BMW: Robert Levy Replies

Here is what my awesome lawyer wrote to BMW yesterday in response to their pat form letter.  He has paraphrased exactly how I feel about it in legal terminology.  I think this might be my favorite letter of all time.
__________________________________

From: ROBERT LEVY

Sent: Wednesday, November 03, 2010 6:26 PM
To: Avery.Dawson@bmwnacr.com
Subject: Re: Joshua Logan, 2009 BMW Z4, E160844

Mr. Dawson: Thank you for your prompt response however, time is of the essence and my client continues to incur expenses for a substitute vehicle and legal costs, just to mention two of the expenses.  Your company has had this file for many months without a resolution.  I am not clear what further is required for you to be able to realize that my client has not had his car for months and this is simply not acceptable.  The failure of BMW to take action and compensate my client for the full cost of his car plus the expenses is tantamount to an intentional act due to the apparent lack of concern or simple gross negligence on your part.  I do not think it is appropriate at this late juncture to be providing empty phrases intended to mollify my client.  That time has passed and I must ask for a prompt resolution in my client's favor.  I believe that formal proceedings under California law would provide all the above damages and more considering the egregious facts of this case.

I look forward to hearing from you soon.

ROBERT S. LEVY,ESQ

BMW: Three Weeks Overdue

The $3.00 plastic connector that has been holding my car up since August 31 is still MIA.  The part is now three weeks over due, and Center BMW still has no idea when they might be getting it in.

A $3.00 plastic connector is costing me thousands of dollars in wasted money.

In other news, Robert Levy Esq recieved another email from BMW Legal yesterday.  I guess they haven't finished their coffee break, yet.  At first I was impressed with their prompt reply, but this sounds like no one has even looked at it.  It would take one hour to make some phone calls and research this.  Seriously.  One hour.  Maybe they are looking at the wrong car, they didn't even get the year right in the text of the letter.
_______________________________________________

November 2, 2010

Re:  Joshua Logan

       2009 BMW Z4 SDrive30i

Dear Counsel:

Your office contacted BMW of North America, LLC on behalf of your client Joshua Logan, regarding a 2008 BMW Z4.

Senior Members of BMW's management team are still reviewing the owner history and service records for this vehicle.  We will soon contact you to discuss the findings and recommendations.

We thank you for your cooperation in bringing a fair and prompt resolution to this concern.

Kind regards,

Avery Dawson

Executive Customer Assistance Manager

BMW of North America, LLC

Customer Relations and Services

Telephone

(201) 263-8244

(800) 831-1117 ext. 8244

Fax

(201) 930-8484

Email

Avery.Dawson@bmwnacr.com

Postal Address

P.O. Box 1227

Westwood, NJ 07675-1227

"Known Issue" - Martini Shot by Rob Long

I just heard this amazing "Martini Shot" on our awesome local public radio station KCRW (www.kcrw.com) here in LA.  Rob Long completely encapusalted my feelings on our customer service frustrations brilliantly in this little monologue.  I've transcribed it for you here:

Known Issue

By Rob Long

Martini Shot, broadcast on KCRW

If you’ve called me any time since early last week I probably didn’t get the message.  If you left a message there is no way of knowing I have a message waiting for me.  My visual voicemail isn’t working.  Now this has meant long calls to AT&T customer service during which I’ve been treated politely and with a robotic commitment to the language of customer service. 

“It’s my intention to deliver excellent service today”, said one person on the end of the line.  “I understand how frustrating your problem can be and I do apologize for the inconvenience”, said another before launching into the same speech the first one did about how we can, “go ahead and perform some trouble shooting actions to better determine the source of the problem”. 

Now, I’ve been thanked for my years as an AT&T customer, I’ve been surveyed and questionnaired and thanked again; I’ve been placed momentarily on hold, asked if the customer service representative can call me “Robert”, apologized to for asking for the last four digits of my social security number, twice; thanked for being patient, told that AT&T values my loyalty, educated on the benefits of an international data plan, and asked if I had received excellent service today. 

What hasn’t happened, what seems unlikely to ever happen, is getting visual voicemail back.  Apparently providing customer service isn’t part of the customer service training.  Now, when pressed near end of the fourth call and half way between one of the “thank you’s” and one of the customer satisfaction surveys, I was told this about my voicemail problem: “it’s a known issue”. 

