Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Inherently Faulty BMW

    I am seeking some advice on what are my lawful options.

    I bought a BMW motor car (on finance) from a BMW dealership. It was a used car and came with 1 year warranty.

    Throughout the year the vehicle has been in and out of the garage requiring work to be done on the warranty, to date the cost of repairs is in excess of £7000.
    I spend more time in the dealerships loan cars than my own.

    I have made numerous representations to the dealer principle (DP) as I bought the vehicle in good faith and all i have got is a vehicle littered with problems. Last month the warranty came to an end and I spoke at length with the DP as i was offered the opportunity to extend the warranty. I explained that I did not think it appropriate for me to foot the bill on the warranty when the car has been inherently faulty and that I did not want this car. The DP told me NOT to extend and that he would get me out of this vehicle and in to another one, he went on to state that in the interim the dealership would stand any further problems.

    Needless to say the vehicle has had further problems and I am again in another (very nice) loan car. The DP has told me that he can get me another car though it will increase my monthly payments by around £40. I do not want to do this as I budgeted for what I'm currently paying and do not see why I should have to pay more when they car I bought in good faith has demonstrated a history of faults.

    What can i do and what is my legal stance?


  2. #2
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    Default Re: Inherently Faulty BMW

    As the regulations stand, it will up to you to prove there are inherent faults.

    Do you have any bills or receipts for the work done so far?
    Are any of the faults recuring or have they all been different faults?

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  3. #3
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    Default Re: Inherently Faulty BMW

    There are both repeat faults and new ones...

    We have kept all of the receipts etc.


  4. #4
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    Default Re: Inherently Faulty BMW

    If it is the same faults recurring then they are liable irrespective of the warranty.


  5. #5
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    Default Re: Inherently Faulty BMW

    It is both the same and new faults. They don't seem to want to do anything other than sell me a new car and put my payments up...


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    Default Re: Inherently Faulty BMW

    what faults you will have to be more specific, a dying turbo charger or cracked head obviously has more lasting implications than a bent track rod for instance. it sounds like the garage sold you a 'friday afternoon' produced car but seem to be accomodating you well thus far in my opinion.
    i would hold my ground. at the end of the day they can only fix so many problems before the car becomes more reliable than a new one!! at least the parts are new!!

    hold out get the repairs and keep the car.


  7. #7
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    Default Re: Inherently Faulty BMW

    Have you heard of the "Sales of goods" Act.

    I had a vehicle 1 year out of warranty and a speaker failed knocking out all the electronics on the car. They were going to charge £800 to replace part. After advice I persuaded them that the fault was not consistent with the age or mileage of the car and therefore they were liable for the costs.

    If the faults on your vehicle are not consistent with its age or mileage you should battle for a solution that does not cost you a penny.


  8. #8
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    Default Re: Inherently Faulty BMW

    ***I think I am very unlucky and not meant to have one...***

    I have now got a 2006 model BMW 320si, I have had this for 3 months.
    In the last month the oxygen sensors have failed 3 times!
    This has meant we have been again put in to a loan car and again we have been told 'don't worry we'll sort it' by BMW.

    The phrase 'start as you mean to go on...' springs to mind and as we had inherent faults with the last one how should we approach this fault now with the dealer? It has obviously made us feel that we are in the same boat as before as less than 3 months in we've had the same fault 3 times...

    Would this warrant giving the car back and how would we go about getting another one? Our concern as beofre is that we are getting an inherently faulty vehicle.

    It cost £15000 (give or take a few quid) and is less than 3 years old. We got a years warranty with it but are already seeing a pattern developing.


  9. #9
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    Default Re: Inherently Faulty BMW

    Is there any particular reason for buying BMW's? The Long Haired One had a BMW316i, and apart from benefiting from rear wheel drive, this car had little else going for it. IMO you would be better to cut your losses and go for a reliable Marque.


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    Default Re: Inherently Faulty BMW

    Got to agree. I used to work for BMW emergency services and I wouldn't touch them or Minis with a very long bargepole. ;-)

    Apologies to people who I was in the process of helping, I may be gone some time.

  11. #11
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    Default Re: Inherently Faulty BMW

    I have had a discussion with the DP at BMW and he assured me that my latest fault had been resolved only for me to get int he car, start the ignition and the light come on again...

    The DP immediately took the car off me and placed me in a BMW loan car telling me that he is going to replace this car...He tells me that he's going to find me a diesel car of the same spec and that i'm to use this loan car until it is replaced - can't fault their service so far on this occasion.

    Should I cancel my insurance on my car as i'm currently in the loan car and what about my payments for the car? How long should I give them to replace and should I end up paying more?

    He's also invited me to an exclusive evening with the Hull City tigers with comp bar / food...


  12. #12
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    Default Re: Inherently Faulty BMW

    No, don't cancel your insurance, that could cost you money. Suspend the insurance. Tell the insurance company what is happening and they will suspend it for you.

    Trading Standards wants your help

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    Never phone or accept phonecalls from debt collection companies.

    If you don't believe you can win, there is no point in getting out of bed.
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    Default Re: Inherently Faulty BMW

    how does that work?


  14. #14
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    Default Re: Inherently Faulty BMW

    Ring up your insurers and tell them the car had faults and wasn't fit for purpose and the dealer is going to change it for an indentical model and in the meantime they have given you a courtesy car. Can you please suspend your policy until you have the registration of the new car.

    They will put it on suspension instead of cancelling it which would have cost you a cancellation fee. When you have the new car, give them a ring and they will change it to that and send you a new certificate and it shouldn't cost you a penny.

    Trading Standards wants your help

    Dubious website businesses
    Conterfeit alcohol and cigarettes
    Illegal sales of alcohol, tobacco, knives & fireworks to children
    Cowboy builders or tradesmen
    Car clockers
    Counterfeiters
    Aggressive selling

    http://www.ripofftipoff.net/

    Never phone or accept phonecalls from debt collection companies.

    If you don't believe you can win, there is no point in getting out of bed.
    _________________________ ________________
    _________________________ ___________________


    The Consumer Action Group needs help to cover its expenses.
    You could help by making a money contribution to-
    to http://www.consumeractiongroup.c o.uk/paypal.php?go=donate

  15. #15
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    Default Re: Inherently Faulty BMW

    done - thank you for that advice - if you hadn't of posted I wouldn't of known to do that. Apparently once I get the new car they work out the time I've been without and they credit my payments without me having any penalty...


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    Angry Re: Inherently Faulty BMW

    Mini ABS Fault.
    In February 2008 I bought a Mini One - it was 6 months old with 2400 miles on it. Since then I have had it back to the main Hull Mini dealer 3 times as the ABS warning light keeps coming on. It is still under warranty so they are happy to keep repairing it and replacing the sensor. The warranty runs out in August. I will then be left with paying out 2 or 3 times a year for a car which looks as if it has an inherent fault. The dealer doesn't seem interested in this. I would really like to take it and leave it on the forecourt and stop the payments but I don't think I'd be helping myself by doing this. I know that they'll try and sell me an extended warranty but this isn't going to happen. I'm very annoyed.


  17. #17
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    Default Re: Inherently Faulty BMW

    Daft as I know it may seem, you haven't changed a wheel lately have you??

    Often overlooked and not too well known but cause the same fault leading to the same diagnosis and the same repair.


  18. #18
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    Default Re: Inherently Faulty BMW

    No, I havn't changed a wheel. The car is currently in the garage having some wiring stripped down in connection with the ABS sensor. I do hope they find some faulty wiring as this may explain it?

    Thanks for your feedback.




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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE