This article is the first of many car reviews for 2009/2010 vehicles. I chose the Volkswagen CC as the first review as it was the most intriguing to write about out of the 20 or so vehicles I was able to test drive.

2010 Volkswagen CC 

In an effort to raise the ‘class’ bar for VW, the Volkswagen created the Passat CC to replace standard VW Passat. At a first glance, you see a Mercedes CLS-class but after closer inspection, you realize the branding on the front is Volkswagen. This immediately intrigued me, and a test drive was in the works for the vehicle. After the test drive, I thought, with such sleek exterior styling, how did they get it so wrong?!!

Interior – Is it really that Luxurious?

Can anyone tell me which vehicle is the CC and which is the Passat?

With interior reminiscent of its Passat predecessor, I was really hoping for more. The dashboard gauges and steering wheels are exactly the same, while the shifter and the seats are slightly different. To answer my question above, the image on the [left] is the Passat CC and the Image on the [right] is the Standard Passat. Scary how close the interiors are.

Why is this such a big deal? The Washington Times raved the Passat CC as having “classy-looking interior”. The new slogan speaks of luxury – but is it really? The stereo is touch screen, however, it is a bit scary to use/learn in heavy traffic. I still don’t like the cylindrical shifter. It really forces me to stay away from playing in sport mode. While I can admit that the CC’s seats are comfortable, I get very close to the same support in the Passat. The rear seat has a cup holder as part of the seat making the vehicle a true four seat vehicle (no cramming kids in the back). My second concern with this center console is hauling any items in the back seat such as a TV (one which wouldn’t fit in the opening of the trunk). I would be afraid of cracking the plastic on the cover, or damaging the TV.

The ride is what I would expect from a German car with low road noise and it passes the door closing test. The door closing test is one where when you shut your door it is a solid thud. It shouldn’t have any radiating vibrations or rattles coming from inside the door or in the cabin. While the frame and chassis of the vehicle are solid, the interior still needs some major work to make you feel like you are in a luxury car.

Performance? Nothing new… nothing real exciting. They still have the same 2.0T and VR6 engines.

How did they miss the mark?

The first gripe I have with the Volkswagen CC has to do with the 2.0 liter turbocharged automatic. The dual clutch system (DCS) in the vehicle gives the feeling that you are consistently missing the gear at take-off, and during mid-gear acceleration (like the Lancer Rally Sport). While the salesman insisted it was the turbo lag – any seasoned turbo driver (such as myself) – knows that it’s the gear not engaging smoothly in the vehicle. To know the difference — turbo lag dips the RPM prior to an explosive take-off. The feeling you will get is that you are riding the clutch before it engages. The result is feeling like you are going to break the transmission when driving it. The throttle response is thus affected, and takes the fun out of driving the vehicle. When switching to the VR6 version of the VW CC, you’re immediately engaged and the engine grunt makes you feel – this is cool. The numerous reported issues with the VR6 engines require a second thought which purchasing the vehicle for engine longevity over 90k. Any salesman that states that the engine issues have been fixed, is just feeding you a line.

The second gripe I have with the Volkswagen CC has to do with the headroom – more appropriately the sunroof-headroom-ish-thingy (aka S.H.I.T.). While the manufacturer calls the feature a sunroof -  it really isn’t by normal standards – its top vent. The sunroof doesn’t retract it only pops open to provide added cabin sunlight and ventilation. If you get a VW without the sunroof, your headroom is decreased by several inches and any six foot man would start to get a claustrophobic feeling inside the cabin. Also to mention, during the test drive, I was fortunate to have a friend with me, and she confirmed (with her being 5’9”) she felt as if the roof was collapsing on her as well. It seems anyone over 5’8” requires the sunroof which is only available on the luxury package – another “really??” moment.

Even if I were to overlook the $33,880 starting price tag for the luxury package (for which I can get a All Wheel Drive 2010 BMW 3 series with better residual), my two grips are immediate deal breakers when purchasing the vehicle.

End Result: EPIC FAILURE.

Part 1 – Lemon Law Over / Issue Logs

Part 2 – Contacting the Dealer / Manufacturer – UPDATED!

