone who has the N54 turbochargers to lodge a complaint as well.
I did this too....

Anyone who wants to do this copy and paste this it will save time and if they get enough complaints they might do something about it. You are only allowed 500 characters and this comes in around 495.

'There is a problem that is VERY widely known with both the Turbo's and the waste gates on the BMW 335 models. BMW North America has provided an extended 100,000 mile or 8-year warranty for these parts, however BMW of Canada will not honor this recall. They claim the US models of the BMW 335 are made different than the Canadian models which is a complete lie because ALL BMW 335's are made in Germany. This is completely unacceptable, we pay MORE money for the same car as they get in the US.'
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      09-04-2012, 11:00 PM   #47
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just sent a complaint form also,is there a certain amount of time we can send these in?
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      09-05-2012, 12:04 AM   #48
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just sent a complaint form also,is there a certain amount of time we can send these in?
No, but if we're going to commence an action we have to act within the time set by the relevant statute of limitations.

For fun, here's an example statement of claim in a class proceeding against a different company. The story may sound familiar.

http://www.sgmlaw.com/media/PDFs/Cla...(00074393).pdf

I really do intend to force this company to behave itself. They ought to know better than to think Canadian courts will give them a pass. They won't.

BMW Canada,you're going to be called to account. You've put us through tremendous inconvenience with the HPFP bullshit, and now this wastegate crap is too much. You're adding insult to injury with your double standards applied to the Canadian market. We don't like it and we're going to do something about it. You've angered and alienated your customers and that isn't going to work for you. Rest assured, we can be louder than California. Your insulting approach to a known defect has made this personal. And your loss in California will make proving our case much easier. The best way to avoid a public relations disaster is to voluntarily correct your flawed design. You'll be paying one way or another. If, God forbid, a sudden loss of power injures someone - there will be Hell to pay. Be smart about this.
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      09-05-2012, 12:46 AM   #49
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No, but if we're going to commence an action we have to act within the time set by the relevant statute of limitations.

For fun, here's an example statement of claim in a class proceeding against a different company. The story may sound familiar.

http://www.sgmlaw.com/media/PDFs/Cla...(00074393).pdf

I really do intend to force this company to behave itself. They ought to know better than to think Canadian courts will give them a pass. They won't.

BMW Canada,you're going to be called to account. You've put us through tremendous inconvenience with the HPFP bullshit, and now this wastegate crap is too much. You're adding insult to injury with your double standards applied to the Canadian market. We don't like it and we're going to do something about it. You've angered and alienated your customers and that isn't going to work for you. Rest assured, we can be louder than California. Your insulting approach to a known defect has made this personal. And your loss in California has made our case quite a lot easier. The best way to avoid a public relations disaster is to voluntarily correct your flawed design. You'll be paying one way or another anyway.
I am all in for this class action..... I am tired of dealing with this as well.
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      09-05-2012, 01:04 AM   #50
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We are typical Canadians, just take what people say and live with it
Speak for yourself. I'm going to war.
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      09-05-2012, 01:30 AM   #51
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http://www.gilardi.com/HPFPSettlemen...0Agreement.pdf

From the above: "Plaintiffs Tim Nguyen and Chris Clyne allege that BMW of North America, LLC (“BMW NA” or “BMW
NA”) became aware of distinct defects in two separate components of the N54 engine: the high pressure fuel
pump (“HPFP”) and the turbocharger wastegates. With respect to the HPFP, Plaintiffs allege that it contains
certain defects causing it to fail prematurely. With respect to the turbocharger wastegates, Plaintiffs allege that
they contain certain defects resulting in noisy operation and/or “turbo lag.” In their complaint, Plaintiffs
Case3:10-cv-02257-SI Document58-4 Filed10/06/11 Page28 of 50
2
contend that BMW NA had a duty to disclose this information to consumers. Based on this conduct, Plaintiffs
allege claims for Breach of Express Warranty, violation of California’s Consumer Legal Remedies Act,
violation of California’s Unfair Competition Law, breach of the Implied Covenant of good Faith and Fair
dealing, and violation of the Federal Magnuson-Moss Act."



More on the American Class Action:

[NGUYEN v BMW], links in no particular order:


[1] Summary / Settlement Agreement in Nguyen http://www.gilardi.com/HPFPSettlemen...0Agreement.pdf

[2] http://docs.justia.com/cases/federal...pdf?1320828788


[3] http://www.gilardi.com/HPFPSettlement/pdf/Notice.pdf

[4] Case Documents: http://www.gilardi.com/HPFPSettlement/CaseDocs.html

[5] re: the suit http://www.topclassactions.com/lawsu...action-lawsuit

[6] Case Archive http://archive.recapthelaw.org/cand/227942/

[7] FAQ http://www.gilardi.com/HPFPSettlement/FAQ.html#1

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      09-05-2012, 09:17 AM   #52
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Speak for yourself. I'm going to war.
Going to war? Best of luck with that attitude. Have you even had a problem?
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      09-05-2012, 02:46 PM   #53
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Going to war? Best of luck with that attitude. Have you even had a problem?
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Originally Posted by VeritasTruthEmet View Post
wastegates failed at 110,000km; engine reduced power error 2 days ago, about to raise Hell. Will keep you all posted.
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      09-06-2012, 10:02 AM   #54
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Several firms seem willing to take this on as a class action, but it will take 2-3 weeks for me to decide who to retain. I will continue to keep you guys posted. I also encourage anyone else who is interested in forcing BMW Canada to own this problem to consult a firm that specializes in class actions as well. The more pressure on BMW, the better. Moreover, the only reason BMW Canada ever thought it could give Canadians the shaft is because we tend not to sue. Change that. Pick up the phone, call a lawyer. Explain the situation and cite the American settlement. We have the same cars, the same failures, if only we had the same backbone. Do something about it or you will have earned your next lemon by doing nothing about this one.
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      09-07-2012, 04:59 AM   #55
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Im in to ! keep us in touch!
thank
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      09-07-2012, 01:05 PM   #56
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Please take 5 minutes to report any BMW wastegate turbo failures to Transport Canada.

