BMW 1-Series Engine Siezed

[pdavie]

Hi All,

We bought a BMW120D from a speciallist BMW reseller in April.
It was 3 yrs 4mnths old so just out of manufacturers warranty.
Mileage was 57K miles.
Garage gave us the standard 3 months warranty.
We could have paid more for an extended one but didn't think we needed it on a fairly new/avarage mileage car.
The car was MOT'd by them and given a oil & filter service.

5 months and around 3K miles later the clutch went.
We got towed home by the AA and a local garage found that the engine had siezed (hence the clutch took all the strain and hence then broke).
So... £4.7K for fixing present engine or around £6K for fitting a new one.
Local garage said there was plently of oil in the engine but reckoned we must have driven through a flood, causing the engine to ingest water and hence sieze.

We dispute this as the car has had nothing but normal driving in normal driving conditions. I have also checked the oil regularly.

We have presented this to the garage we bought it from and they have "of course" told us it's out of their warranty and sierure must of been down to user error.

We are trying the "not fit for purpose" tack and mentioning Trading Standards if they don't agree to atleast look at the car.

Is this the right route to take ?
Anyone had similar ?

[raydetinu]

Reject car under SOGA; not fit for purpose, faulty etc. in writting to dealer with reasons etc. history of what happened and ask for full refund, give them 14 days to respond.
As under 6 months since purchase they have to prove the fault is not their resposibility. i.e. if engineers report required they will have to pay for it.
Send copy to HP co. if on finance.

[pdavie]

Thanks for that raydetinu. Will update thread as things progress.

[Rob S]

I was under the impression that the onus of proof being on the supplier if within 6 months of purchase related to items bought new, not second-hand. I'm not 100% sure on that but it may be worth checking.

[MARTIN3030]

The sale of goods act holds true for second hand goods as well but takes into account that the quality should simply be what you could reasonably expect from the product based on its age and how much its been used.
If the goods are less than 6 months old its up to the seller to prove they was not faulty when you bought them-after 6 months its then up to the buyer to prove-thats assuming of course the goods were expected to last for 6 months- which naturally in this case they were.

[mr ibby]

well some 1 is lieing becuase you were driving and the clutch went so hw could the engine be siezed??? thats a lie because i onw a garage and if the engine waz siezed it would not start. if it starts and goes into gear wouth out pressing the clutch then it need a new clutch not and engine. and even if u did drive in high water the car would have sucked the water throw the intake and wouls have stopped straight away not like 3 months after for more info you can call me on 07979837596