What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
BMW 525D Touring E61 - Poor Service & Rejection - Mattyn
Hi All

My car has just undergone over 35 days of repairs which to me has been the straw that broke the camels back. I want to reject the car and exchange or get a refund, but the dealer is refusing.
Back in April I ordered through the AUC scheme at my local BMW dealer a 525D M Sport. The salesman was, in hindsight, a liar and a crook, and the day I was due to pick up my new car I was informed it had been sold to someone else. I had already endured expense to changes to my insurance, and paid for the Cherished Reg transfer.

For some bizarre reason I ordered another, this time a 525D SE Touring, and for more money, and with the same salesman. After a lot of hassle to confirm delivery, it eventually was delivered late on 29 April, and with the following faults:

1. Damage to LHS doors, mirors and front bumper
2. Load Cover missing
3. Safety Net missing
4. Hand book missing
5. Central locking intermittant
6. Inoperative cup holders and ash tray cover
7. Graunching noise through power steering
8. Bluetooth inoperative
9. DVD Headrests missing
10. No Fuel
11. Poor fuel economy.

The dealer promised to pick the car up, though failed twice to meet me, and it took an irate phone call from me threatening to throw keys back at them to actually pick up the car.

When I got the car back after a couple weeks, there was still damage to left door, and # 8, 9, 10 and 11 had not been fixed. I arranged to return the car again, coupled with installing Ipod connectivity at a time convenient to me.

The car suffered with random alarm soundings, until early June when it was going off early one morning! When I went to start the car, it didn't with loads of dashboard lights flashing at random intervals. Loads of locking and resetting by me failed to start it, so calling BMW assist resulted in the car being taken to the dealer.

It is now 19 July - over 35 days later, and they have told me they have changed the following:

PDC Controller
Electronic Tailgate Controller (My car does not have electronic tailgate, only button release)
Tow Bar controller
Media Unit.

Today they told me they did not replace the tailgate controller, though last week I was informed this was being especuially manufactured by BMW Germany. I have questioned this with the dealer principal as being an engineer myself, I know you cannot just quickly manufacture an electronic controller, especially one for a car that does not have that feature!!

I want a replacement or refund - how can I convince the dealer that this is the only way forward - I do not believe the car was prepared in accordance with AUC scheme, nor do i beleiev the car has been "fixed"!!

Any thoughts greatly appreciated.

All the best, and apologies for the long post.

Matt


BMW 525D Touring E61 - Poor Service & Rejection - Ian D

Cut and pasted from the FAQ section of this site:

CONSUMER RIGHTS. How do I reject a duff car or get compensation for problems with a car I have bought from a dealer?

A

You have to invoke the Sale of Goods Act 1979 Part II Section 14, as modified by the Supply of Goods and Services Act 1982, subsequently modified by the Sale and Supply of Goods Act 1994, contending that the supplier is in breach of contract to you for supplying a car which was not "of satisfactory quality", or did not remain so for a reasonable period of time. Appeal Court Case law (Bernstein v Palmerston Motors 1987) has held that the supplier must be given three chances to rectify the fault for which the goods are rejected and must have failed to do so. The goods must be returned to the supplier together with all keys and paperwork. (Scott and Scott v Blade Motor Company 1997.) And the supplier (in the case of a car the dealer principal of the dealership) must be sent a letter by recorded delivery detailing why the car has been rejected as not "of satisfactory quality". Case law (Rogers v Parrish 1987) has put a limit of 6 months on the time you can successfully reject a car and obtain a full refund, though lesser refunds, taking account of mileage covered, may be obtained outside that period. The price you pay compared to market value will be taken into account. So if you buy a cheap car on trade terms you cannot reject it under the Act. And if you buy a cheap car (under £2,000) on retail terms from a trader, you cannot reasonably expect it to be perfect.

