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As moderator I've looked through this thread and I can't see anything objectionable in the replies you've had. It's much more helpful to you if people 'tell it as it is' rather than being over-optimistic and telling you what you might prefer to hear.
You do have protection under the Consumer Rights Act - the law is more helpful to you than it used to be - but if at all possible, try to avoid having repairs done by someone other than the selling dealer, as you weaken your case this way. You can reject the car if within the prescribed period, or you can give the dealer one chance - no more, no less.
Also, while I agree that an inspection is probably not cost-effective when you're buying a cheap banger, this is a top-end BMW. The cost of repairs is in proportion to the cost of the car when new, rather than its age, and for this reason you should have had an independent inspection.
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SO !!!
What I read
You bought a specialist car (not from a franchised BMW dealer or you would have got a worthwhile warranty) and then can't be bothered to get in touch with the dealer before getting it fixed.
Under law you have no right to recompense for the way you have approached it.
If you get anything I woud be surprised, but lots of people don't research properly before buying and sadly you have been caught out.
Yes, I am sorry to hear about your experience, but the fastest way to lose sympathy is to attack people who have many years of experience as customers and/or working in the trade.
A friend of mine who is a very rich and successful businessman sold his Audi A6 4.2 litre auto to an individual who then proceeded to try and sue him for the cost of repairs. when it got to court it was thrown out as he had described it accurately, it had full service history and the buyer had a good test drive, a good look at it and paid the (low) asking price without quibble.
Yep! buyer beware.
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Great, a hothead behind the wheel of an M3, sounds ideal.
I wonder if the OP did actually go and see/drive the car: He says he saw the car a week before he went to pick it up. Maybe "saw it" meant online?
One thing's for sure, I'd damn well know about the front tyres and warped front discs if I'd driven and inspected it, and possibly spotted the oil leaks too.
Right, must go and jack off.
Edited by 72 dudes on 14/11/2016 at 15:31
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I was greatly amused by the OP's comment: "it's fair to say I have a better understanding of vehicle mechanics than the average used car buyer."
If so, why buy a car that immediately needs several hundred pounds of repairs? (especially from a dealer 3 hours away from home).
Paying for these instead of rejecting it shows ignorance of Consumer Law, but his failure to seek advice before setting repairs in motion is what has put the OP in this unfortunate situation.
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A friend of mine who is a very rich and successful businessman sold his Audi A6 4.2 litre auto to an individual who then proceeded to try and sue him for the cost of repairs. when it got to court it was thrown out as he had described it accurately, it had full service history and the buyer had a good test drive, a good look at it and paid the (low) asking price without quibble.
My car was not accurately described.
If so, why buy a car that immediately needs several hundred pounds of repairs?
I asked him if it did, I had him take it for an "inspection" as proof. Because he lied to me, I feel he should be liable for the monetary shortfall, in a manner convenient to myself, not to him. I have been honest throughout, he was the one who took the opportunity to break the law for profit.
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Thanks again for all of your comments. Maybe if I had omitted the model of car more of them would have been constructive.
Clearly I made two mistakes, according to the people who have taken their time to weigh in. One: I should have had an independent inspection done; I agree. Two: I should have taken the car back to the dealer. I know I jumped the gun paying for the repairs, but I don't have the time to play this game.
Anyway, just to clear up a few points.
I did see the car in person. I examined the brakes myself and they looked fine. Likewise with the tyres. I took the car for a test drive and didn't spot anything wrong, no warped discs, no worn brakes (the car stopped fine). However, when I picked the car up next week, I DID spot the warped discs very early on during my drive back. I have a feeling, which I am unable to prove, the dealer swapped out the brakes and tyres before collection. (Along with the gear stick that he wanted for himself. The replacement is broken and rotates on its axis. Something which I have not mentioned because I am trying not to be unreasonable)
When home, I had the car taken in for a regular service (inspection 2), expecting them to mention the warped discs (bear in mind I haven't had these changed. They stop the car so I don't mind). They told me about the problems, I went to see them and took photographs. I didn't remember the rear discs being so badly lipped when I had looked at the car. The full bill, which I paid, was £2700 (£2250 + VAT) that includes the inspection 2, new wipers, sump plug and wheel alignment which I not asking compensation for. The £1347.51 + VAT is the portion of the bill which I am asking contribution toward.
