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Old 01-18-2011, 01:48 PM   #31
kevin325
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Thanks for responding back to me Jon. Latest is that Bimmersport is not going to pay me a dime for anything as they feel like i am not entitled to any compensation for any of their mistakes.

I guess a $3K compensation was too much to ask for after being ripped off for ~$20K+. See you guys in court.

I will keep this thread updated with the progress.
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Old 01-18-2011, 02:18 PM   #32
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Originally Posted by kevin325 View Post
...See you guys in court.

I will keep this thread updated with the progress.
Excellent, now both parties can present their case to an impartial judge without the side show from Max bystanders.

Good luck to both of you.
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Old 01-18-2011, 02:31 PM   #33
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WOW!!!
That's really bad news for Kevin because the court route is a pain in the a$$. As for Bimmersport they will continue on, people will go or not go to them based on their own feelings about this thread and other positive or negative feedbacks they have recieved.
The loss is Kevin that has put his time and from the post below alot of $$$ money towards his personal expression of his car, and it still has all the issues and that is most frustrating part because you get to the point where you don't want to even look at the car anymore.
My personal feedback for Bimmersport is a BIG and if RMP is also sending people on the site to discredit Bimmersport I would give them a too. WOW 2 on the same post must be a record
It will be a loss for both parties. Someone from Bimmersport will have to go to court too and lose time that could have been spent to earn business for the company. Kevin paid already so Bimmersport is not motivated to return the money. If that was the other way around and Kevin hasn't paid, he wouldn't be motivated to pay until he's satisfied. It works both ways.

This is the best thing in this case since they cannot come to a mutual agreement.

If both parties value their time, they might be motivated to settle out of court. But sometimes you need to go to court to settle out of court. Strange but unless you do something, it will drag on.
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Old 01-19-2011, 09:14 AM   #34
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Originally Posted by kevin325 View Post
Thanks for responding back to me Jon. Latest is that Bimmersport is not going to pay me a dime for anything as they feel like i am not entitled to any compensation for any of their mistakes.

I guess a $3K compensation was too much to ask for after being ripped off for ~$20K+. See you guys in court.

I will keep this thread updated with the progress.
~20k when your invoices total ~10k. You are adding your personal expenses and showing a total of your project..not total at Bimmersport Automotive for this S54 swap. Since your whole driveline was purchased privately and not through us, why do you keep bringing that aspect of your issue into your comments
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Old 01-19-2011, 01:03 PM   #35
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Originally Posted by Jon@Bimmersport View Post
~20k when your invoices total ~10k. You are adding your personal expenses and showing a total of your project..not total at Bimmersport Automotive for this S54 swap. Since your whole driveline was purchased privately and not through us, why do you keep bringing that aspect of your issue into your comments
I am also adding the rear end swap which was done a few months back to that 20K bill. How do you go charging someone for a $1200 part only to find out its was the wrong part and cannot be returned or used in my swap? Is that my fault that you guys ordered the wrong part and didn't do your research? Why am I the one paying for YOUR mistakes? If the "Master Tech" did his job correctly, he would know that a 325 control arm is not going to fit the M3 rear.

The parts were purchased off of Bimmersport Auotmotived EMPLOYEES - the parts were even stored at a BS employees house and you're telling me you guys are not responsible one bit for the parts being broken? I asked to have the parts FULLY inspected. You guys didn't even do a leak down test or a compression test on the motor (didn't even dyno the car before giving it back to me to make sure all is well). I mean if you are going to charge me by the book, and if you are going to charge me dealer prices then AT LEAST i expect you to go above and beyond and perform all of these tasks. Non of these tasks were carried out which is WHY i feel ripped off.

You are also not factoring all the money I had to spend to fix all your mistakes and even though I gave you guys a VERY reasonable offer, you still declined it. I had to spend money to buy a new oil cooler, buy a new diff, pay for labor to install the diff, pay for oil change on the diff. pay labor to install oil cooler. buy new exhaust pipes, pay labor to install exhaust. buy a DTML pump (CEL), fix all the wiring, pay labor for DTML pump install etc.

I never denied you offering me a financed S/C, free install and free tune load - Like i even said to you on the phone and at my house, i appreciate the offer and all the help and personal time that you invested in this - but I just wanted compensation for my time and my money. A S/C and a free load up tune and financing is not going to help me fix the previous mistakes. What if i was eying a brand new E92 M3 - would you of helped me finance that too at 0%? If so then I'm game! I just want you to see that the offer which you were giving me was not benefiting me at the moment, that's all.
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Old 01-19-2011, 03:17 PM   #36
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Thread cleaned up once again. If this thread goes downhill one more time, i will close the thread.
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Old 01-19-2011, 06:48 PM   #37
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I am also adding the rear end swap which was done a few months back to that 20K bill. How do you go charging someone for a $1200 part only to find out its was the wrong part and cannot be returned or used in my swap? Is that my fault that you guys ordered the wrong part and didn't do your research? Why am I the one paying for YOUR mistakes? If the "Master Tech" did his job correctly, he would know that a 325 control arm is not going to fit the M3 rear.