I apologize for taking so long to get this article posted to the internet. It has taken since January 23, 2009 till to June 2009 to come to a final resolution with BMW of North America. I am writing this article as a guide on how you can approach your dealership to assist you PRIOR to claiming a lemon on a vehicle to get a peaceful resolution.

Two IMPORTANT things to know:

1. Your dealership is NOT liable for any portion of vehicle failing when you purchase or lease a BRAND NEW vehicle. – This means that barging into your dealership demanding for a new vehicle won’t work. In fact, according to lemon law, your dispute is between the car manufacturer and yourself. – Be kind to your local dealer; they DON’T have to help you.

2. BMW is only obligated to follow the State and Federal lemon laws. Additional damages are typically not granted to anyone pursuing the lemon law. Claiming you will sue the dealership for thousands of dollars for lost time will get you no where but out the door. Stay calm and collected and the dealership will assist you.

Success! A FAIR resolution.

First, a special THANK YOU, goes out to Dan Jansen of International Autos for being patient with my relentless calls on the delivery of my new vehicle. Without Dan’s assistance and understanding, I would not have been able to receive my substitution of collateral. Thank you again!

1. Keeping Records

As shown in my earlier post, I had to keep all of the paperwork for the repairs on my vehicle. While having an issue occur 5 times, is annoying, you have to remember BMW is great at providing a replacement vehicle while you vehicle is in the shop. Keep the records so that you can prove your case to the BMW of North America. It’s about the BMW doing the right thing; not that you’ve been inconvenienced.

2. Contacting the Sales Manager at Local Dealership.

The first step is contacting the Sales Manager at the local dealership. Tell them you have been having problems with your vehicle and are interested in performing a substitution of collateral. A substitution of collateral is basically a vehicle exchange. In a substitution of collateral, BMW of North America will buy back your current vehicle and trade it out for a different vehicle on the lot. This also works for leased vehicles (such as in my case). The difference in cost of the vehicles will be charged charged to you. However, I was charged the DEALERSHIP COST difference versus the MSRP cost difference. This saved me over $3,500.00 by having the dealership extend their costs to me.

The Sales Manager will be required to contact the service manager; but keeping the sales manager as your point person will help tremendously.

3. Service Manager Sign-off

The service manger is required to review your service records to see if the reoccurring issue has to do with the same problem. The KEY component is to remain focused on the actual LEMON Law verbiage with the service manager. While the service manager may say I replaced different components each time the law states: “The dealer failed four times to fix the same defect;”. The “defects” by law are generic; not physical components. (EG Car will not maintain idle on start)
The service manager will sign off on the substitution of collateral and it will be passed back to the Sales Manager.

4. Regional BMW Representative Sign-off

In order for BMW of North America to accept the substitution of collateral, the regional BMW Representative is required to sign off on the contract. In most cases if the Sales Manager and the Service Manager sign-off on the collateral, the sign-off from the Regional BMW Representative just becomes a formality.

Once the Regional BMW Representative Signs-off the substitution of collateral paperwork is complete and the physical delivery of the vehicle can be performed.

5. (Optional) Upgrades

In 2009, BMW released a 335 with a “M Sport Package” that I opted to purchase. I purchased this upgrade at dealership cost with Paddle Shifters and a few other extras to completely trick out the vehicle.

If you are NOT interested in upgrading the vehicle, the dealership can provide you either:

a) a new vehicle off of their lot.

b) a new vehicle to be manufactured in Germany.

Since I upgraded the vehicle with a package that was not available yet, I chose “Option B” and it took an extra 60 days to deliver the substitution of collateral.

6. End Result

BMW of North America agreed continue my existing lease with a New 2009 BMW 335i X-Drive. This means that I got a 0 mile vehicle 1 year into my lease and my residual payout for the 2009 BMW 335i X-Drive is at the cost of a 2008 BMW 335XI. A GREAT DEAL, and completely FAIR to me. I still have my 45,000 miles to use in the remaining two years.

If anyone needs more details I’ll be more than happy to assist you.

