Okay

Yes

The letter was sent on 8/2/24.

LETTER OF CLAIM - BL67 DKN Big Motoring World Bailey Drive Gillingham Business Park Gillingham Kent ME8 0LS To Whom It Concerns /Big Assist, Please treat this as a formal letter of claim pursuant to pre-legal action for refund of all costs plus interest owed in the purchase of vehicle BL67 DKN from Big Motoring World (BMW) Enfield on 17 January 2024; costs for diagnostic inspection of the vehicle on 23 January 2024; travel by public and private transportation required since purchase of the vehicle; and compensation for the inconvenience caused. On 18 January, I discovered the vehicle was not of satisfactory quality as the engine management light illuminated on the dashboard, the car was juddering when driven and the engine subsequently cut out. You were immediately informed and offered to check the vehicle on 25 March 2024 advising it should be driven with caution in the interim. The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality. This vehicle is not of satisfactory quality, as described, roadworthy or fit for purpose. You are therefore in breach of contract. On 19 January 2024, I therefore submitted to you a written Notice of Rejection under The Consumer Rights Act 2015 requesting collection of the vehicle and refund of all monies paid towards its purchase. On 19 January 2024, Black Horse Ltd, through which the vehicle is financed, was also notified of the rejection and agreed to investigate my complaint. On 19 January 2024, the Citizens Advice Consumer Service was informed of the issue (case ref ............) and agreed to investigate. On 22 January 2024 you, BMW, acknowledged receipt of my rejection and request for refund. On 23 January, I notified you in writing of my intention to have a diagnostic inspection carried out on the vehicle independently. The inspection report and estimated cost for repair work is attached. On 1 February 2024, Citizens Advice write confirming the issue is reported to Trading Standards. I therefore do not consent to any inspection, or diagnostic appointment or repair to be undertaken and you doing so does not surrender of my right to reject, as my rejection of the vehicle remains and is not withdrawn. You are therefore asked to arrange collection of the vehicle and process a refund to me of all monies paid plus VAT and interest incurred within seven days, no later than 15 February 2024. If you fail to meet my request, then I will begin legal action without further notice. £99 - Reservation Fee £299 - Administration Charge £3,808.40 – Deposit (£4,701 minus £892.60 paid to clear settlement on my p/x car) £60 – diagnosis report Total £4,266.40 I look forward to your prompt reply to bring this matter to a final resolution. Yours sincerely,

The only amendments made to the letter was inclusion of the deposit amount for refund and removal of the paragraph which you said was repeated. The deadline for their reply was not changed.

Update. The LOC was issued to BMW on Friday. They have just emailed me the following…. This email is to confirm we have received your rejection request. We will now be reviewing this for you and will be back in contact shortly.

The purpose of raising the recall issue is to demonstrate that BMW mislead customers. In this case an issue confirmed as outstanding on the vehicle, does not exist as was resolved in 2018. So yes, it does not appear to relate to the current issues with the car so I’ll not include it in the LOC. The recall excerpt from the checklist document is attached. Adobe Scan 7 Feb 2024.pdf

Thanks. I’ll remove the repeated paragraph. Re: total of claim. Was still double checking my calculation hence XXXXX. But can now add in figures. Re: recall. In documents emailed to me after the vehicle purchase, BMW state the car has an outstanding recall and to contact DVSA for further details. I did this and they put me onto Mini UK, as the manufacturer, who confirm recall was resolved in 2018 and there is nothing outstanding on the vehicle. Have tried to upload copy of relevant doc for you to see but system is saying wrong type of file ???

Any thoughts on the letter of claim ? Is it suitable to send to BMW today once refund amounts are added.

Hello I’ve drafted the letter of claim below to the best of my ability. Please can you review and amend as needed. Thanks Big Motoring World Head Office, Bailey Drive, Gillingham Business Park, Gillingham, Kent, ME8 To Whom It Concerns Re: Letter of Claim Please treat this as a formal letter of claim pursuant to pre-legal action for refund of all costs plus interest owed in the purchase of vehicle BL67 DKN from Big Motoring World (BMW) Enfield on 17 January 2024; costs for diagnostic inspection of the vehicle on 23 January 2024; travel by public and private transportation required since purchase of the vehicle; and compensation for the inconvenience caused. On 18 January, I discovered the vehicle was not of satisfactory quality as the engine management light illuminated on the dashboard, the car was juddering when driven and the engine subsequently cut out. You were immediately informed and offered to check the vehicle on 25 March 2024 advising it should be driven with caution in the interim. The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality. This vehicle is clearly not of satisfactory quality, roadworthy of fit for purpose. You are therefore in breach of contract. On 19 January 2024, I therefore submitted to you a written Notice of Rejection under The Consumer Rights Act 2015 requesting collection of the vehicle and refund of all monies paid towards its purchase. On 19 January 2024, Black Horse Ltd, through which the vehicle is financed, was also notified of the rejection and agreed to investigate my complaint. On 19 January 2024, the Citizens Advice Consumer Service was informed of the issue (case ref 18200730) and agreed to investigate. On 22 January 2024 you, BMW, acknowledged receipt of my rejection and request for refund. On 23 January 2024, I discovered in an emailed electronic document dated 17 January 2024, that you confirmed the vehicle as having an outstanding recall. On 23 January 2024, I contacted the DVSA, and vehicle manufacturer, Mini UK, and it was categorically confirmed that no outstanding recall exists on the vehicle. You are therefore in breach of contract for inaccurately describing the goods supplied. On 23 January, I notified you in writing of my intention to have a diagnostic inspection carried out on the vehicle independently. The inspection report and estimated cost for repair work is attached. On 1 February 2024, Citizens Advice write confirming the issue is reported to Trading Standards. The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality. This vehicle is not of satisfactory quality, as described, roadworthy or fit for purpose. You are therefore in breach of contract. I therefore do not consent to any inspection, or diagnostic appointment or repair to be undertaken and you doing so does not surrender of my right to reject, as my rejection of the vehicle remains and is not withdrawn. You are therefore asked to arrange collection of the vehicle and process a refund to me of monies paid plus VAT and interest incurred within seven days. that is 14 to February 2024, you fail to meet my request, then I will begin legal action without further notice. £99 - Reservation Fee £299 - Administration Charge £XXXXX – Deposit (minus £XXXX paid to clear outstanding finance on my p/x vehicle) £60 – diagnosis report Claim Total £XXXX Yours sincerely,

Thanks I will work on the draft letter of claim and once done will post here. Co-incidentally I have just arrived home to find by 2nd class post, service history documents for the car sent by BMW. This is the first I’m seeing of these documents . Should these not have been made available for my review at the dealership before purchase of the car ?

Have checked and MOT was carried out by an independent garage.

I did notify BMW allowing them to inspect the vehicle is not a withdrawal of the rejection. But will issue this notice again. I did have diagnosis completed independently and shared the report on this platform. Yes, car came with MOT until Oct/Nov this year. Do not know where carried out.

Appears to be the latter. Have asked BMW to clarity.