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Can I reject my problematic BMW 320 even though it's on finance?

I bought my BMW convertible 320 CI on a 56 plate a few months ago. There was a noise coming from the car within the first month and the windows seemed to have a mind of their own. The garage where the car's guarantee was issued couldn't work out what the problem was, so it was sent into BMW for fault-finding diagnostics. BMW diagnosed the fault and the car was sent back for fixing. However the garage didn't 100 per cent agree with BMW and the car was sent to a specialist garage, which I believe they use regularly for tricky faults and engine rebuilds. They rebuilt part of the prop shaft and the noise seemed to stop.

When the car was returned to me there were further problems. The mirrors started moving and the windows went up and down of their own accord. I sent the car back and they had it for another two weeks. A whole door motor and mirror body were replaced and their BMW mechanic recoded the windows. When I got the car back the mirrors were fixed but the windows were still intermittent. To my amazement, there were black marks on my cream leather and a scuff on my seat. So, I took it back in and expressed my anger and frustration in the negligent work carried out. They took my car back in and decided that it needed a new window switch, which they replaced and informed me everything was now ok.

The day after collecting my car the entire walnut dash surround came away from its fitting. As you can imagine I was furious, and to top it off the handle for my glove box was broken too! Once again the car was taken back and was assured that this would be the last time it would need work. The scuff on the chair was re-stitched, the handle on the glove box was replaced and the walnut dash replaced and refitted properly. I picked the car up and everything finally seemed ok but my confidence in the car had totally gone. By this time I was exhausted by it all, as it was supposed to be my dream car. But, once again, a problem arose.

A shuddering noise started to occur and the car was returned once again. To my shock they informed me it needed a new clutch! The car cost me £17,000, was four years old and only had 21,000 miles on the clock, so to need a clutch at this time seemed premature. Anyway the work was undertaken, but once again another problem occurred. Another intermittent noise started and yet again the driver's side window has a mind of its own.

I haven't taken the car back in yet. I am paying for it on finance. Can I just reject it?

Asked on 16 August 2010 by robbie_qpr

Answered by Lucy
The car does seem to have a number of problems and you have obviously suffered from poor quality repairs and the failure of what is supposed to be a prestige vehicle. I deal with numerous cases like this and the best way to resolve them is always through negotiation. If the car is leased you need to involve the leasing company and the selling garage and make clear the faults that have occurred and the dates at which they occurred and the subsequent faults which followed from them. Try to gain agreement that the vehicle has not been up to scratch since you had it. Rejecting a vehicle outright for a cash refund is always problematic. First of all there will be a deduction for mileage and they may decide to fight it all the way. If you can make it clear that you are unhappy with the car the best option is usually to negotiate for a replacement - you may be able to get something which is newer and/or better spec. as some form of compensation. You can do the negotiations yourself but if you want us to get involved to see if we can get you a better outcome I will be happy to help. We normally undertake such work on a no-win-no-fee basis.
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