BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles

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Sun 27 Nov 2011 23:08
BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles - Woody37

I would appreciate help please on where to turn.

I bought the car new in April 2007, to keep 10 years doing 10K mostly off-peak miles p.a.

Had BMW Main Dealer Servicing for 3 years, then turned to an Independent Garage who did the next service in May 2011.

The turbo failed in October 2011 at just 45K miles.

I phoned BMW UK who were unhelpful as I had no extended warranty. Local Franchise wanted £180 per hour to even look at it. I went back to the Independent and had a new Turbo fitted, cat cleaned etc for £1,700.

I sent the receipt to BMW UK requesting a reasonable contribution as failure at 45K was (a) Totally unacceptable and (b) a known fault on this model.

Two letter swaps later BMW say I stepped out of their Dealer Network, didn't take out an extended warranty and, well, "F off" basicaly.

So, LEGALLY where do I stand? The issue here is premature turbo failure at a ridiculously low mileage on a £26K car.

HOW do I persue this further and under what line of law - Sale of Goods Act, etc?

Small Claims Court?

Help really appreciated. BMW are being disgustingly arrogant IMHO. Will NEVER touch one again.

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Mon 28 Nov 2011 08:20
BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles - RT

Mine isn't a proper legal opinion but I don't see that you have any claim on BMW - they honoured the original warranty, you didn't take out an extended warranty and no longer use BMW dealers. Any manufacturer contribution is always dependent on full franchised dealer history.

Any claim under Sale of Goods Act is against the dealer NOT the manufacturer.

Occasionally a component fails early in it's expected life - that's what the warranty is for - I think you need to bite the bullet and move on.

How about a Kia with 7-year warranty - particularly now they're starting to build interesting cars.

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Mon 28 Nov 2011 16:14
BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles - ifithelps

The car is more than four years old and has covered a distance equivalent to almost twice around the world.

No harm in asking BMW, as you have done, but I don't think you have any other form of redress.

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Wed 4 Nov 2015 16:31
BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles - concrete

Hello Woody37, I have much sympathy with your situation. A BMW turbo should not fail at 45K miles. However to pursue a claim you need to demonstrate that you have taken all the correct precautions against turbo failure. As HJ often points out, when the car has been on an extended run and the turbo is very hot, it needs to cool down with the engine idling for a couple of minutes to maintain lubrication to the bearings. I have followed this advice for many years and no turbo problems at all. Very difficuly call to make a legal challenge with.

My brother and brother in law are both badge snobs. In the 10 years since I have owned my Skoda Superb their Mercedes and BMWs' have been a tale of woe. One Merc had 4 new turbos in 18 months alone. The BMW had a turbo failure at 15K, new engine mounts at 25K plus other niggles not expected from an expensive 'superior' badge. My Skoda: zilch, nada, nowt. Just good reliable motoring. They have now both changed(post retirement-own bills) to Audi and Ford. Premium prices for premium cars don't always add up to premium motoring or satisfaction guaranteed. Best of luck. Cheers Concrete

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Mon 28 Nov 2011 19:09
BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles - bonzo dog

Hi Woody, sorry to hear of your problems & a few points if I may:

  1. BMW UK have no liablility. In UK law your contract is with the retailer, not the manufacturer
  2. You have up to 6 years from purchase to take action on faulty goods under Sale Of Goods Act
  3. Sale Of Goods Act basically says the goods have to be a/ as described; b/ fit for the purpose; c/ in reasonable condition & d/ durable.
  4. So in your case it is the "durability" that is in question. The question being is "should a new BMW turbo last for more than 4 & 1/2 years & 45k? Unfortunately only the courts can answer that question, so you would need to take legal action against the retailer to find out the answer.
  5. It may be that the first step on the legal ladder persuades the dealer to cough up; on the other hand he may stand his ground. Not very good news, I know but let us know how you get on

Good luck

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Tue 29 Nov 2011 00:15
BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles - Woody37

Thanks for the replies.

It sounds like I risk throwing good money after bad pursuing this arrogant excuse of a Company.

It is certainly my last BMW and also my last diesel as I now consider them overly complicated and of very dubious economy.

My next car will be Japanese or Korean, petrol and 2-3 years old.

What a miserable experience this has been.

Woody

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Tue 29 Nov 2011 02:21
BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles - ifithelps

...My next car will be Japanese or Korean, petrol and 2-3 years old...

As good a choice as any.

But a major mechanical fault on any modern car will set you back serious money.

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Tue 29 Nov 2011 08:31
BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles - RT

The Koreans (Hyundai and Kia) are introducing smaller capacity turbo-petrols as are the mainstream Europeans - so after the current generation of cars it'll be quite difficult to get a non-turbo anywhere.

If you want uncomplicated performance, a Vauxhall VXR8 is the way to go - but you'll notice the lack of economy!

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Tue 29 Nov 2011 13:28
BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles - bonzo dog

I risk throwing good money after bad pursuing this

I do know that if it were my £1700 I would at least be exploring the options & threatening legal action to see what reaction it provoked.

