bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - icanotellu

Hi everybody,

first of all, thanks for looking into my thread!

i bought a car from a dealer located in Edlesborough, and i paid in full 10 days ago. when the car got delivered on last tuesday, i found that there are a few things i wasn't expecting at all.
1. there is a dent in the rear bumper. my guess is that it was caused because of reversing towards a pole or something like a pole.
2. spring of the left hand side of storage cover / roller blind is broken, so when it is applied there is no tension on the left hand side, but looks like too much tension on the right hand side.
3. in the advert they put on autotraders, it said 35000 miles on the clock. but when the vehicle arrived it has got 36118 miles instead.

i tried to communicate with the manager called alan, but he has got a really bad attitude regarding this. after he admitted that they didn't check the functionality of the roller blind, i said 'oh my god', then he had to give a 5-minute lecture about how improper he thought for me to say omg. he also said that no dealers will check the roller blind even the bmw main dealership wouldn't do it. before talking to him i have been to mercedes-benz which is just 5 minutes walk from my house. i told a dude working there about the dent about the roller blind. i asked him if they would sell a car with problems like mine without telling the buyer before delivering out. he said they definitely wouldn't advertise it!

i haven't driven the car on any street at all yet, and except the only time that i turned the engine on was to get the car parked in my parking bay on delivery day. i coudn't go there and pick it up myself, because it will take me 10 hours on the road and i have a dog living with me.

i contacted citizen advice bureau, but there's not much they could do to help. as they advised i have sent a formal email to the dealer and asked for a FULL refund. the manager of the company, alan, replied that it would be my liability for the cost of delivery, collection and ROAD TAX. after calling citizen advise bureau again, i was told that if i want to get those cost back, i have to get a solicitor, and it will be the Judge's call about who should pay for the cost.

hence i do need a good solicitor now, and does anyone know how much will it cost me? most importantly, would i win the case???

please advise!!!

thank you guys so so so so so much!!!!!!!!!!!!!

car details: BMW 09 plate X3 SE Auto, price paid £16400.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - galileo

A judge might reasonably ask why you would pay so much money for a car without personally inspecting and test driving it to make sure it was of the quality you wanted.

Pursuing compensation may not guarantee success.

The faults you complain of are fairly minor, you are fortunate the dealer is willing to refund cash so readily, given the many examples of far worse defects posted on here with complete refusal to fix by the selling dealers.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - icanotellu

thanks for your reply.

it is reasonable to raise that question. i have just passed my driving test 6 months ago, and to be honest i wasn't very sure i could drive that far safely. i have only been on motorway twice. also, i have a dog at home, and just don't want to leave him alone for too long.

i have no idea what my chance of winning is like. i just feel that everything happening now is just because they didn't tell me the real condition of the car.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - skidpan

i have just passed my driving test 6 months ago, and to be honest i wasn't very sure i could drive that far safely.

So you buy a powerful, heavy SUV and you are not sure you are actually safe to drive it. Buy a cheap car, learn to drive then move up market.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - icanotellu

i am a safe driver, although i don't have much on road experiance and i am still learning.

my friend has got into an accident a year ago, and i still remember the first thing he said he was so lucky that the car he was driving was his lexus with side airbags. because otherwise he would be dead because of the side collision cause by a van driver.

after that, i decided i would definitely go for a big, strong and safe car just for my family members' and my passenger's sake.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - skidpan

after that, i decided i would definitely go for a big, strong and safe car just for my family members' and my passenger's sake.

Big, strong and heavy do not necessarily mean a safe car. The Chrysler Voyager and early Kia Sedona's were big and heavy but only got 2*'s in the NCAP tests, they just folded up.

You should have done more research before buying what is probably an unsuitable car for newly qualified driver with little experience.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - skidpan

i coudn't go there and pick it up myself, because it will take me 10 hours on the road and i have a dog living with me.

No excuse. Buy a car closer to home you can check over.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - icanotellu

thanks for the reply!!!

well, i have learnt my lesson indeed.

there wasn't a car like that one avaliable in my local area at that time, and i needed one urgently for travelling to work.

Edited by icanotellu on 03/09/2013 at 15:29

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - FP

You have rather over-reached yourself in going for this deal, I feel.

I'm sure there are far better dealers who would have prepared the car thoroughly, but there are many far worse. It was a mistake not to buy a car closer to home that you could inspect (if I understand your initial post correctly you did not personally inspect it).