FEB.1.2010 Update >:(

Thank you for the continued reading and comments on this blog posting. I have made a new 2010 resolution to update this blog article as well blogging more articles.

First Item To Address: Wheel and Tire / Dent and Ding Warranty Transfer

To my GREAT disappointment, the warranty that BMW promoted as part of the 2008 BMW 3 Series didn’t carry over to the 2009. This is a result of BMW now offering their own extended service warranty. I so happened to get a bulge the right rear passenger tire and after it was replaced on my dime, I got a nail in the side wall of the same side tire. Both tires costing me in excess of $600.00. Lesson learned – BUY THE NEW BMW WARRANTY!!!!!

Second Item To Address: The 2009 BMW 335 High Pressure Fuel Pump Issue – Strikes AGAIN

After about 11,000 miles and being out 400 miles of town, the High Pressure Fuel Pump issue strikes again. This time around, however, I was was traveling at a sustained 80 MPH on the interstate when it felt as if my transmission went on the vehicle. After pulling over, stopping the car, and starting it again, the car would function for 50 miles where I would then have to ‘rinse and repeat’ until I made it to the BMW Dealership. Not a pleasant experience.

Third Item To Address: Awesome Readers and Leaving Comments.

I appreciate everyone that has kept this blog #1 for BMW HPFP Issues. Here are my direct responses to my readers:

Kurt:

“The dealers offer nothing regardless. Like most owners, the legal pursuits was the only option. I was cool until I hit 50 DAYS in the shop. Nobody listened.”

Kurt – Sorry to hear of your issues. As frustrating as this can be, try a different dealership. Remember that the dealership is not responsible for a faulty vehicle. It is only responsible to fix the vehicle under the manufacturer warranty. Even then a dealership as a right to turn you away with – we can’t figure it out. Issues like the HPFP are difficult to troubleshoot. There are stories of injectors and injector rings being replaced to fix this issue when the issue is just a HPFP. I hope everything turns out for the best.

Nicole:

“.. i just bought a 2008 bmw 328xi”

Nicole – It is my understanding that the HPFP is only available on the Twin Turbo Engines in the 135, 335, 535, and X6. It sounds like you might be having a different issue.

Dan T:

“ 1. What does bmw do for used purchase under warranty? Usually lemon law is for new.
  2. With no fault codes, shoudl I be concerned? Why would such a costly car just go dead at a stop?
  3. I heard software for turbos needs updated, I have v27.2 and heard v30 improved performance, heard anything? ”

Dan T –

1. The Lemon Law in Wisconsin also allows for vehicle to be used as long as its under the first year of the warranty. There are other protections like Magnuson-Moss Warranty Act that provide protections for used vehicles.

2. Imagine the car cutting out in the middle of an intersection with a semi-truck (or train) coming full-speed in cross traffic. With no fault codes – absolutely should still be concerned for your safety.  The High Pressure Fuel Pump delivers fuel to the engine in the 3000 PSI range. If a turbo spins up and not enough fuel is being delivered, the car will die.

3. Performance may be better, however, BMW will never admit that. BMW rates the 3 series at 300HP which is borderline for high performance in insurance ratings. To keep the insurance ratings low, the vehicle is rated at 300 HP, while the engine is capable of producing well over 380HP with a tuner (Burger Motorsports JuiceBox+ or Dinan Chip). I hear the PnP JuiceBox+ is well worth the money; but very much voids the warranty.

Dave:

“ Purchased a new 2009 335 CI in August which had been running flawlessly until yesterday (6300 mi). The car started up normally, but stalled out when I put it in reverse and fuel pump sensor light came on as well as check engine light. Towed to the dealer and I was given a 335 loaner. Final diagnosis is pending, but I expect the same problem with the HPFP. Disappointing. Maybe the Cayman S next time for me. Appreciate the info… “

Bimmer to a Cayman S – you should be ashamed of yourself   On a serious note, a 335xi with the Burger Motorsports Juicebox+ at the stock setting will SMOKE a Cayman S. You have to remember the 335i is a 3.0 liter Twin Turbo and gets full horsepower and torque at 3000 RPM. The Cayman S is a 3.4I displacing 320HP at 7200RPM. Yes, the problems with the 335 are disappointing, but when my car is working, I wouldn’t trade it for any vehicle on the road (well maybe the new Audi S4).