But it's not my money that is at risk, so I guess it's easy for me to say.

Have a look at http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195812 & http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm#Types_of_case_dealt_with_in_the_small_cl before you finaly decide.

Good Luck

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Sun 11 Dec 2011 10:07
BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles - schneip

I'll probably be making myself very unpopular here, but as a BMW owner who pays up and extends his warranty I'd have been very cheesed off if they'd have covered the costs of putting this car right. I own one of the last E46 320d's and was aware from this site of the swirl flap issue - another 'known fault' - and so covered myself. Why should people like myself pay to cover ourselves against issues like this when others simply don't bother and yet still get protection despite not keeping to BMW dearlerships for their servicing? Am I alone in thinking this would also not be fair??

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Sun 11 Dec 2011 18:34
BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles - RT

Depends!

The Sale of Goods Act (SoGA) requires every product to perform in a reasonable way in relation to it's price - and purchasers are entitled to recourse without having to take out additional insurance at their own expense.

The fact that you've got double cover by paying for an additional protection simply isn't grounds to say that it's unfair if the OP gets recompense for free while you've paid for it.

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Sun 11 Dec 2011 23:28
BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles - Woody37

Well, a third letter to BMW threatening legals provoked the same curt response that I have stepped outside of their dealer network and the failure is "not our responsibility.

They refuse to answer the question "Is Turbo failure at 48,000 miles acceptable?".

Obviously the answer on a £26,000 car is "No" but would a court see it that way?

I have lost £1,700 and I don't want to risk losing more unless there is a good chance of success.

Sale of Goods Act - Fully serviced to schedule (the one service post warranty carried out by a bona fide Independent Garage).

Yes or no?

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Mon 12 Dec 2011 05:55
BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles - ifithelps

If you pursue this, presumably the plan is to sue whoever has written to you denying responsibility - the importer or concessionaire.

The answer to the question is far from obvious, and should you go to court you need to ease up on the attitude a little bit - that will improve your chances.

BMW may cave in when they receive the court papers, but I think they will defend it.

You need to be certain your claim falls within the fast track system in which you are not liable for costs from the other side.

Putting yourself at risk of a costs order would be foolish, because those costs could easily amount to a few thousand.

BMW may submit they cannot adequately defend this because they have not been able to examine the car or the broken bits.

Thus they could say the judge cannot safely make an order against them.

As the defendant, BMW don't have to prove all their cars are uber-reliable, all they have to do is muddy the waters sufficiently in relation to your car.

Add the mileage, the age of the car, and the non-dealer service, and this matter looks far from clear-cut.

If you win, all will be well, I think you will struggle, but it won't be me making the decision.

The court may not be entirely unsympathetic to you - hence the point about attitude.

So it's possible you will obtain a judgment for part of the cost - civil courts also like compromises.

To me, such a judgment would be a good result for you.

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Mon 12 Dec 2011 18:52
BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles - bonzo dog

Hello again Woody, hopefully my two earlier postings have come across as me being sympathetic to your plight, but, to be blunt, you have been told in a number of posts that BMW have no liability; why are you persisting down this avenue?

Sale Of Goods Act states that your contract is with the retailer & any redress (from a legal viewpoint) needs to be sought from them, not from BMW UK.

Good luck

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Wed 14 Dec 2011 13:09
BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles - Collos25

A recon turbo for the car is well under £1k fitted whats all the fuss old cars break down at some time or other think yourself lucky its not the dreaded butterfly ingress or the shaft balancers then you are talking serious money.

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Wed 14 Dec 2011 19:36
BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles - oldroverboy

I agree with what others have said. From the dealers standpoint, and i was a parts manager in a dealers, deputising for the workshop manager at times when needed.

Your original warranty has expired, you decided to take your car outside the BMW network to an independant, (a BMW indie or just an independant garage?)

If you had come to us and your car had been continuously BMW serviced, even if the 1st 2 were with another BMW dealer and then 2 with us, even at 4 years we WOULD have asked for a contribution, doesn't always work, but you will be surprised at how often it does!

For turbo failure I would first look at if the correct lubricant sae numbers AND acea numbers had been used at the indie service.

And as others have said, your chances of success are low, so bite the bullet, and if you want a korean with a 5 or 7 year warranty, don't forget to pay for main dealer servicing (some do service packs, but check what is covered) (it may mean just inspections and oil changes, not parts) and read the conditions about inspections on time and within mileage parameters.

finally I am sorry you have had this problem, but for your next car, Check EVERYTHING, and even if it means a smaller car, buy as new as you can, and check on the Owners Clubs Forums before you buy.

Happy Motoring and Happy Christmas.

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Wed 4 Nov 2015 10:39
BMW 320D SE 2007 - Turbo Failure BMW 320D @ 45K miles - Maxonian
Mine failed at 90000 miles. BMW claims this about normal. Total cost £3600! Next time I'll go to an independent. Two year guarantee.

Their technical guy did say next time have a petrol if you are doing less than 10000 miles a year.

Oh, they gave me coffee and toast!
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