The number is: 1-800-333-0510
-There is no wait time
-The person who answers will be an investigator
-This is a direct line for Road Safety issues caused by defective parts
-Mention that this is a degenerative engine defect that causes the car to suddenly lose power and enter limp-mode
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      09-07-2012, 01:39 PM   #57
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done!
I filled up the complainte page on there website... what ils next ?
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      09-07-2012, 04:56 PM   #58
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Quote:
Originally Posted by shaginwagon13 View Post
They claim the US models of the BMW 335 are made different than the Canadian models which is a complete lie because ALL BMW 335's are made in Germany.
It shocks me to hear this but am I surprised.. no?
There should actually be a lawsuit against BMW Canada for spreading lies like that and causing people to pay out of pocket for defects that should be under warranty.

EDIT: I see the efforts above, good luck fellas
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      09-07-2012, 05:03 PM   #59
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Originally Posted by bulldog x6 View Post
It shocks me to hear this but am I surprised.. no?
There should actually be a lawsuit against BMW Canada for spreading lies like that and causing people to pay out of pocket for defects that should be under warranty.

EDIT: I see the efforts above, good luck fellas
Ya it was making me upset just talking to BMW Canada because of what they were saying. Gimme a break, you can tell from the VIN number where a car is manufactured. I guess they assume everyone is just dumb and will believe what they tell us.
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      09-07-2012, 06:54 PM   #60
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Quote:
Originally Posted by VeritasTruthEmet View Post
Please take 5 minutes to report any BMW wastegate turbo failures to Transport Canada.

The number is: 1-800-333-0510
-There is no wait time
-The person who answers will be an investigator
-This is a direct line for Road Safety issues caused by defective parts
-Mention that this is a degenerative engine defect that causes the car to suddenly lose power and enter limp-mode
Called and left a msg to have someone call me back. Noted that BMW has a known issue for which they are avoiding and expect a return call for someone to help me as I believe it to be not only a safety issue but an emissions issue as well.

I've also called Parkview on Leslie and will need to discuss with SA Manager regarding this issue. They will charge me $139 diag. fee and will let me know what they can do after that. We'll see if they will even take my car because of the mods. FBO minus DP's, but has nothing to do with wastegates and \i've had this issues for ages anyways
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      09-07-2012, 09:14 PM   #61
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I've also called Parkview on Leslie and will need to discuss with SA Manager regarding this issue. They will charge me $139 diag. fee and will let me know what they can do after that. We'll see if they will even take my car because of the mods. FBO minus DP's, but has nothing to do with wastegates and \i've had this issues for ages anyways
Don't waste your time with the diagnosis for $139 thats the way they start to get you. The KNOW there is a problem and the KNOW they aren't going to replace or cover it as it stands right now. Save your money and lets work on getting BMW Canada to have no choice but to replace their lemon problems.
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      09-07-2012, 09:27 PM   #62
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This change in the warranty results from a law suit. If you weren't party to the suit, it doesn't apply to you.

It's not that BMW are being jerks to Canadians, it's that BMW wouldn't had done this in the first place but for the law suit.

Enter a claim in Canada's courts and I suspect you'll get the same result.

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      09-07-2012, 09:59 PM   #63
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Enter a claim in Canada's courts and I suspect you'll get the same result.

GL
The reason why people haven't done this yet it because this process costs significantly more than actually replacing the turbo's. At least in a class action, the lawyers will be paid from the settlement assuming you win the case.
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      09-07-2012, 10:51 PM   #64
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Don't waste your time with the diagnosis for $139 thats the way they start to get you. The KNOW there is a problem and the KNOW they aren't going to replace or cover it as it stands right now. Save your money and lets work on getting BMW Canada to have no choice but to replace their lemon problems.
I will have to respectfully disagree: get diagnosed ASAP. Every diagnosis of this issue is reported to BMW Canada and is an important aspect of their risk analysis. Diagnosis also crystallizes the mileage and will help you establish class membership when we force them to settle.

Make sure you get diagnosed by an honest dealership with an excellent service department. I can vouch for the following dealerships in that regard:
1. Otto's BMW
2. Maranello BMW

If Parkview is asking for over a hundred dollars to confirm that BMW builds defective cars at this late stage, go elsewhere. Otto's is widely regarded as having the best service department in the country...
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      09-08-2012, 12:07 AM   #65
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I will have to respectfully disagree: get diagnosed ASAP. Every diagnosis of this issue is reported to BMW Canada and is an important aspect of their risk analysis. Diagnosis also crystallizes the mileage and will help you establish class membership when we force them to settle.
I understand your point, but this is not an issue that BMW Canada doesn't already know about. They are well aware of the issues regarding the turbos, simply going in for a diagnostic so they can tell you they will not replace it will not, in my opinion help our cause. Just my .02 cents.
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      09-08-2012, 04:01 PM   #66
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Will replacing the turbos fix the wastegate problem or will this problem just recur again and again? What I'm trying to understand is whether the N54s can be repaired at all. If this engine is going to destroy itself every 2 years, then it's probably time to get another car. If anyone can give me some insight, it would be greatly appreciated.
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