If you get the 2010 Cayman S, please feel free to provide your feedback on the vehicle – I’d love to hear it.

Thanks again to everyone and safe driving!

Part 1 – Lemon Law Over / Issue Logs

Part 2 – Contacting the Dealer / Manufacturer – UPDATED!!

Friday, January 23rd, 2009 – Yes, this is my car. Yes that is a construction cone in front of it (a perverted joke my associate was playing on me). Probably not as surprising as the dunce code my associate found on his vehicle after I left the Hotel (shown below; yes that is me hiding behind the car!).

Perhaps my associate’s joke provided certitude to the troubles that I was going to have with my new 2008 BMW 335XI?

Let me be frank about my car. I LOVE IT! It’s fast, sporty, handles like a dream, and is everything I would want in a vehicle. It came fully loaded from the dealership and has every little gadget that makes this geek completely satisfied for the lease term. I have no regrets on purchasing this vehicle and up to this point, I’ve been extremely impressed by BMW’s responsiveness to my issues.

I am writing this to allow the community to follow me through my journey to claiming my vehicle through the Wisconsin Lemon Laws. I will be updating this article throughout this process. It will be interesting to see the progression of my frustration (hopefully lack there of) and have my experience serve as a guide for others.

Lemon Law Statutes

According to the Wisconsin Lemon Laws the following must be satisfied:

It’s a Lemon What’s Next?

According to the department of transportation for Wisconsin they strongly suggest completing the Formal Wisconsin Paperwork for the issues.

http://www.dot.wisconsin.gov/safety/consumer/forms/llfrm700.pdf

Completed Paperwork: Friday, January 23rd, 2008

Filed Paperwork: (To Be Determined)

They also suggest reporting the Lemon through pre-established programs in the state of Wisconsin (AKA WisDot Certified Program).

BBB Auto Line

(Certified for: Audi, Ford, Lincoln, Mercury, Hyundai, Isuzu, Kia, Mazda, Volkswagen)
(Non-certified for: Acura, AM General, General Motors (including Saturn and Saab), Geo, Honda, Infiniti, Nissan, Subaru)

National Center for Dispute Settlement

(Certified for: Porsche)
(Non-certified for: Lexus, Toyota, Mitsubishi, Suzuki)

Do you see my problem yet? There are no WisDOT Certified (or non Certified) Programs for BMW owners to dispute their vehicles. This might be an interesting bottleneck.

Verbiage in the Owner Manual – Lemon Law

Book: Service and Warranty Information

Information:

©2007 BMW of North America, LLC

Woodcliff Lake, New Jersey 07677

Printed: Printed in U.S.A. 07/07

Quote:

“Customer Assistance – Notification

During a specific period (for example, the earlier of 12 months or 12,000 miles, though this period varies by state), some states require us or our authorized BMW center, to repair in a reasonable number of attempts, any defect or condition which substantially impairs the use, value, or safety of a new vehicle sold, leased or registered in that state.

A reasonable number of attempts is generally defined as (i) four or more attempts to repair the same defect (the number of attempts vary by state) or (ii) the vehicle is out of service by reason of one or more repair(s) for more than a cumulative total of 30 days (this period varies by state), except for delays created by conditions beyond our control.

If we are unable to correct a defect or condition covered by these statutes in a reasonable number of attempts, we may be obligated either to replace the vehicle or reimburse the owner/lessee in an amount equal to the purchase price or lease payments paid by the owner/lessee, less the amount direct attributable to use of the vehicle by the owner/lessee.

You should send written notification directly to BMW of North America, LLC of the existence of an alleged defect. Send written communication to the Customer Relations and Services Department address listed below.

