Statement of Complaint Against Jackie Cooper BMW
I think it is only appropriate to start by saying I love BMW products. I currently own a 2001 525i that I feel represents one of the best values in automobiles today. I also own a 30 year-old BMW motorcycle that remains a delight to this day and is ruggedly dependable. Even in the midst of these problems I had ordered another BMW (not from Jackie Cooper BMW) but subsequently cancelled the order due to my frustration with Jackie Cooper BMW. Furthermore, most of the service I have received on BMW products has been very good. Let me be more specific, BMW motorcycles of OKC—phenomenal, BMW cars Houston North—outstanding, Jackie Cooper BMW—good with the only complaint being that they seemed to keep limited parts inventory, but they all have very courteous and attentive personnel.
I was to take delivery of an M5 (prepaid) in February. I subsequently decided I did not particularly want it.in talking with Ray Keitz (sales manager) he told me they could not get them. I told him that I would be willing to trade it for a Z3 and cash. He showed me a black Z3 that he stated came with BMW used car certification protection.
He asked me to deal with William Cornelius (salesman) in working out details on which car I wanted. I told William that I wanted to test drive the Z3 with BMW used car certification protection that Ray had showed me.
William brought around the black Z3 and we took it for a test ride. During the course of the test ride he explained in great detail the BMW used car certification protection program. I decided to purchase the car as I felt it would be reliable transportation for my wife.
In meeting with Trent (Business Manager?) to sign paperwork and finish the transaction, I specifically asked about the BMW warranty and was told that this was directly with BMW and that Jackie Cooper had no part in the warranty process. He asked me to sign a paper that acknowledged that I understood this. I asked for my paperwork on the warranty and he told me that it would be included when they sent me the title.
I took the car home. Before I even had a chance to transfer the title the car left me stranded. I called a truck and had it delivered to Jackie Cooper BMW so that they could do whatever was necessary. I told Jeff (service representative) that I had just purchased it and that it was under warranty so they could fix it and call me when finished.
Jeff called me back and said that there was no warranty on the vehicle. I drove to the dealership to see what the problem was.in the interim Ray apparently had spoken with William. William agreed as to the content of our conversation but maintained that at no time had he said that the BMW I was testing had this certification. When I mentioned that Trent had me sign paperwork regarding the warranty, Ray seemed surprised and said that Trent made a mistake. I told him I felt was I was lied to by the representatives of Jackie Cooper and left his office.
Ray approached me in the service area and told me that he would make it right. When I asked what this meant he told me that he would either sell my car for me or give me a good deal on another vehicle. I said that if he were to do that, he would have a good customer.
I mistakenly thought that he referred to a good deal for me but subsequently understood that he meant a good deal for Jackie Cooper BMW. It is important to know that I paid $22,094 for the Z3. The good deals resulted in me taking a three-six thousand dollar loss on a vehicle I had just purchased. I told Ray that I felt that even for a BMW that seemed a bit steep in terms of depreciation. I was somewhat surprised that the 1999 2.3 had depreciated around 16% in two years since new, it seemed a bit excessive that my used 1996 Z3 would depreciate approximately 12%-25% in a little over a month.
So the next step was that he was going to sell it for me. This never seemed to materialize until September/October when Ray told me that there was someone who wanted to buy it. I would have had to take a $7,000 loss (or about $200/day I had the car) but I told Ray to move it just so I wouldn't have to deal with it anymore. Apparently the deal fell through.
Intermittently I continued to try to resolve the situation but really received no response from Jackie Cooper BMW. One day I was up in the city and dropped by to see what was going on. I was somewhat surprised to see that the vehicle that they were going to make right was sitting in a fenced in area behind the sales lot. The rear window was broken and the convertible roof had a tear in it. It was raining and the car was filling with water.
I once again contacted Jackie Cooper BMW and told them that I wanted a refund.in response to my request Kyle Hill (general manager) wrote a letter in which he proposed the following resolution:
- Jackie Cooper BMW bearing the cost to certify your Z3 which will give the vehicle a limited warranty that expires 6 years from the date it was sold new or at 100,000 miles on the odometer
- Jackie Cooper BMW will pay for half of the cost to repair the rear window in the convertible top.