The details you're unhappy about are relatively minor, fortunately.

I'm not a lawyer, but I would think getting back from the dealer the costs of delivery, return and road tax might be problematic - you would have to prove something fairly significant against the dealer and it's difficult to see what. In the event of failing to do so, you could be landed with hefty legal costs.

The only thing you might want to do is run it past a solicitor and take their advice. (Some will offer a free half-hour.) I wouldn't expect much.

P.S. Some of the previous posts might seem a bit blunt, but it's typical of us here to give frank responses - and even advice that wasn't asked for! I hope you don't think anyone is being deliberately unpleasant.

Edited by FP on 03/09/2013 at 15:53

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - skidpan

Just for the record where approximately do you live. To be 10 hours form Edlesborough you must live north of Inverness.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - icanotellu

i am living in manchester, and it will cost me 5.5 hours to get there. if i am not happy about the car, i will have to spend the same amount of time to get back to manchester. even though it is only 138 miles away, but i have to make at least 3 changes on train and etc. the total time of travel is caluculate by jouney planner. i should make it clear before. sorry my fault.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - skidpan

i am living in manchester, and it will cost me 5.5 hours to get there. if i am not happy about the car, i will have to spend the same amount of time to get back to manchester. even though it is only 138 miles away, but i have to make at least 3 changes on train and etc. the total time of travel is caluculate by jouney planner. i should make it clear before. sorry my fault.

So you bought a car unseen rather than take the time to view and check it out.

Surely its better to waste 10 hours or so instead of wasting £16000.

I cannot believe there are no 09 plated BMW x3's for sale in Manchester or the surrounding area.

A 4 year old car is highly likely to have faults, the ones you list are minor.

Get an RAC or AA report before you buy in future.

You have a lot to learn about car buying.

Rule 1 - Never believe a motor trader.

Rule 2 - Never believe a motor trader.

Rule 3 - Refer to rules 1 & 2.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - Simon

If you wanted a faultless car then you should have bought a new one or at least personally inspected it before you bought it. You have been very naive.

Anyway if you have spent over £16000 on buying this car then just get the bumper and blind sorted out if you can't live with the faults. They are very minor things and I would have thought a few hundred quid spent wisely would fix them satisfactorily.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - leaseman

It's a pity that all the contributors so far have failed to help in any way. Put up or shut up!

Assuming you havd not inspected the car, or had any face to face contact with the vendor {seller of the car} then you had 7 days, from delivery of the car to you, to reject and return the car under the Distance Selling Regulations and demand a fulll refund. The question of cost of return to the vendor depends on the vendors terms of sale that are made clear before the sale. They cannot, under any circumstances, claim for delivery cost or Road fund license but can demand [ if in their T &C's ] ask you to pay for return charges or for you to return the car to their premises. The CAB should have explained this and they are negligent in not doing so [ as all the posters above are similarly guilty!] . Email the vendor now and reject the car under this law and state that you will return the car tomorrow, citing their previous demand as being totally illegal .

Edited by leaseman on 03/09/2013 at 19:32

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - skidpan

It's a pity that all the contributors so far have failed to help in any way. Put up or shut up!

Assuming you havd not inspected the car, or had any face to face contact with the vendor {seller of the car} then you had 7 days, from delivery of the car to you, to reject and return the car under the Distance Selling Regulations and demand a fulll refund.

This is what really annoys me about some of the do gooders that come on this site. The distance selling regs were introduced to protect buyers from rogue traders not to enable buyers to change their minds because of three minor faults with a car they could not be bothered to go and view before buying for some convenient reason. which in this case was leaving his dog at home.

I feel sorry for the traders in these instances, why should they foot the bill because a 4 year old car has 3 minor faults that would have been instantly noticable on inspection thus fails to meet the expectations of a seemingly naive buyer.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - leaseman

Hi Skidpan. This section of the Forum is entitled "Legal Matters" and it's an invitation to consumers to request legal advice regarding motor cars, their purchase, running and disposal. Since Lucy B-C disappeared, there has been a distinct lack of expertise being exhibited and it's a pity that this Forum cannot rise to the challenge.

I don't contribute myself, but there is, I believe, a type of Forum - is it called t***ter? that welcomes all forms of unhelpful comments that don't address the issue, but are very well read and popular.