The Supreme Court verdict in Clegg v Olle Anderson (trading as Nordic Marine) 11-3-2003 has caused some confusion which some believe to have overruled Bernstein v Palmerston Motors 1987. In this case a yacht was supplied with an overweight keel in breach of its specification which formed part of the original contract. It was held that Clegg could reject the yacht at more than 6 months from date of purchase even though Mr Anderson had offered to make modifications to try to correct the fault. Basically, because the yacht had originally been supplied "of unsatisfactory quality" and this was admitted, Mr Clegg retained the right to reject it. For Clegg v Olle Anderson to apply to other cases, it must be proven that the fault existed on the date of sale and constituted a breach of the original purchase contract. Clegg v Olle Anderson cannot apply where a fault develops at some time after purchase. In those cases, Bernstein v Palmerston Motors 1987 still applies and the dealer has to be given three clear chances to rectify the problem.

The Supply of Goods to Consumers Regulations 2002, is derived from EU Directive 1999/44/EU which became Clauses 48A to 48F inclusive of the Sale of Goods act in April 2003. This reverses the burden of proof so that if goods go faulty within six months after purchase it is deemed they were faulty at the time of purchase and the trader has the onus of proving that the item is not defective due to a manufacturing defect.

BMW 525D Touring E61 - Poor Service & Rejection - Mattyn

Thanks Ian -

Three attempts to rectify the issues? Seems a trifle difficult to invoke if there are a number of issues - in my case 11 on delivery (though I do not think most can be reason to reject), and then the final one which has taken an eternity to remedy.

Its just so stressful and time consuming - going to write to them this afternoon officially.

Any more thoughts?

Matt

BMW 525D Touring E61 - Poor Service & Rejection - bonzo dog

Hi Matt,sorry to hear of your problems, but other than the failing to start I'm unsure what claims you have on the dealer

You see it is a used car & as such will not be in perfect condition, although many people buying BMW AUCs do think so (& I'm not saying this applies to you).

The questions need to be:

  1. Did the car differ from the description? For example it obviously had imperfect bodywork when you saw it (you did see it, yes?) - did they promise to repair this or have you simply assumed they would?
  2. Did they promise to replace the DVD headrests?
  3. Did they promise you a certain volume of fuel?

If they have promised you all the things you want, then you clearly have a case; if they didn't then you don't.

However, being unable to start the car is a different matter. You have given them opportunity to fix it & it appears that they have done so; the fact that you do not believe it has been fixed is no grounds for rejection but if it breaks down again then yes (IMO) you have grounds to reject the car.

Clearly you are not satisfied with the car or the dealer & so my advice would be to approach BMW UK. They are very customer service orientated & very proud of their AUC.

Good luck

BMW 525D Touring E61 - Poor Service & Rejection - Mattyn

Thanks Bonzo Dog - Having spoken to BMW UK customer services dept, they seemed to give the impression that the contract was between me and the dealer - not them! A bit of a cop out but it does seem I am lumbered!

I could understand it if I had bought a cheap run around from a back street car salesman. But I didn’t, I spent on the Approved Used BMW, a prestige marque, what some may spend on an brand new Mondeo or Insignia.

The answers to your questions are:

1. As described apart from the damagewhich was not there when I viewed the car – which only now, three months later is fixed.

2. DVD headrests replaced now.

3. Car should come with at least half tank of fuel.

My beef is the whole saga – one thing after another – and at what point do I stop giving them enough time to rectify the issues, and does that time start again when the next issue arises?

The whole service has been disgusting – so much so I do not want to be part of the BMW brand – my previous car was a Ford and even though they were bad customer service, they were far better than this lot! There is a premium to buying BMW approved, which i doubt i can recover when i sell this car privately.

Thanks for the thoughts

Matt

BMW 525D Touring E61 - Poor Service & Rejection - Mattyn

According to Consumer Direct/Trading Standards it appears as the repairs are complete I have no leg to stand on..Unless that is when i get it back it has other issues.

We shall see i suppose. I still feel wronged.