The parts were purchased off of Bimmersport Auotmotived EMPLOYEES - the parts were even stored at a BS employees house and you're telling me you guys are not responsible one bit for the parts being broken? I asked to have the parts FULLY inspected. You guys didn't even do a leak down test or a compression test on the motor (didn't even dyno the car before giving it back to me to make sure all is well). I mean if you are going to charge me by the book, and if you are going to charge me dealer prices then AT LEAST i expect you to go above and beyond and perform all of these tasks. Non of these tasks were carried out which is WHY i feel ripped off.

You are also not factoring all the money I had to spend to fix all your mistakes and even though I gave you guys a VERY reasonable offer, you still declined it. I had to spend money to buy a new oil cooler, buy a new diff, pay for labor to install the diff, pay for oil change on the diff. pay labor to install oil cooler. buy new exhaust pipes, pay labor to install exhaust. buy a DTML pump (CEL), fix all the wiring, pay labor for DTML pump install etc.

I never denied you offering me a financed S/C, free install and free tune load - Like i even said to you on the phone and at my house, i appreciate the offer and all the help and personal time that you invested in this - but I just wanted compensation for my time and my money. A S/C and a free load up tune and financing is not going to help me fix the previous mistakes. What if i was eying a brand new E92 M3 - would you of helped me finance that too at 0%? If so then I'm game! I just want you to see that the offer which you were giving me was not benefiting me at the moment, that's all.
First of all Kevin I never said you denied me offering anything, I know you said you appreciate it all - but was it ever mentioned here? It was clearly left out how my "personal time" was me asking you to bring ti back so you do not have to spend money fixing it. You told me on the phone the P/N 13-71-7-830-100 suction hood was "never even there" and was billed for it - it clearly is on the pics you posted on fanatics, and in our BBQ pics and for everyone to see. The same one, with the same Bimmersport Sticker.

This engine bay looks damn clean and OEM looking to me:



(was there anything wrong with the way we mounted the washer tank as well according to your mechanic?, what wiring was all over the place? The resistors in the trunk to your tail lights? )

Like I said, we are not paying you for a diff or replacement when our employee who sold it to you offered the replacement, and would put it in for you - even our shop would put it in for you, as we are aware there is a 90day/5000km warranty on labour even by law? I don't think YOU were aware of that..but just because you aren't aware doesn't mean we wouldn't do it out of good will, regardless of that law. If you didn't think that would happen, why would I bother to store the parts in my garage (making my single car garage useless) for no reason...I'd do that, but not swap in a diff that takes an hour? \

I'm a bit confused of your calculation...on here it is +20k? When on fanatics your original cost was ~14-16k? http://forum.e46fanatics.com/showpos...&postcount=174 ..Let alone what I can see and know for myself.

Also, you are factoring expenses to fix the problems...when you declined my invitation before you went and fixed it and we will fix it all OBVIOUSLY and does not need to be said, at N/C?

You also had a front end accident, where the bumper was completely ruined? I believe that happened when I visited your house for the first time, again regarding this manner. How do we know nothing of the oil cooler, or the fashion it's mounted in was affected? ON top of it, an ORIGINAL bumper would not break the way yours does without severe impact. The material, and design of the bumper SKIN you have could also affect the damage your vehicle sustained. None the less, no damage is severe as you driving the car, with the red oil light on (which is really why your engine is toast, not the oil cooler braking). It is the neglect to stop the engine running, and transport the vehicle as it should when it is leaking a fluid. If you leak coolant, or engine oil and still drive the car (especially with warning lights on!) you are solely responsible for your own problem and its consequences.

We declined your request, because if you complied with our offers from the beginning none of this would have happened. Just to make this clear, the offer I am mentioning is to bring it back and fix the issues you had addressed from a third party in 12/09 (which I might add, were never addressed regardless of shop - and that is why the fashion in which the oil cooler is mounted was still apparent last month which is 1 whole year from the time you got it inspected by AE, as per your feedback).

About the rear end....remember, you brought the car to us HIT on the right rear corner. You smacked a curb so hard your shock was bent. We already replaced the trailing arm, wheel bearing and bushing on the other side...we were in the midst of replacing everything, when we said HEY we have your M3 rear end at home..we might as well put it instead of again replacing the trailing arm we will swap out in the near future. You drove with the rear end and tranny BEFORE we did the S54 swap itself. So if you accepted us ordering the parts, and we offered that to you after who's stuck with everything if you accepted BOTH repairs?? About recommending to do what, we know you on a personal level - discussions of family and financial problems were apparent in our PERSONAL conversations hence the reason why maybe we did not recommend it to you (due to additional costs). Aside from that, we didn't order it while doing the rear end and go "oh shit its the wrong one" as your story portrays. I do not understand though, why we would order the trailing arm for your swap...when our employee sold you the M3 trailing arms? Which is why we ordered M3 rotors when doing the conversion.

Did you mention any of that publicly? I do not see it anywhere, if you did..forgive my mistake. You stated (as I put in bold) all the personal time I have put into this - then what was the personal time I spent offering/doing for you? The dinners were fun, so was coming to your home but we both said - when it comes to business we are talking business which is exactly what was going on. Thanks for clearing that up, as some people on here have it that we did not make any attempt and denied YOU requesting to bring your car back. This is like a political campaign, when a picture is painted of the innocent public (you) and the mean, menacing Bimmersport.

If you actually get the M3, we'll finance you if you sign all the paper work and get it installed here but we are not offering free labour for the E92 M3 or financing to be installed elsewhere.

Lastly where is the whole "BMW Master tech" or "Master tech" name coming from, because for the 13 years I've known Charlie employee or not I have never heard him claim that. From what people tell me (not from you) is that they are informed of such claims, but then again...the information is coming from the same person saying he bought his license. Just because the owner of the shop is "xxxx" does not mean they are the master tech, or anything unless personally stated.
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Old 01-19-2011, 11:23 PM   #38
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Perhaps not posting a novel and using pm would prove better for both parties?
Just an honest suggestion.

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Old 01-20-2011, 11:30 AM   #39
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Well at least it will be settled legally... That's the good news in the story.

This situation looks very complex and the lawyers will have a lot of reading and explaining to do. BTW, Lawyers are not very car savvy and it will be pretty difficult to make them understand everything....meaning a lot of time $$$.

It's very ridiculous though that you guys cannot come to terms! only you two know what's been done and what's right and wrong.

If this was my situation.... shit would get resolved right away, one way or another.
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Old 01-20-2011, 05:13 PM   #40
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Why don't you go ahead and scan my bills (matter of fact scan EVERY bill ive had with you guys to date) and we can go over what was billed for and what wasn't there - I was wrong on the hood suction cup but I am 100% sure that there was parts billed for that was never installed in my car (such as the $1295 trailing arm which im stuck with and that Charlie PROMISED to sell whenever someone came in with a banged up rear end ).

Looks can be deceiving - I could clean the engine with WD-40 as well and make it look stock and clean. It's amazing becuase you and Charlie did not even look under the car before it left the shop or else you would of noticed the tie straps and also my my lovely 6 piece exhaust system which you charged me another $350 for (didn't show up on my bill but said to pay cash as it wasn't done in house). Or if you actually TEST drove the car you would of heard the grinding diff. So not only that you did NOT perform the tasks which i asked you to do before doing my swap ( checking over all the parts and making sure they are working) you did not even take the time to test drive the car to make sure its good. You let the car go with a CEL, grinding diff, tie strapped oil cooler and god knows what of an exhaust.

Yes i did say $14K-$16K but if you attended your UofT classes you would of READ that the $20K is also including the REAR end job which you did a few months before the engine swap. So lets see, ~14-~16 + ~5-~6 = ~$20K. I love how you are trying to make me look like the bad guy here when in reality, you are just trying to offset your mistakes (which you admitted to since you considered cutting me a compensation bonus) onto other problems and blame everything on the customer. Why don't you go into the feedback section and sort the threads by most view. Then have a read and see what the negative feedback's are addressing. THEY ARE ALL addressing the same issue which you guys will never fix and that is customer service and quality assurance. Even if i don't win in court, i will continue to inform every single forum that there is about your business which to me is even more important than winning in court. Also with the amount of people i have sending me PM's about you, i can start a class action lawsuit and have each person file a BBB complaint from non-licensed mechs working on our cars to used parts being sold as new to parts being billed and not installed and I can go on forever.

As for the accident? i had someone back up to me and hit my bumper in SEPTEMBER when you FIRST visited my house which you forgot becuase you were under.................i thought so.

how are you trying to blame this on the oil cooler incident? did you sit down and come up with a story that i hit a curb? Ruined bumper? do you mean how the paint got scuffed off? LOOL!!! wow Jon just wooow. Is this your way of trying to show everyone how you take care of business? unsatisfied customers? Here are pictures of the accident in September and the oil cooler accident in December:

September accident with mini-van:






December accident:






edit: i LOVE how i " COMPLETELY RUINED" the original bumper yet i didn't even manage to break off my CF lip???? LOL.