- Jackie Cooper BMW will not refund the money paid for the car originally
- Jackie Cooper BMW will not consign your vehicle any longer
This was not satisfactory to me for a number of reasons. First of all, the warranty was for six years from the date sold as new. This was a 1996 model and we were almost half-way through the 2002 model year when he extended this offer. Furthermore though the window was a wear item I was less concerned about the window than I was about the fact that due to the negligence of Jackie Cooper BMW, the inside of the car was completely wet. Now I only saw this once, but I had no way of knowing how many times this might have happened. I had no interest in having a car that could well have rust and mildew problem well beyond anticipated because Jackie Cooper BMW did not act in a reasonable and responsible manner. I wanted a refund.
Kyle responded that he would offer a twelve month warranty (the bulk of the letter was a long list of warranty exclusions) through an outside agency. This still failed to address my fundamental concern about water damage. I continued to feel that I was due a refund of the full purchase price of the vehicle.
I told them that I felt the offer was inadequate and proposed the following:
I know that the vehicle is not eligible for the warranty under BMW. I propose a non-transferable (JCBMW provides all service, for the time when the car is owned by my household) warranty from you that replicates the BMW warranty.in other words, do the certified pre-owned inspection to bring it up to the standards for pre-owned certification, and warranty it for 15 months (Feb June less the month I had the car) as it would have been by the BMW warranty that I was told I had purchased. I will pay the $50.00 per visit payment. I do not expect roadside assistance.
I felt that bringing the car up to certification criteria for BMW would require them to address any problems that might result from the water. Furthermore I thought that if the warranty they offered me was a good one, they could purchase it and apply it to my car. Given that this was merely a small change from what Kyle had offered in his first letter, I thought that this would be a good resolution.
I sent this proposal to the dealership on February 20, March 1, April 22 and June 4. I never received a response or acknowledgement until the last one. The response that Ray sent me was a copy of the letter that I had received on January 2.
I responded immediately and asked for clarification. On June 21 he responded saying that since no one had heard from me that Kyle considered the issue dead. He then asked me to please let him know what I considered to be a fair resolution.
On June 22 I responded with a copy of the of the February 20 note. And asked that they respond to me by July 10 as I would be out of town for a while. When I returned and found no response, I called Kyle and asked him how we were going to resolve this. I told him exactly what I wanted, the in-house warranty, which I thought was in line with what he had offered. He told me that he just did not feel comfortable doing that and that the dealership would not do it. I wanted to make certain that I understood so I asked specifically for clarification and he repeated the same thing.
Subsequently I contacted an attorney who expressed a willingness to pursue the issue (no big surprise in that) but I felt that we would both end up spending money that in the long run would benefit our legal teams more than either Jackie Cooper BMW or me. The situation in which I found myself was:
- I was lied to by two different employees of Jackie Cooper BMW
- Jackie Cooper BMW has $22,094 that used to be mine
- Jackie Cooper has a Z3 they allowed to fill with water
- That the reckless disregard for truth and negligence by employees of Jackie Cooper BMW created this situation
- That despite sending five certified letters to Mr. Cooper I have not heard anything from him
- That attempts to resolve this with management of Jackie Cooper BMW have not met with any success
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Eighteen months of being courteous, patient and understanding has done nothing to remedy the problem. Consequently I decided that I would publicly express my dissatisfaction and have had large signs made up that read ANOTHER VERY DISSATISFIED CUSTOMER OF THE LIARS AT JACKIE COOPER BMW. These are black lettering on a brushed nickel background with magnetic backing and are currently prominently displayed on my black 2001 525i. My intention is to keep them on until this situation is resolved (actually, I will probably take them off when I go to church). I want a full refund.
P.S. If you wish I will also sell 2001525 for $29,700 once this is resolved and I promise never to buy another BMW automobile as long as I live in Oklahoma.
Tom
Oklahoma City, Oklahoma
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