BMW of North America, LLC

Customer Relations and Services Department

P.O. Box 1227

Westwood, New Jersey 07675-1117

Telephone: 1 800 831-1117 “

– OK so first problem. The State of Wisconsin mentions it is a good idea to send the Lemon form via certified mail. In the United States you cannot send certified mail to a P.O. Box. Tricky BMW. After a little research:

http://www.bmwusa.com/Standard/Content/CompanyInformation/

BMW of North America, LLC
300 Chestnut Ridge Road
Woodcliff Lake, NJ 07675

The Birth Of  A New Baby BMW – AKA The Problem Child

January 2, 2008 – My BMW was created.

May 3rd, 2008 –

I became a proud owner of a 2008 BMW 335XI. I purchased this vehicle from International Autos located at 2400 South 108th St., Milwaukee, WI 53227. If you are looking for a new BMW, Audi, Mini, or Mercedes, I strongly suggest talking with Jay Sheik. While I had a bad experience with this car, Jay has made this experience worth while. You can read my review of my experience with Mr. Sheik at his linked in profile. Its definitely not his fault that my car was a Lemon.

1. June 9th, 2008 – 1,175 Miles

Symptoms: Car was having problems starting in my garage. The car would not drive nicely from the line in ‘D’ and was running rough. I also received the Engine Malfunction, Reduced Power Message. The crank time on the car was anywhere from 5 – 10 seconds. Problem started just after the vehicle turned 1,000.

Loaners: Car was delivered to International Auto’s BMW Service Center and received an 2008 BMW 328XI loaner vehicle.

Results (verbatim): FUEL PUMP FAILURE 6199000 3 0000555 2 133159 4 1351517 17 TROUBLESHOOTING USING GT-1, VERIFY FAULT STORED IN DME (2FBF-FUEL PRESSURE RELEASE LOW), PERFORM DIAGNOSIS USING GT-1 TEST B1214_DI6KHDR AND B1214_DI6KNDR (CHECKIGN LOW AND HIGH PRESSURE TESTS RESPECTFULLY) FOUND HIGH PRESSURE FUEL PUMP FAULTY. REMOVE INTAKE MANIFOED AND ASSOC PARTS, REPALCE FUEL PUMP, RE-INSTALL AND RECHECK FOR FAULTS (0) RECHECK OK. CLEAR FAULTS AND RESET IDLE ADAPTATIONS. PRIOR TO DIAG, PER SIB#12-55-06, HOOK UP TO SSS AND VERIFY SOFTWARE STATUS BY STARTING PROGMAN(VERSION OF DATA UPDATED OK) CHARGE BATTERY.

Final Verdict: Fuel Delivery System

Return Date: June 13th, 2008

Days: 4 Days

2. June 18th, 2008 – 2,588 Miles

Symptoms: Car was having problems starting in my garage. The car would not drive nicely from the line in ‘D’ and was running rough. I also received the Engine Malfunction, Reduced Power Message. Vehicle would die while idle or slow which posed a safety hazard in intersections.

Loaners: Car was delivered to International Auto’s BMW Service Center and did not receive a loaner vehicle.

Results (verbatim): 2588 FAULTY PRESSURE PUMP 0000005 4 1351518 17 CHECKED FAULTS FOUND FCS FOR TOO LOW FUEL PRESURE RAN TESTPANS PER SI_125506. TEST PLAN PROMPTED FOR REPLACEMENT OF HIGH PRESSURE PUMP REPLACED PUMP.

Final Verdict: Fuel Delivery System

Return Date: June 20th, 2008

Days: 2 Days

3. January 10, 2009 – 18,025 Miles

Symptoms: My car felt like I was dragging thousands of pounds of weight behind the vehicle. The car would not idle nicely, and eventually died when at idle. It also felt as if the transmission was going to blow up when driving.

Loaners: Car was delivered to International Auto’s BMW Service Center and received an 2009 BMW X3 loaner vehicle.