I have been involved in the Motor Trade for over 40 years and have some sympathy with your comments, but if you are Distance Selling.......comply with the law! Full Stop.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - skidpan

All the other replies agree the OP has been foolish, even the OP acknowledges the fact.

Why should others pay for that foolishness when there is nothing wrong with the car.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - leaseman

The OP has bought goods that have not fulfilled the promise that they expected.

They bought the goods unseen.

The law says that they have 7 days [ actually 7 working days, a fact that I did not clarify previously] to return the goods to the seller and demand a full refund. They do not need a reason - a change of mind is sufficient.

Whether they were foolish or not, sobeit! This is a Forum to give advice, not to act as a braying mob to pour scorn on the OP who is requesting assistance, very humbly, from those that they think may be able to offer advice.

If I were to sell anything online, I would make it clear what the buyers rights are.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - tony g
(i bought a car from a dealer located in Edlesborough, and i paid in full 10 days ago. when the car got delivered on last tuesday, i found that there are a few things i wasn't expecting at all.)

It's probably to late to reject the car already ,depending when the clock starts ticking ,from the date of order and payment or the date of delivery .

I agree on your interpretation of the distance selling regulations ,but that doesn't make it fair or reasonable .You would have to wonder if a case like this went to the SCC whether the judge would find in favour of the garage .As we know a judge in the SCC is not bound by precedent nor does a case in the SCC set a precedent .

My belief is ,this is a simple case of buyers remorse ,a well known phenomenon in the car trade .a buyer thinks for the months about which car to buy ,once a car is bought the excitement and anticipation is over . Reality kicks in and the car is not the world beater that was hoped for .
bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - FP

"This is a Forum to give advice, not to act as a braying mob..."

Advice was given - maybe not expert legal advice, but considered, common-sense advice.

As for the "braying mob" comment, that sounds like an inflammatory attempt to pour scorn on those who have at least attempted to deal with the question asked. I am not very happy about being described like that.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - galileo

The law says that they have 7 days [ actually 7 working days, a fact that I did not clarify previously] to return the goods to the seller and demand a full refund.

A key phrase here is "to return the goods to the seller" . The OP has been offered a full refund but is not planning to return the goods, hence the seller quite reasonably feels the OP should pay the cost of collection.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - leaseman

Tonyg. British law has long accepted that "buyers remorse" is a valid reason for a consumer to renege on a contract- Consider the provisions of the Consumer Credit Act for finance agreements that are not signed on trade premises. Distance Selling Regulations give cash buyers a similar exit route- whether we like it or not.

A judge in the SCC is not bound by precedent, no, but he is bound by the law, and we are not talking about a subjective view here. The goods do not need to be faulty or misdescribed for a buyer to reject them, They have 7 working days from the day they take delivery of the goods to rescind the contract of sale and demand their money back.

We may find those provisions onerous for the honest trader who has incurred expenses in preparing and delivering the car, but they exist in black and white and a judge isn't going to change that! Only parliament can!

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - thunderbird

i haven't driven the car on any street at all yet, and except the only time that i turned the engine on was to get the car parked in my parking bay on delivery day

The OP has not even driven the car yet, this must be a case of deciding he does not like its looks or colour or perhaps it does not fit the parking space.

I wish 4 year old carsI had bought had such minor issues.

Hope it is insured, if not it will soon be towed away and that will be another issue. Insurance on one of these 6 months after passing your test cannot be cheap.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - Avant

On a forum like this we have to 'tell it as it is', but it should always be done politely even if it isn;t what the questioner wants to hear.

The first reply you got, from Galileo, admirably sums up the situation. You really do need to inspect goods of this sort of value and complexity before you buy. A reputable dealer should put the faults right if it can be proved that they existed at the time of sale: surely better to ask for this, or a refund if you can get it, than to go to court where you will have a lot of hassle, possible legal costs and no certainty of winning.

bmw x3 (09) SE Auto - problems with a secondhand / used car i have just - Andrew-T

This whole thing is rather a silly story. I suspect there has been an underlying belief that it's a BMW - bound to be OK. It's a 4-year-old car costing 6 grand more than I have ever paid for a car in the last 50 years. It is daft to buy a car by mail-order, it has to be inspected, at least cursorily, by someone. And it may always be possible to get it cheaper from Amazon?

Edited by Andrew-T on 06/09/2013 at 12:50