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BMW 320td - Taking finance company to court - Brayo1971

Hello, I wonder if you could help me - I'll try and keep the background as brief as I can.

I'm in dispute with the finance company and dealer I bought my car off.

i bought the car 4 months ago (BMW 320th 03 plate 68,000 miles on the clock £4,500). A couple of weeks ago the car suffered engine failure. A 'Swirl Flap' had broken off and was ingested into the manifold and engine etc repairs have been estimated at approx £4,000.00. I have been trying to hold the finance company to account under the Sale of Goods Act (I have been receiving advice from Trading Standards). The finance company sent out DEKRA to carry out a engineers report. The issue here is if the 'fault' could have existed or been developing when I purchased the car. The DEKRA report states that the flap had failed suddenly and unpredictably and could not have been broken at time of purchase. It should be noted the finance company's instruction to the engineer was fairly leading and it was obvious what they wanted the outcome to be. I have corresponded with several BMW 'experts' that have suggested that the flaps can fail due to debris build up over a period of time (that is they can work loose etc), The report also suggests BMW have acknowledged this issue with improvements to the design although I have correspondence from them saying this is not the case.

i would welcome your comments,

Regards, Neil.

BMW 320td - Taking finance company to court - madf

Known problem. Search BMW forums..

"The report also suggests BMW have acknowledged this issue with improvements to the design although I have correspondence from them saying this is not the case. "

#

A downright lie. Design has been changed.

BMW 320td - Taking finance company to court - injection doc

yep I 2nd that. very common problem, well known & Mercs suffer the same fate too !

The flap would of been floating around for some time as they suffer wear before they break !