BMW Z4 Coupe - Consumer Rights Act 2015

Honest John Back Room » Motoring discussion
View Threaded
Wed 14 Dec 2016 14:06
BMW Z4 Coupe - Consumer Rights Act 2015 - Rick Baldwin
I bought a 2012 BMW Z4 from Ridgeways, now Marshalls, in Bournemouth as a birthday present for my wife on 30th June 2016. Within a month I complained of excessive corrosion, non-working air conditioning and incorrect mileage stated on their sales order form. Initially they offered remedial work on the corrosion but insisted that the air conditioning was working on the day of the sale but offered to repair it at internal charge rates at my cost. They refused to do more so I rejected the car under the terms of the Consumer Rights Act 2015.

They concentrated their efforts on the air conditioning problem and continued to insist that it was working on the date of sale quoting their engineering report. When I eventually was supplied with a copy of this report it turned out that it was dated March 2016 and therefore was irrelevant at the date of purchase. After consulting their legal department they offered to take the car back and to refund the purchase price less a deduction for use to the date of the offer as allowed for in the Consumer Rights Act 2015.

However, my wife has done less than 50 miles in the car and it has been in Ridgeway/Marshall's car park since the 9th September 2016; they want to make a reduction in the purchase price refund of £3,450, just under £100 a mile. The Consumer Rights Act 2015 only allows a deduction for use so their offer appears grossly unreasonable.

The matter now rests with the Motor Ombudsman

Reply | Report as offensive | Link
Wed 14 Dec 2016 14:26
BMW Z4 Coupe - Consumer Rights Act 2015 - RobJP

If you don't get anywhere with the Ombudsman, then Small Claims Court for the return of the vast majority of your money. As the rejection has been agreed, the only dispute is for the £3450, which is within their limits.

The ombudsman decision is binding on the garage, but NOT on you. So if you aren't happy with their decision then I'd suggest taking it to the courts.

You might want to (or Avant, the moderator on here) might want to remove the name of the garage.

Reply | Report as offensive | Link
Wed 14 Dec 2016 15:39
BMW Z4 Coupe - Consumer Rights Act 2015 - oldroverboy.

I am surprised that Ridgeways (who had an excellent reputation ) having now become Marshalls ( who are less well regarded in my book at least) are now dragging their feet.

A letter special delivery to the Dealer principal giving notice of issuance of a small claims court case will concentrate their minds.

In my humble opinion the return of all of your monies would be reasonable as only 50 miles were covered.

Reply | Report as offensive | Link
Fri 16 Dec 2016 16:49
BMW Z4 Coupe - Consumer Rights Act 2015 - Rick Baldwin
The main man at Bournemouth would appear to be Darren Chatterley but I have e-mailed Daksh Gupta, the CEO of Marshall, as well as their franchise director Adrian Beaumont who were both quite helpful initially but have now passed the problem back to Darren Chatterley in Bournemouth who has not come back to me with a revised offer. I agree with you of course and I have asked them for a full refund.

I'll check out your small claims court idea with my solicitor, thanks for the idea.
Reply | Report as offensive | Link
Fri 16 Dec 2016 16:36
BMW Z4 Coupe - Consumer Rights Act 2015 - Rick Baldwin
That's a good idea. I'll wait a while for the ombudsman to come back first.

The Consumer Rights Act 2015 was supposed to stop this form of bullying by large companies against consumers!
Reply | Report as offensive | Link
Wed 14 Dec 2016 19:35
BMW Z4 Coupe - Consumer Rights Act 2015 - SLO76
Very poor service from a main dealer on what was an expensive used vehicle. The car wasn't fit for purpose and they are required to either repair it or refund you. But I'd be concerned regarding excessive corrosion on a four year old BMW, they're not weak in this regard these days and any body corrosion at this age is more likely a sign or poorly repaired accident damage. I'd certainly be rejecting the car and persuing for a full refund. Out of curiosity, where is this corrosion?
Reply | Report as offensive | Link
Fri 16 Dec 2016 16:52
BMW Z4 Coupe - Consumer Rights Act 2015 - Rick Baldwin
Thanks for your reply. There was what I considered to be serious corrosion of the wheel nuts and hubs, to various under bonnet items and to the driver's seat rail. Although the latter was minor how can a four year old car have rust on the inside?
Reply | Report as offensive | Link
Fri 16 Dec 2016 19:37
BMW Z4 Coupe - Consumer Rights Act 2015 - SLO76
Wheel nuts, hubs and under bonnet components rust quickly with any car because they're untreated and unpainted. It's certainly not a reason to reject the car. The reason you are more likely to see the rust on the hubs and other non treated components today is down to the fancy spoked alloy wheels many cars come with which give a greater view behind the wheel unlike in ye Olden days with solid steel wheels and hubcaps.

