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      12-10-2015, 12:09 PM   #1
PAX5
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UPDATE- N63 Class Action Lawsuit

Here's an update:

UPDATE:

"We are currently consolidating our case with another case that was filed in the U.S. District of New Jersey regarding the N63 engine. This is common in class actions against major corporations involving expensive products. It appears that proceeding with the case in New Jersey has a number of legal advantages (namely, the 3rd Circuit Court of Appeals is more favorable towards class actions). This process should take a couple weeks, and requires making a number of decisions about the case going forward. Among these are what factual allegations to include, what theories of liability to pursue, what causes of action to pursue, the specific parameters of the class definition, and dozens of smaller choices.

I suspect I will be able to give you a full, substantive update about the case going forward, including final answers to all these questions sometime in the next couple weeks.

Additional questions being posed to owners:

1. Have you ever had problems with burning oil or your battery having to be replaced?

2. How long after you purchased the vehicle did it first need repairs?"

David P. Barclay
Wagstaff & Cartmell LLP
4740 Grand Avenue, Suite 300
Kansas City, MO 64112
Direct: (816) 701-1170
Fax: (816) 531-2372
www.wagstaffcartmell.com
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      12-10-2015, 01:48 PM   #2
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Yes and Yes, I had to have the engine fully replaced under warranty as a result.
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      12-10-2015, 04:00 PM   #3
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My N63 has been running perfect since day 1
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      12-15-2015, 10:23 AM   #4
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      12-19-2015, 01:41 PM   #5
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Yes

I bought my x5 50i at 40k miles and it ha been in the shop many times in the last 15k miles. It finally seems like it is running better the last 5k miles, but it still burns a quea
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      03-03-2016, 12:31 PM   #6
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2008 X6 5.0, burned oil since purchased dealer told me it was operating as designed. Have put in 3 or 4 new batteries, basically 1 every two years.

In 2013 had all fuel injectors and spark plugs replaced, just outside of warranty. Cost me $5000-$6000. In shop right now they are telling me bank one needs new injectors and plugs again after only 2.5 years and 17k miles since last replaced. Another $4000. Now I see N63. Can I get my money back for paid repairs? What are my rights
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      03-05-2016, 05:10 AM   #7
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      03-05-2016, 03:42 PM   #8
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Quote:
Originally Posted by mikexx View Post
2008 X6 5.0, burned oil since purchased dealer told me it was operating as designed. Have put in 3 or 4 new batteries, basically 1 every two years.

In 2013 had all fuel injectors and spark plugs replaced, just outside of warranty. Cost me $5000-$6000. In shop right now they are telling me bank one needs new injectors and plugs again after only 2.5 years and 17k miles since last replaced. Another $4000. Now I see N63. Can I get my money back for paid repairs? What are my rights
Yes.

First: get your money back, direct from BMWNA.

Get a copy of the N63 letter from BMWNA with your VIN on it (your car IS registered with them, right?).

Ask for the reimbursement form.

Fill out, include receipts and submit.

Then ... replace defective parts for free:

Ask your dealer to cooperate: every BMW OE part installed by a franchised BMW dealer, carries a 2 year, unlimited mile warranty for replacement and labor.
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      03-05-2016, 08:42 PM   #9
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Quote:
Originally Posted by PAX5 View Post
Yes.

First: get your money back, direct from BMWNA.

Get a copy of the N63 letter from BMWNA with your VIN on it (your car IS registered with them, right?).

Ask for the reimbursement form.

Fill out, include receipts and submit.

Then ... replace defective parts for free:

Ask your dealer to cooperate: every BMW OE part installed by a franchised BMW dealer, carries a 2 year, unlimited mile warranty for replacement and labor.
N63 wasn't built in 2008. He must be referring to the N62.
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