Results (verbatim): 18025 FUEL RAIL PRESURE READING WRONG 0000005 .40 1331529 .40 1353596 .40 CHECK FOR FAULT CODES FOUND 4 FAULTS FOR FUEL PRESURE PERFORMED PRESURE TEST ON SYSTEM PER TEST PLAN FOR FAULTS FOUND FUEL RAIL SENSOR READING LOW REPLACED SENSOR CLEARED CODES

Final Verdict: Fuel Delivery System

Return Date: January 14, 2009

Days:  4 Days

 4. January 20, 2009 – 18,696 Miles

(When I was bored waiting for the Tow I decided to take a picture of my dash before the car died) 

Symptoms: (again) My car felt like I was dragging thousands of pounds of weight behind the vehicle. The car would not idle nicely, and eventually died when at idle. It also felt as if the transmission was going to blow up when driving. Vehicle would die while idle or slow which posed a safety hazard in intersections.

I also received the Engine Malfunction, Reduced power message. Also saw the above picture full of colorful lights on my dash. (But not merely as colorful as the words going through my head at the time.)

Loaners: Car was delivered to Patrick BMW Service Center and received an 2009 Jeep Wrangler loaner vehicle.

Results (verbatim): 18705 HIGH PRESSURE FUEL PUMP ENGINE BARELY RUNNING AND RUNNING ROUGH PERFORM SHORT TEST. FOUND MULTPLOE FAULTS SOTRED FOR FUEL PUMP SYSTEMS, CYLINDER INJECTION CUTOUT, AND MISFIRE DETECTION. DW TIME PUCNHED FOR CONTINUED DIAGNOSIS. PROCEED WITH TEST MODULE AND CHECK LOW PUMP PRESSURE AND SENSOR AT 6 BAR OK. NO FAULT FOUND IN LOW PSI SYSTEM DIAGCODE: D1330_B0000000_05_901. PROCEED AND CHECK HIGH PRESSURE FUEL SYSTEM CHECK PRESSURE OF RAIL PRESSURE SENSOR OK CHEKC PRESSUR AT IDLES PEED AT RAIL PRESSURE SENSEOR ACTUAL PRESSURE 147.2 BAR TARGET PRESSURE 50BAR. CHECKED PRESSURE AGAIN AND PRESSURE WAS OK. INTERNAL PUMP FAILURE. REPLACE HIGH PRESSURE FUEL PUMP

DIAGCODE: d1350_0000000_02_001. CLEAR FAULT MEMORY AND ADAPTATIONS THEN TEST DRIVE. CAR STARING AND DRIVING AS DESIGNED. CHECK ENGINE LIGHT OFF. CUSTOMER TO MONITOR. PRINTOUTS INCLUDED ON FILE.

Final Verdict: Fuel Delivery System

Return Date: January 21st, 2009

Days:  1 Days

5. January 22, 2009 – 18738 Miles

Symptoms: (again.. yes again) My car felt like I was dragging thousands of pounds of weight behind the vehicle. The car would not idle nicely, and eventually died when at idle. It also felt as if the transmission was going to blow up when driving. Vehicle would die while idle or slow which posed a safety hazard in intersections.

Loaners: Car was delivered to Patrick BMW Service Center and received an 2009 Jeep Wrangler loaner vehicle. They switched me to a 2009 Toyota Corolla for the week as I put on major miles on the weekends driving between Wisconsin and Chicago.

Results (verbatim): A OWNER REPORTS WHILE DRIVING LAST NIGHT THE ENGINE HAD REDUCED POWER AND SEEMED TO MISFIRE

CAUSE: .

5199000 OPEN TIME Job time without allowance for / body equipment

235 WAR

1 13-53-7-545-725 INLET PIPE:135040

Final Verdict: Fuel Delivery System (fuel rail sensor)

Return Date: January 28, 2009

Days:  7 Days

GRAND TOTAL SERVICES: 5

GRAND TOTAL DAYS: 17 Days

UPDATED 6. June 1, 2009 – 30766 Miles 

(BMW 335XI Engine malfunction! Reduced power.)

Symptoms: (again.. yes again) My car felt like I was dragging thousands of pounds of weight behind the vehicle. The car would not idle nicely, and eventually died when at idle. It also felt as if the transmission was going to blow up when driving. Vehicle would die while idle or slow which posed a safety hazard in intersections.

Results (verbatim): Issue was Reported to BMW… Please view Part 2 – Contracting the Dealer / BMW of North America

Final Verdict: Proceed to Part 2 – Contacting the Dealer / BMW of North America