Updated: M140i - Gearbox whine/leaks and a roof rattle - Ombudsman rule in my favour!

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enthusiastowned
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Re: Official BMW Update: M140i - Whine Video - It's normal :(

Post by enthusiastowned » Thu Nov 16, 2017 2:13 pm

fufty1 wrote:
Thu Nov 16, 2017 1:44 pm
I really don't get why no government body has stepped in to sort this out.

How can you possibly be expected to buy a £30k car that is broken from the start, and keep paying for it while the thing has been off the road basically for a long time?

I know you don't want to go down this route, but if it was me I would be dumping it at their door, stopping payments and waiting for a court date to sort it all out.
It's currently with the Financial Ombudsman Service. The idea being they are an independent adjudicator and have certain powers as an official body, they take facts and the story from both sides of the complaint, then make an impartial decision on what actually happened and decide the best outcome.

You start with an adjudicator decision - Which is effectively and overworked call centre representative as far as I can tell. If his decision is not accepted by either party (myself or BMW) an appeal can be made where a proper Ombudsman makes a final decision which, if accepted by myself is legally binding on BMW. However, BMW can still be assholes and refuse to comply which will take a court order to get the result. That's my understanding anyway.

I made an official complaint to BMW Financial Services because my gearbox whined and BMW / Sytner failed to act or provide any evidence it was normal. I also complained about a multitude of rattles, specifically a boot clunk which I believe is panel gap or weld related, but never confirmed. I argued the car was of unsatisfactory quality and I asked for a repair, replacement or refund. It took 8 weeks for a firm and final response from BMW which effectively said BMW say the noise is normal so tough, and completely failed to acknowledge the rattles/clunk. They said if you don't like it, complain to the ombudsman. So I did.

But I'm miffed as The Ombudsman have offered BMW opportunity after opportunity. The FoS should have have seen the lack of any evidence as the BMW story of events and realised BMW have been unhelpful, then made a decision on that basis. I.e. BMW treat me like sh*t, waste my time and fail to answer my complaint at all, it was clear something wasn't right and BMW failed to help. But instead the FoS gave BMW months to get the report which I had already been asking for, for 3 months prior! By this time the vehicle leaked complicating matters. Now The FoS have sent the independent report for BMW comment. That's f*cked me off again as I explicitly said not to. That was my ammo and evidence should this go to court. BMW's had thier official statement, now it's my turn. What if BMW rebut the report, will I need a 2nd independent opinion? Where does this end?

Rant over.
Ex-owner of Melbourne Red M140i - YP66LFX / YP66 LFX

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Re: Official BMW Update: M140i - Whine Video - It's normal :(

Post by Yegap » Thu Nov 16, 2017 3:35 pm

What a sh*t show. Honestly bloke, I feel deeply sorry for you and the way you are being treated for what could have been sorted moons ago.
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Re: Official BMW Update: M140i - Whine Video - It's normal :(

Post by Tim_C » Thu Nov 16, 2017 6:23 pm

enthusiastowned wrote:
Thu Nov 16, 2017 10:55 am
On another note, can anyone recommend any car publications I can take this to? Whacar etc?
A chap with a 2.0 TFSI Audi that burned a litre of oil every 400 miles had the car professionally sign written with a two or three line synopsis of the problem, and then parked it (in an unrestricted parking area) adjacent to his Audi main dealer.

This effort made at least a couple of the national newspapers.

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Re: Official BMW Update: M140i - Whine Video - It's normal :(

Post by Compactpete » Thu Nov 16, 2017 7:28 pm

A lot of people, including me, said bombard the press and social media many months ago.

If BMW were going to do the right thing they would have done it ages ago.
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Re: Official BMW Update: M140i - Whine Video - It's normal :(

Post by Redwoody839 » Thu Nov 16, 2017 9:38 pm

Tim_C wrote:
Thu Nov 16, 2017 6:23 pm
enthusiastowned wrote:
Thu Nov 16, 2017 10:55 am
On another note, can anyone recommend any car publications I can take this to? Whacar etc?
A chap with a 2.0 TFSI Audi that burned a litre of oil every 400 miles had the car professionally sign written with a two or three line synopsis of the problem, and then parked it (in an unrestricted parking area) adjacent to his Audi main dealer.

This effort made at least a couple of the national newspapers.
A mate of mine did this with a Nissan Pick Up, he put massive stickers on the side that said it burned a litre every 500 miles on the side and parked it right across the street. Nissan stepped in within a week and got him a new car (wasn't in the UK tho)
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Re: Official BMW Update: M140i - Whine Video - It's normal :(

Post by Mooeeey » Thu Nov 16, 2017 9:49 pm

Maybe one of the youtubers on here can help you out with a video?