Edited by fortune51 on 14/11/2016 at 18:11
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Car (and other) sales are dealt with under the CRA - Consumer Rights Act.
Under the Act, within the first 4 weeks you have the RIGHT to return the car for a FULL refund if you have faults. the selling garage can offer to repair, but it is YOUR choice whether you accept that repair or not.
After the first 4 weeks, and up until 6 months, you MUST give the selling garage ONE attempt to fix any fault that comes up. Each fault is a separate case. If a repair fails and a fault recurs, you can reject and get a refund OR you can give them another attempt to rectify (your choice) - the garage is allowed to make a 'reasonable deduction' from the refund for the use you've had of the car.
That's it - the law. Nothing, absolutely nothing, in the law entitles you to go, unilaterally, to another garage, get a load of work done, and then demand the selling garage pays up.
Bought a car 3 hours from home ? Tough. The same applies. The selling garage has the absolute right to do any repairs. Your own choice to buy a long way from home. Nobody forced you to do so.
It's got nothing to do with the make and model of car. It's the law, under the CRA. End of story.
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"That's it - the law. Nothing, absolutely nothing, in the law entitles you to go, unilaterally, to another garage, get a load of work done, and then demand the selling garage pays up."
Absolutely correct RobJP.
Unless you give the seller the opportunity to repair the faults and he refuses, preferably in writing.
You are then free to take the car to a garage of your choice, get it repaired, and sue the seller in the small claims court for the cost of the repair.
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Car (and other) sales are dealt with under the CRA - Consumer Rights Act.
Under the Act, within the first 4 weeks you have the RIGHT to return the car for a FULL refund if you have faults. the selling garage can offer to repair, but it is YOUR choice whether you accept that repair or not.
Quite correct but remember it isn't technically a "fault". The CRA refers to "a standard a reasonable person would reasonably expect in the circumstances etc." so it is never as clear as Car Has Fault = Refund. It has to be something which makes it "unsatisfactory" for what it is.
In other words, you're not going to be getting a refund on a £2k car with 120k on the clock because of a knocking suspension bush.
Consumer websites, IMO, are wrong to use this language as it implies people have rights they do not always have and isn't what the legislation says.
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I did see the car in person. I examined the brakes myself and they looked fine. Likewise with the tyres. I took the car for a test drive and didn't spot anything wrong, no warped discs, no worn brakes (the car stopped fine). However, when I picked the car up next week, I DID spot the warped discs very early on during my drive back. I have a feeling, which I am unable to prove, the dealer swapped out the brakes and tyres before collection. (Along with the gear stick that he wanted for himself. The replacement is broken and rotates on its axis. Something which I have not mentioned because I am trying not to be unreasonable)
It does seem that you have had a raw deal, but can't imagine why a dealer would spend time and mechanics wages stripping good discs, tyres and gear lever from a car and replacing with warped, worn and broken ones. Tyres and gear lever would be immediately obvious to a buyer so why risk the sale falling through?
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A used car is USED, they tend to come with minor ailments, hence the price. What the OP should have done is bought a NEW car so he could have been 100% satisfied.
As for taking it to a workshop after you have bought, they are bound to find every minor flaw with it, they are there to make money out of selling repairs.
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Just what I was thinking. Taken for a ride twice. Imagine OP was too excited at the thought of the M3 beast to appraise the car on collection. Pity.
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Is this the followup to the earlier thread?
Or am i just a sceptic?
www.honestjohn.co.uk/forum/post/index.htm?t=116188
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Is this the followup to the earlier thread?
Or am i just a sceptic?
www.honestjohn.co.uk/forum/post/index.htm?t=116188
I'd hope not ! The same thread came to mind for me too.
Unfortunately, with this person, I think we've told him what he needs to hear, rather than what he wanted to hear. He'll now go onto pistonheads (if he hasn't already), hoping someone will tell him what he wants to hear, and that the big bad garage is all wrong, and will cough up the money. If he doesn't get it there, then he'll go on, and on, until someone gives him the sympathy he wants.
.... and then he'll go and make himself look even more of an idiot in Small Claims court. Hey ho.
Out of interest, I noticed the OP never put up the age of car or the price paid. I suspect it's distinctly at the cheaper end of the market.
Edited by RobJP on 16/11/2016 at 09:11
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If he goes to PH, he'll get the same message as here but a lot more shouty and with expletives. Pull punches they do not
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