A known issue.  Meaning it’s a problem, it’s network wide, it’s random, and they know all about it.  Being a “known issue” means never having to stop saying “sorry” long enough to fix the problem.  Personally I’ll take rude-and-effective over polite-and-impotent any day of the week.  But, on the other hand, I’m gonna start using “known issue” in the rest of my life. 

“Rob, we think the script could use some work in act 2.”  Yes, that’s a known issue.  “Rob, we’re not crazy about the opening sequence”.  Yes, that’s a known issue.  “Rob, it seems you owe a huge amount in back taxes.”  Yeah, yeah that’s a known issue.  “Rob, you hit my car pulling out of Whole Foods!”  Yes, that’s a known issue.  “Rob!  There’s a dead body in the room and you have a knife in your hand and you are covered in blood!”  Yes, that’s a….  known issue.  Well, obviously that last one is a step too far.  For the rest of the week, at least, I’m gonna see what I can get away with by saying “it’s a known issue”.  I mean I’ll have the time. 

It’s not like I’ll be returning any phone messages.

BMW: Day One Hundred and Fifty

That's right!  My car has been in the shop for an even 150 days today!  Wondering if I should throw a party... ?

Still no ETA on the part.  The $3.00 part.

However, I did get a forward from my lawyer yesterday, and BMW North America has already acknowledged the situation!  Somehow I thought, with legal matters seeming to take undue amounts of time in many cases, that it would be weeks - but evidently they have decided to move a bit more quickly.  Dare I hope?  Dare I dream?

Here is what they had to say:
_______________________

October 26, 2010

Re:  Joshua Logan

       2009 BMW Z4 SDrive30i, VIN:  E160844

Dear Counsel:

Your office contacted BMW of North America, LLC on behalf of your client Joshua Logan, regarding a 2008 BMW Z4.

Senior Members of BMW's management team are now reviewing the owner history and service records for this vehicle.  We will soon contact you to discuss the findings and recommendations.

We thank you for your cooperation in bringing a fair and prompt resolution to this concern.

Kind regards,

Avery Dawson

Executive Customer Assistance Manager

BMW of North America, LLC

Customer Relations and Services

BMW: Launching Legal Action - Car Is Still Not Done

My lawyer, Robert Levy, has sent and excellent letter to the BMW USA Legal Department, so my journey with Customer Service is over.  Legal can only be contacted via posted mail, so we will be waiting for their response.  His letter demands that I be released from my lease and for them to take the car back.

I've been spending $575/month on the car lease, $150/month in insurance, plus what will total more than $2000 in car rental during this time.  I also just renewed my registration for $825.  He will be demanding that BMW reimburse me for these expenses as well as his own legal fees.  I hope this rattles the trees well enough that they take the time to listen to my case.

As some of you may remember, the mysterious brake sensor part (which I found out over the weekend is a $3 part (THREE DOLLAR PART), and they had already refused my mechanic taking that part out of another BMW that isn't for sale while they wait for the new one - this seems to be the most logical course of action) which was supposedly shipped on September 27 and was due no later than Oct 22.  As of today, this part is still MIA - and there is currently no estimate for arrival.

I think I should have learned by now that these estimates are worthless, but my hope continues to be raised.

Lara from Best Car has been continuously going all the way down to Van Nuys and Center BMW because she's been unable to get anyone on the phone - but even that has not shed any new light on the situation.

I wish someone could explain to me what in the world is going on....

Thanks for reading.

BMW: Legality

Under advice from a good friend, last week I contacted lawyer Robert Levy, Esq and described my case with BMW to him - and he immediately signed on to help!  He feels that there is definitely gross professional negligence involved in this case, and he is going to begin his inquiries immediately!

It feels so very good to know that corporations can't just do this to people as they feel like it, there will be ramifications for their inaction.

Thank you, Robert Levy, you are awesome.

BMW: Yet Another Week to Wait

I got a call from Center BMW over the weekend to tell me that they've finally spoken to someone about the status of the brake sensor; and they've been told that the soonest they can expect the part is this Friday, October 22.  Amid all of this they keep telling me that this is an obscure part, and even the parts place in Germany doesn't carry this part.

Yet still, it makes me wonder just how many Z4's roll off the assembly line each day, each one with that part installed.  While on hold with Center BMW I was forced to listen to their sales loop, all claiming that they put "YOU" at the "center" of their business.  That BMW is a multiple award winning automobile, and it is their customers that make it great.  Somehow, when they make these statements, they must feel that a car sitting on their lot for seven weeks is how they are putting me at the "center".

I'm going to call a lawyer today.