If the garage fits a part that turns out to be faulty and it has not been fitted very long, you may be entitled to a refund or you could ask for the part to be replaced. You can opt for a repair as an alternative and still retain your right to a replacement or refund if the repair is unsatisfactory. If the part fails within the first six months it is the garage that needs to prove it ‘conformed to the contract’ (was not faulty). You are entitled to have it repaired or replaced as long as it does not cause you significant inconvenience or take an unreasonable amount of time. If repairs are inconvenient, or will take a long time, you may be entitled to a partial refund or to rescind (cancel) the contract for the work. Remember that fair wear and tear is not a fault and not the responsibility of the garage.

If you pay for the repair or service by credit card and if the work costs more than £100, you are protected by the Consumer Credit Act 1974. Section 75 of the Act makes the card provider as responsible as the trader for a breach of contract or a misrepresentation. You are entitled to take action against the trader, the card provider or both. This does not apply to charge cards or debit cards.

The failed ecu is the result of a problem ,not the cause.There is a known issue with water ingress into the engine electric box on these e 90 models and it would appear that the original dealer did not address this problem,and so the new ecu has failed again.In my opinion,the original repair was not carried out to an adequate standard.You should not be paying again.

ok ,so this known problem with water ingress is this something bmw know about , do you know where i could find any documents on this , as i feel they havent sorted out the route cause of the issue which is how water is getting into a sealed unit which should be brand new, i have also contacted my solicitor who i am going to talk too as well tomorrow, and also if bmw know there is a fault could it be a manufacturing fault thus making them liable anyway?