Good luck with the shop and your career!
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Old 01-20-2011, 05:26 PM   #41
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^^damn!

SNAP!!, and all that other good ish
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Old 01-20-2011, 05:38 PM   #42
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goodluck kevin! im not going to lie i kinda laughed when i saw the 2 zip ties on the bumper they had their chance now they look like idiots not only to me and you but the other people on this forum and the other forums. i am dissapointed in how the shop is taking care of this. the 3g compensation you asked for was more than fair IMO. like i said they could of solved the problem and shut you up. but now it's going to cost them allot more. very dissapointed
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Old 01-20-2011, 06:56 PM   #43
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Why don't you go ahead and scan my bills (matter of fact scan EVERY bill ive had with you guys to date) and we can go over what was billed for and what wasn't there - I was wrong on the hood suction cup but I am 100% sure that there was parts billed for that was never installed in my car (such as the $1295 trailing arm which im stuck with and that Charlie PROMISED to sell whenever someone came in with a banged up rear end ).

Looks can be deceiving - I could clean the engine with WD-40 as well and make it look stock and clean. It's amazing becuase you and Charlie did not even look under the car before it left the shop or else you would of noticed the tie straps and also my my lovely 6 piece exhaust system which you charged me another $350 for (didn't show up on my bill but said to pay cash as it wasn't done in house). Or if you actually TEST drove the car you would of heard the grinding diff. So not only that you did NOT perform the tasks which i asked you to do before doing my swap ( checking over all the parts and making sure they are working) you did not even take the time to test drive the car to make sure its good. You let the car go with a CEL, grinding diff, tie strapped oil cooler and god knows what of an exhaust.

Yes i did say $14K-$16K but if you attended your UofT classes you would of READ that the $20K is also including the REAR end job which you did a few months before the engine swap. So lets see, ~14-~16 + ~5-~6 = ~$20K. I love how you are trying to make me look like the bad guy here when in reality, you are just trying to offset your mistakes (which you admitted to since you considered cutting me a compensation bonus) onto other problems and blame everything on the customer. Why don't you go into the feedback section and sort the threads by most view. Then have a read and see what the negative feedback's are addressing. THEY ARE ALL addressing the same issue which you guys will never fix and that is customer service and quality assurance. Even if i don't win in court, i will continue to inform every single forum that there is about your business which to me is even more important than winning in court. Also with the amount of people i have sending me PM's about you, i can start a class action lawsuit and have each person file a BBB complaint from non-licensed mechs working on our cars to used parts being sold as new to parts being billed and not installed and I can go on forever.

As for the accident? i had someone back up to me and hit my bumper in SEPTEMBER when you FIRST visited my house which you forgot becuase you were under.................i thought so.

how are you trying to blame this on the oil cooler incident? did you sit down and come up with a story that i hit a curb? Ruined bumper? do you mean how the paint got scuffed off? LOOL!!! wow Jon just wooow. Is this your way of trying to show everyone how you take care of business? unsatisfied customers? Here are pictures of the accident in September and the oil cooler accident in December:

September accident with mini-van:






December accident:






edit: i LOVE how i " COMPLETELY RUINED" the original bumper yet i didn't even manage to break off my CF lip???? LOL.



Good luck with the shop and your career!
Great calculation, I didn't add the first rear end rear done to your car because you hit a curb in your work parking lot..it has nothing to do with the S54 swap. It wasn't ONE trailing arm we ordered on ONE occasion. I didn't look under the hood? Everyone including customers looked under your hood. It does not make sense we would help you in the sale of your engine, trans, ecu, EWS box and keys which were all put safely aside and not do it for a trailing arm. The trailing costs you 910 itself the same charge from the last bill for the part. You're stuck with it because AFTER you said to order it, you decided to put your M3 parts sitting at my house. The technician who worked on your did test drive it - you know that, you can ask him yourself.

I have read through the neg. feedback about customer service (when I was a technician, not a service advisor..like when I should have test drove your car to overlook the other techs work?). All I see is the changes from when I was put in place - any small shop cannot, and logically does not strive to please every single person. Do not talk about feedback determining quality of the shop, because as we have learned from the internet it is very easy just to make stuff up. Anyways, thats a bit off topic and you are trying to bring personal matters (under the influence...? ) so before this gets locked at your own fault.. Save the punchlines and stories Kevin. Like you and me both know, and everyone else knows - what's decided would be in court.
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Old 01-20-2011, 07:45 PM   #44
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wow

Bimmersport, consider a new representative for your shop, clearly, the one you currently have has no professionalism, or common sense.

Kevin, Nice iPhone!
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Old 01-21-2011, 01:55 PM   #45
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Some last posts made by the OP were removed at his request. Thread closed.
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