Thanks, it did. I'm still unsure what to do next? I've currently got a complaint with the FOS and I'm going to pay for a couple of independent reports from the Gearbox Manufactures Authorised Service Centres which can only help my case. I'm wondering if the gearbox is said to be faulty, could claim for the cost of replacement via an independent through small claims? I have no more faith in the official BMW Network.

Thanks for your response. It is the Finance Company, BMW Financial Services (BMW FS) who rejected the rejection. The Dealer was in on the loop, however, they stated my rejection should be with the finance company, not them. Complaints relating to the rejection were raised well within six months but the official rejection was actually 7.5 months in. I'm no expert, however, I believe I'll be covered under: Section 19 - Consumer’s rights to enforce terms about goods (3)If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer’s rights (and the provisions about them and when they are available) are— (a)the short-term right to reject (sections 20 and 22); (b)the right to repair or replacement (section 23); and ©the right to a price reduction or the final right to reject (sections 20 and 24). (14)For the purposes of subsections (3)(b) and © and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day. I have the right to Section 24 - Right to price reduction or final right to reject Section 24 details deductions for use which I am happy with and find perfectly acceptable. I took so long as I was trying my hardest to work with the Dealer, BMW UK and BMW FS, which under Section 24 - Right to price reduction or final right to reject I'm required to do. (5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations— (a)after one repair or one replacement, the goods do not conform to the contract; (b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or ©the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer. The day I received their stance the whine was a characteristic was the first time I thought I was being fobbed off and raised the rejection request as a result. At no point did I feel a rejection was required up until that point as I believed the Dealer / BMW were going to find a fix. I think that's perfectly reasonable and the CRA 2015 agrees with me.

I'll try and keep this brief. Purchased a new BMW from my Local Dealer on finance via BMW FS - October 2016. Faults and issues were raised to the dealer within days. Rattles, whines, soft/squeaking brakes, steering issues, interior defects, flaking paint. Many faults have been rectified but some still remain including various rattles potentially linked to welds and a severe whining gearbox. After various fix attempts, BMW UK investigated and confirmed the whine as a characteristic, they allegedly created a report but refused to share and circulate with anyone. An official complaint was raised to the dealer and BMW FS whereby I included a request to reject the vehicle due to the remaining issues (May 2017). The Final Response from the Dealer and BMW FS is that rejection request has been rejected due to BMW stating the whine is a characteristic of the car. No evidence was given, only that statement. The rattles were unmentioned in the response but later clarified as being part of the consideration, apparently. The Dealer has gone quiet and BMWFS have stated the case is closed unless I can provide evidence of the fault. I feel the dealer was fair in trying to fix the issues (although the damaged the car a couple of times) but now they state their hands are tied by BMW. BMW FS have been terrible throughout the whole thing and I feel completely 'mugged off'. I originally requested a repair or replacement (my preference) but I now want to return the vehicle for a refund. I want away from this brand and this experience ASAP. I have around £6,000 of negative equity on the vehicle if I were to sell the car at trade, less private - But a private sale is very unlikely due to the age and the type of car. I have an investigation open with the FOS and BMW FS have two weeks from today to respond. I feel I should get a solicitor involved but everyone I've spoken to wants between £500-£2000 to get the ball rolling with expected costs to rise depending on how far it goes. Most Solicitors have advised costs will likely exceed the value of the claim and although odds are in my favour, it's just not worth it. Where do I go from here? I'm feeling very frustrated and like I've lost already.

Hello All, I'll try and keep this brief. Purchased a new BMW from my Local Dealer on finance via BMW FS - October 2016. Faults and issues were raised to the dealer within days. Rattles, whines, soft/squeaking brakes, steering issues, interior defects, flaking paint. Many faults have been rectified but some still remain including various rattles potentially linked to welds and a severe whining gearbox. After various fix attempts, BMW UK investigated and confirmed the whine as a characteristic, they allegedly created a report but refused to share and circulate with anyone. An official complaint was raised to the dealer and BMW FS whereby I included a request to reject the vehicle due to the remaining issues (May 2017). The Final Response from the Dealer and BMW FS is that rejection request has been rejected due to BMW stating the whine is a characteristic of the car. No evidence was given, only that statement. The rattles were unmentioned in the response but later clarified as being part of the consideration, apparently. The Dealer has gone quiet and BMWFS have stated the case is closed unless I can provide evidence of the fault. I feel the dealer was fair in trying to fix the issues (although the damaged the car a couple of times) but now they state their hands are tied by BMW. BMW FS have been terrible throughout the whole thing and I feel completely 'mugged off'. I originally requested a repair or replacement (my preference) but I now want to return the vehicle for a refund. I want away from this brand and this experience ASAP. I have around £6,000 of negative equity on the vehicle if I were to sell the car at trade, less private - But a private sale is very unlikely due to the age and the type of car. I have an investigation open with the FOS and BMW FS have two weeks from today to respond. I feel I should get a solicitor involved but everyone I've spoken to wants between £500-£2000 to get the ball rolling with expected costs to rise depending on how far it goes. Most Solicitors have advised costs will likely exceed the value of the claim and although odds are in my favour, it's just not worth it. Where do I go from here? I'm feeling very frustrated and like I've lost already.