BMW 320d touring - car trader problems (after sales)

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Tue 27 Aug 2013 16:57
BMW 320d touring - car trader problems (after sales) - pete_vincent

hi,

Would appreciate some advice on the following:

The short version:

bought a car june 26th from parkgate motor company (pure cars) checked over and test driven, as a result bought it. all seemed ok. got home (70 miles away) next day thought I'd put it on ramps. spotted bit of oil leak hidden by sump guard. took sump guard off to discover silicone all around bung and sump with hair line split all around casing. Also nearside lowwer BJ with excessive play (came with 12month MOT) put on diagnostic and has faulty MAF (though drives ok) Contacted company through email and at first communication was good for first month and promise of repair. Now however my calls are ignored and mail not answered (for last month). I also have no log book. Contacted Dvla and they have told me they have no record of change of ownership and if I want it it will cost £25. I have started to get the work done and will endevour to claim through small claims court.

Can anyone advise on anything else I can do.

cheers

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Tue 27 Aug 2013 17:51
BMW 320d touring - car trader problems (after sales) - Armitage Shanks {p}

http://www.honestjohn.co.uk/faq/consumer-rights

If you don't give the supplying garage a chance to fix the faults then you are on your own if you go elsewhere, re payment. SCC might work but they may want to know why you didb't let the supoplying garage have a chace to rectify the faults of which you have complained.

AA inspection might have picked all this up pre-purchase

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Wed 28 Aug 2013 11:53
BMW 320d touring - car trader problems (after sales) - Andrew-T

It doesn't affect anything that has been said, but we would have a clearer picture if we knew the age/mileage/value of the vehicle? If it cost under 2 grand it would help to explain the behaviour of the garage?

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Tue 27 Aug 2013 18:27
BMW 320d touring - car trader problems (after sales) - FP

AS is right about not allowing the supplier of the car to rectify the faults, though you will point out their failure to respond to messages after a reasonable time had passed. A recorded delivery letter demanding action from the dealer and threatening legal action would have helped your case. If their earlier messages did indeed clearly promise a repair you're on stronger ground. (I hope you have copies which make it clear exactly which problems they said they would deal with.)

The lack of log book and the dealer's failure to report the change of ownership to the DVLA are separate issues, but certainly indicative of a poor dealer.

Best of luck with the Small Claims procedure. Keep us posted, please.

Edited by FP on 27/08/2013 at 18:27

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Wed 28 Aug 2013 00:10
BMW 320d touring - car trader problems (after sales) - pete_vincent
Hi thanks for replies,
It was the short version so ill just add to give a little more insight.
I did give the garage plenty of opportunity to solve the problem. Under their instruction I got local quotes, then under their instruction waited for a date to return it. Then the correspondence stopped. I communicated via email (to keep evidence) and in the end after waiting 6 weeks and being ignored, sent all copies of email to them as letter sent recorded. I have sent two copies to them, both of which have been ignored. I have sent my intention to get the work done and claim through scc, giving them a two week deadline to respond. They didn't.

Also whilst I am far from a mechanic, I doubt the AA would be able to detect a split sump unless they put the thing on a ramp and remove the cast oil sump shroud/guard that conceals the sump. Admittedly the lower ball joint was over looked but when checked the wheels for play they didn't seem excessive. My point there was the play in the lower bj should have at the very least been an advisory on a new mot which makes me question the integrity of the test centre.

I do appreciate your replies, though my question was more directed at what options i have and if there is anything I can do re my v5 other than paying £25

Cheers

Pete
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Wed 28 Aug 2013 11:29
BMW 320d touring - car trader problems (after sales) - pd

DVLA are way behind with logbooks at the moment (mainly thanks to their idiot idea to close all the local offices so are snowed under at Swansea). A lot of dealers also tend to send the V5's off in batches at the end of the week which delays things. I would wait a while.

As to the other things - oil leak you probably have a case but the other bits depend on the age and mileage of the car. If things have simply worn out due to age and use then you have no claim unless they have failed very prematurely. Advisories are not a requirement - merely "best practice" so the tester didn't have to advise.

Suspension parts are very difficult to claim for as they are considered things which just wear out - which they do. You can't really claim them as a "fault".

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