The rusty seat rail is more of a concern and suggests dampness has been getting into the cabin but a small amount of corrosion on a part that is again untreated wouldn't be of great concern.

The only real issue then is the non-working air con which they should have fixed when informed. An approved used BMW warranty would cover this so why did they ask you to pay towards this? Did you reject the car for the rust before pointing out the aircon?

I bought a VW Caddy van a number of years ago from a VW dealer with low mileage and when I lifted the bonnet it looked like a 15yr old engine there was so much corrosion but again this was only on untreated parts especially the iron block engine. It cause no trouble in the four and a half years I had it and sold for strong money to the first viewer when I sold my business.

Edited by SLO76 on 16/12/2016 at 19:40

Reply | Report as offensive | Link
Fri 16 Dec 2016 16:55
BMW Z4 Coupe - Consumer Rights Act 2015 - pd

If the car was available to you then the mileage isn't the only factor. Time also comes into play.

If you hire a car you still get charged per day even if you don't use it.....

Non-functioning aircon doesn't stop the car carrying out the primary function of car.

Whilst it may be poor customer service they are almost certainly entitled to make a deduction after this time if the car was sitting with them through your choice rather than them taking it in and making it unavailable.

Reply | Report as offensive | Link
Fri 16 Dec 2016 17:36
BMW Z4 Coupe - Consumer Rights Act 2015 - skidpan

There was what I considered to be serious corrosion of the wheel nuts and hubs, to various under bonnet items and to the driver's seat rail.

Look at any 4 year old car and you will see corrode wheel nuts and hubs. Hubs corrode because they are not painted, same on all brands. Nuts corrode because the plating fails after widy guns have damaged it during wheel changes, same on all brands.

Underbonnet items corrode as well, same on all brands.

Driver seat rail confuses me, has it been replaced with an item from a damaged car or has your car been flood damaged at some time in the past. Suggest you lift carpets and look.

Reply | Report as offensive | Link
Sat 17 Dec 2016 15:20
BMW Z4 Coupe - Consumer Rights Act 2015 - galileo

There was what I considered to be serious corrosion of the wheel nuts and hubs, to various under bonnet items and to the driver's seat rail.

Look at any 4 year old car and you will see corrode wheel nuts and hubs. Hubs corrode because they are not painted, same on all brands. Nuts corrode because the plating fails after widy guns have damaged it during wheel changes, same on all brands.

Underbonnet items corrode as well, same on all brands.

With respect, Skidpan, I have no corrosion on my 7 year old i30 hubs, nuts or underbonnet, nor was there any on the wife's 11 year old Yaris when we sold it this year.

I'm sure you are correct in general terms, exposure to salt and neglect (infrequent washing) will certainly not help keep any car in good condition. When I worked for a component manufacturer, the underbonnet parts we supplied were all zinc plated and chromate passivated to withstand salt spra tests.

Reply | Report as offensive | Link
Sat 17 Dec 2016 12:44
BMW Z4 Coupe - Consumer Rights Act 2015 - Avant

The language so far has been admirably restrained, so I think at the moment we're within the naming and shaming guidelines.

Reply | Report as offensive | Link
Sat 17 Dec 2016 16:42
BMW Z4 Coupe - Consumer Rights Act 2015 - Galaxy

Sounds like it's been in the water at some time.

Reply | Report as offensive | Link
Sat 17 Dec 2016 18:03
BMW Z4 Coupe - Consumer Rights Act 2015 - Avant

Or it was left with the hood down when it started to rain, or in a gharage which someone thought wasn't damp.

Reply | Report as offensive | Link
Sat 24 Dec 2016 12:39
BMW Z4 Coupe - Consumer Rights Act 2015 - barney100

I think a £3,450 reduction is ridiculous. Surely if this dealer had any common sense they could sort something out. Wouldn't be a big deal to fix the aircon, replace a few rusty nuts etc. Dealers need a good repututation, word soon gets around. I bought a 2012 SLK and the centre caps were peeling, replaced without any problem at all, result I recommend them to a mate and he goes there to get his next car.

Reply | Report as offensive | Link