New Thread: i didn't know where to post my original query regarding the issue which i am currently dealing with. I found a LOT of valuable ( quite possibly more valuable than i initially thought! ) info facts etc regarding this issue, and will also post in the other forum as well as possibly begin a new thread, if my relatively "new" status as a poster here allows?

but the reason for my post today is this:

i have been in touch with a very prominent ( read "successful" ) attorney who specializes in, guess what?; "Lemon Law" issues here in CA. I know he's good as he got an associate of mine a brand new replacement MBenz and we're talking well over 125k on the cost.

His initial take after hearing my description of MY problem,.. coupled with the fact that i've just through happenstance stumbled in here, and on the rennlist? forum, and found seemingly countless others ( i mean there's a POLL on this very issue for chrissakes!! ) who all have experienced not only the 2nd gear popout issue itself, but the PATTERN!! of PCNA's warranty denial that is systematic when an unassuming customer/owner of these incredible cars encounters when they experience this issue and report, and or attempt to have repaired their cars under normal factory warrantable conditions ( i.e. NO driver abuse, or negligence ) to a dealer. only to be told in MOST cases, that PCNA is (A) UNaware that an issue with the cars exists! ( sure, ok..) and (B) that if the issue occurs, that driver abuse is not only the contributing factor?!, but in fact the only reason this has been occurring at all. ( more BS clearly..)..

The first thing I was asked after I conveyed my recent foray into this issue with my dealership was: "did they begin, once you walked in and reported the problem to attempt to establish this "pattern of denial of warranty coverage" with any Rev1/Rev 2 "violations"?! and also act as if, they'd "never heard of such a thing!!!" gotcha! exactly, what they did..

and they clearly attempt ( systematically, which is where we can get "em! in a class action suit! ) to establish that indeed there was ANY basis for PCNA being able to make ANY claim that the car had been "abused", ( eg driven over redline, even though this isn't a redline issue, PER SE!, although as i've learned, driver abuse could in FACT be a contributory factor, as in the case of a mishift, so patiently explained to me over the phone recently by "Erik" @ carquip whom i "met" in here and who is a VERY helpful and knowledgeable Porsche trans tech, who has been kind enough to contribute in here with VERY insightful and accurate info on this issue as well as the reasons this is in fact even OCCURRING! in these cars and who will fix mine should that ever fall to me, though as i've said, i love a good fight, even though i didn't "ask for it".

but i digress..

but the answer in my case, was a very clear and resounding, NO!. i didn't do SH* T to the car..i redlined it ONCE and SOMEONE else "stage two'd" it, PRIOR to my buying the CERTIFIED car along with a FACTORY PORSCHE WARRANTY!.

...and sorry for the long winded speech.. etc.. the answer to this attorney was a simple, "yes". that's exactly what they did, and it put me IMMEDIATELY on guard, as i related upthread. it was just too odd, that they took this position, when all i did was ask them to address this issue, diagnose and i was instantly made to feel as if (A) I was going to be found responsible for this second gear synchro issue, and that (B) that they were setting me up ( sandbagging me, as i've called it ) for a denial of the claim under the extended factory warranty that i bought with the car. it just FELT wierd! and it turns out.. it IS!

that, for me, is a "no way, ain't gonna fly, lawyers live for this sh*t, i'll find one"..and i have..

so, here's where the issue stands today. i have compiled a sh*tload of this anecdotal stuff, and am in fact prepared to be the lead complainant in a class action ( no upfront costs, all contingency for the plaintiffs attorneys for anyone who joins in it etc..) suit against PCNA should that be in the cards and this material rise to the levels needed to successfully win, which it just well may!!. this will of course depend upon MANY factors, not the least of which will obviously be the scrupulous review of all this anecdotal and circumstancial "evidence" of a PRE EXISTING FACTORY WEAKNESS/DEFECT, that is a MAJOR contributory factor in the very COMMON FAILURE of these transmissions vis a vis second gear etc.

so, anyone wanna join the party, or I should say BE a party to a very real "possible"! class action lawsuit against PCNA for the systematic denial and obfuscation of this KNOWN factory defect in their trans, then please contact me somehow offline ( or on initially..) and i will begin to take names IF this meets the level of a warrantable class action, as my learned attorney at least INITIALLY believes, it will.

I negelected to mention, he's had major experience in dealing against PCNA which i think his primary reason for thinking this is exactly what i have described to him, a situation in which a KNOWN flaw is sloughed off, and the expenses passed along the the "sucker" i mean owner, of this other than this? .... GREAT car.

hit me back if you'd like more info as it becomes available.. and thx for reading.

 

Tell this lawyer about the rear main seal problems with GT3s that Porsche has been denying and he can do a "two-for". Plenty of guys in the GT3 forum who would join the suit.

 

Hope your rant made you feel better because its unlikely that any lawyer is going to do anything for you.

 

fyi there is a bmw m3 rear subframe issue class action lawsuit going on right now, might be worth looking at

 

dont have the m3.. just the stock 07 335i plus its nearing the end of my lease. but had my share of issues with it as i mentioned..but this 7 yr old tt which i bought as a car i eventually will mod/track etc..i just figure if this trans problem has been discovered so early into MY owning it, let me do what i can to get them to own up to the "problem"! but the bmw is also a marvel of power/handling for its class/price etc. in fact, i'm certain with the paddle shifters and sport pkg etc, its the best daily driver ever made. far as i know anyway..

 

yet another reason why youre not representing me, ha. what is it with online forums and replies like that. is this an "every room's gotta have one" bit?!

 

wish i could man, but he hasn't officially taken it on, and there's no gurantee he will, it's just i am very encouraged by his initial reponse to my enquiry, and the fact he's battled pcna before, and this is exactly what he does for a living day in and day out, are incredibly auspicious, for me, and perhaps others.

ps, for the guy upthread who made the less than encouraging rather snide aside, that "no attorney is gonna bla bla bla" etc..

lawyers do this sh*t for a living, ya know. "class actions" are big bucks, and not that difficult in terms of threshold of culpability. really all ya gotta do is prove there's an "issue" and that there's a systematic refusal or obfuscation of the truth, and a pattern of denial, and bingo. we have a winner. it's just a hassle and involves a lot of time, and organization, and compiling data, and victims/details etc...

none of this is gonna stop me from getting a new one, or tricking this one out, but it MAY prevent me from having to pay to replace those gears, and get some other ppl their money back. sounds like a fairly noble pursuit to me. just cos YOU probably wouldn't do "it" doesn't mean it isn't worth "doing"! ha.

 

There was a class action suit going on regarding the subframe on the E46 M3's and BMW just lost the suit...I got a letter a few weeks ago from BMW saying I could bring the car in to get repaired for free or if I already had the repair done they would reimburse me and I don't even own the car anymore.

 

i meant that someone else has brought a class action suit (and won) against a major car manufacturer (bmw) so it might be worth looking into for reference/info

 

i dont have a car with the popout issue, but I support you! I know that if you are successful, a lot of members will benefit from this. I jsut got 6 subframe letters for the e46 m3s I have owned in the past, so that proves that when there is a will, there's a way! good luck!

 

this is exactly the kind of stuff, i'm talking about. these companies plan on ppl NOT banding together. they plan on people "laying down'. i told this guy if he called me "boss" one more time ( that was my FIRST clue btw ) that i wasn't feelin the condescension, and knew right then and there.. that they were gonna try and f*^k me.

the guy i'm speaking with is a seasoned pro, does this for a living and i would imagine takes some pride as well as pleasure in his "wins" for the "little guy", which if this rises to the level of class action, will be a whole bunch of little guys. what would anyone wanna bet that the mere THREAT of this gets MY trans replaced?.. at the very least.

that's all i want, and im just doing this sh*t NOW rather than trying to scrape myself and my trans up of the floor, after they've pulled their little BS game. i smelled a rat, came here, heard some horror stories, called the right guy, and..

we shall see what we shall see, but seriously, if anyone knows of anyone having had this problem, do em a favor, tell em about this cos this might just go somewhere. and wouldn't that be cool. if not? well, it won't be for lack of trying.

 

thank you very much. really.

 

I think what irks many of us (myself included - I had the popout issue, but fortunately my aftermarket warranty covered most of the cost of replacing the entire transmission) is that Porsche KNOWS there is an issue - it has been reported in online forums far too often to be a fluke issue, or even a driver related issue. These failures are occuring at anywhere from 5,000 miles on up, and this is not a normal fault for any vehicle. It is simply an issue of poor design of the 1st / 2ncd gear synchros - they are underengineered (or more precisely, poorly engineered) for the power of the motor.

YES, it is a high perfomance car and YES, we drive them aggressively, BUT - how many late model corvettes, vipers or shelby mustangs owners have to replace their transmissions after 5,000 or 10,000 or even 30,000 miles? From what I see on the street, those cars have the crap driven out of them at least as much, if not more, than Porsches. And those are the vehicles produced by the supposedly "inferior" domestic manufacturers, not the fine machinery that the propaganda we are peppered with ad nauseum tells us is put out by the supreme "German engineering" .

I love my TT, and I enjoy driving it, but until Porsche starts stepping up to the plate to acknowledge its own manufacturing flaws, such as the RMS issue in GT3's and the popout issues in turbos, I would NEVER buy a new one.

Rant over.

 

I got a letter about this suit....should I join? My M3 had the rear frame enforcement done already

 

Join so you get reimbursed.