I like the sticker idea and park it outside of the dealer.
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Re: Official BMW Update: M140i - Whine Video - It's normal :(

Post by clarkeysntfc » Fri Nov 17, 2017 2:27 pm

Can you not just sell the car?
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Re: Official BMW Update: M140i - Whine Video - It's normal :(

Post by Bmw_ire_2012 » Fri Nov 17, 2017 2:59 pm

clarkeysntfc wrote:
Fri Nov 17, 2017 2:27 pm
Can you not just sell the car?
Really...... would you like to buy a car with all the faults and hassle OP has had with it. It's the manufactures fault, they should be fixing it or refunding OP.
M240i Loaded With Options & M Performance Parts. Jb4 / Led M Performance Wheel / Bcs Full System - Sports Cat / BMW M Performance 624 Wheels :evil:

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Re: Official BMW Update: M140i - Whine Video - It's normal :(

Post by Compactpete » Fri Nov 17, 2017 3:02 pm

I would be selling to WBAC then suing BMW for the loss.
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Re: Official BMW Update: M140i - Whine Video - It's normal :(

Post by Shadak » Mon Nov 20, 2017 11:37 pm

So.. after tonight's trip and now that the car has been run in, I have noticed the same whine at higher revs. It sounds pretty terrible and my missus thought the car broke down! I will make a video and drop mine at the dealer's tomorrow because this just isnt fun... to be honest after all the stuff Im reading around the forums and the issues with the latest 1ers, im inclined to return my car back to the so called premium manufacturer.
/// ...... M140i xDrive 2017 ...... \\\

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Re: Official BMW Update: M140i - Whine Video - It's normal :(

Post by markm240i » Mon Nov 20, 2017 11:47 pm

Compactpete wrote:
Fri Nov 17, 2017 3:02 pm
I would be selling to WBAC then suing BMW for the loss.
If the OP sells to WBAC forget about any Court action as it's a case of effectively giving in. As for suing after selling, that's chucking good money after bad and pointless.
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Re: Official BMW Update: M140i - Whine Video - It's normal :(

Post by Compactpete » Tue Nov 21, 2017 10:40 am

markm240i wrote:
Mon Nov 20, 2017 11:47 pm
Compactpete wrote:
Fri Nov 17, 2017 3:02 pm
I would be selling to WBAC then suing BMW for the loss.
If the OP sells to WBAC forget about any Court action as it's a case of effectively giving in. As for suing after selling, that's chucking good money after bad and pointless.
Fair point. Personally I would value my sanity and health more than any financial loss.

Sounds like the OP is taking it very hard, perhaps now is the time to call it a day, even if it means losing money.
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Re: Official BMW Update: M140i - Whine Video - It's normal :(

Post by Shadak » Tue Nov 21, 2017 10:48 am

I sort of agree, it doesnt feel good losing money (or time) but some times its for the best ... Im getting my car looked at today by my dealer (chap who sold me the car), he drove a fair bit of sporty BMWs and he says he will tell me what BMW would try to pull off / say , etc. and what could be considered "normal". Im not sure Id want to fight BMW over this in the court, if it starts bothering me so much, I will sell the car for a bit of loss and just never get a BMW again, putting the stress behind me.
/// ...... M140i xDrive 2017 ...... \\\

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Re: Official BMW Update: M140i - Whine Video - It's normal :(

Post by Shadak » Tue Nov 21, 2017 2:31 pm

I just got back from the dealer who drove my car around for a bit, I wanted him to confirm its normal my car is so stiff even in comfort but also showed him the gearbox whine. He said it is indeed normal for this engine and gearbox (i have no reason not to trust this guy), said doing this kind of thing does put a lot of stress on the mechanical parts like flywheel and the turbo and the high revs arent meant to be held or let go from this high.
/// ...... M140i xDrive 2017 ...... \\\

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Re: Official BMW Update: M140i - Whine Video - It's normal :(

Post by Shadak » Mon Dec 04, 2017 4:15 pm

My gearbox noise got a bit worse. Its hard to capture with my phone for some reason but this video does similar noise. Is this the whine OP is experiencing? I find it quite annoying to be honest as I can hear it at low revs almost all the time now.

(pretty audible after 4:35)
https://youtu.be/LujyZoJovtw?t=4m35s
/// ...... M140i xDrive 2017 ...... \\\

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