NHTSA Complaint #10563887 — 2005 MINI COOPER S CONVERTIBLE

AROUND JUNE 2008 MY MINI COOPER S 2005 BEGAN EXHIBITING WHAT APPEARED TO BE A FAILURE TO MAINTAIN CONSISTENT SPEED WHILE DRIVING AT A CONSTANT RPM. I EXPERIENCED SLOW, OR SLUGGISH ACCELERATION WHILE DRIVING AND THE ENGINE LIGHT WOULD COME ON SPORADICALLY. I TOOK MY MINI, WHICH WAS STILL UNDER WARRANTY IN FOR SERVICE TO BMW/MINI OF SAN ANTONIO AND WAS REASSURED THAT I WAS EXPERIENCING NORMAL SHIFTING MECHANICS. THEY WERE ALSO UNABLE TO DETECT WHY THE ENGINE LIGHT WAS COMING ON. I EXPERIENCED THESE IDIOSYNCRATIC ISSUES CONTINUOUSLY THROUGHOUT THE YEAR AND BEGAN TO NOTICE THE CAR JUMPING HIGHER AND LOWER IN SPEED DURING ACCELERATION IN MORE REGULAR INTERVALS. IN SEPTEMBER OF 2010 THE ENGINE WOULD LURCH INTO GEAR, SECONDS AFTER FAILING TO CHANGE GEARS EFFECTIVELY. AT TIMES, THE CAR WOULD SUDDENLY DROP OUT OF GEAR WHILE DRIVING. I BEGAN TAKING MY CAR INTO A BMW/MINI CERTIFIED SHOP IN AUSTIN, TX. AFTER MUCH TIME, MONEY, AND TROUBLE, PLUS MANY VISITS TO THE MECHANIC, MY MINI COOPER'S CONDITION DETERIORATED COMPLETELY. WHILE IN BUSY TRAFFIC MY MINI LURCHED FORWARD AND STALLED COMING TO A COMPLETE STOP WHILE DRIVING BEFORE I COULD GET IT OFF THE BUSY ROADWAY. I WAS ALMOST REAR ENDED BY VEHICLES BEHIND MINE, THESE DRIVERS HAD TO MAKE EXTREME EVASIVE MANEUVERS IN ORDER NOT TO HIT ME, THE CAR IN FRONT OF THEM, OR BE REAR ENDED THEMSELVES. THIS UNSAFE AND HAZARDOUS INCIDENT ENDANGERED MY LIFE, AND WAS THE LAST FOR MY MINI, RESULTING IN COMPLETE TRANSMISSION FAILURE IN JULY 2011. I SOUGHT OPINIONS ON MY OPTIONS, SHOP QUOTES TO FIX MY VEHICLE, ALL AROUND $10,000. MY VEHICLE HAS NOT BEEN FIXED OR ALTERED, IT STANDS AS IT DID THE DAY OF THE TRANSMISSION FAILURE. IT WAS TOWED FROM THE SHOP TO STORAGE. MY VEHICLE IS NO LONGER UNDER WARRANTY, AND THERE ARE MANY OTHERS WHO HAVE SIMILAR CIRCUMSTANCE DOCUMENTED. WHY WAS THERE NO RECALL? CLASS ACTION LAWSUITS IN CALIFORNIA AND NEW JERSEY. *TR