Used Car Warrenty problems

[catchar]

Hi to everyone. I hope someone can give me some advice. Here is goes!

On 26th August i purchased a 2001 BMW Compact. 1 owner from new, 69000 on the clock and full bmw service history, 3 months warranty. As you can imagine i paid a lot of money as i also got it from a garage.

So before i had even left the garage i realised that the back wiper was not working. The sales guy i had been dealing with gave me their mobile mechanics number for me to contact and for them to come and have a look at it. After 3 weeks of chasing and chasing for him to come, the guy finally looked at it to tell me it needed a new motor and he would go back to the garage for them to order the part and he would be in touch.

So as i was on my way home from work on wednesday this week, the cd changer in the boot stopped working.

When i got home i contacted the garage and asked them if someone could look at it. She then told me, no we do not cover that, we only cover mechanical items under the warranty. So i said, what about the wiper, you are fixing that? She then said actually we are not going to and we are not going to pay for the call out charge from the mechanic, i will be liable for that! I couldn't beleive it!

Surely these things should be fixed and paid for by them? Especially as the wiper was not working before i left the garage with the car on the day of purchase!

Any advice and comments are welcome

Thank you x

[Conniff]

Important, No more telephone calls, you need a paper trail.

 

List all you have wrong and send a recorded delivery letter and state that under the sale of goods act 1979(amended) you request a time to to bring the car in for rectification of the above at their expense.

 

If they continue to refuse, then you should write again giving them one last chance and that on failure to comply, you will take the car to another dealer for repairs to be done and will send them the bill.

You should go on, failure to pay this bill will leave me no alternative than to issue a claim against you in the small claims court with all its associated costs added to your bill.

 

Forget the warranty, that is just a nicety to make the deal more attractive and has no real power in law.

[heliosuk]

Totally agree!!. In fact I'd hand deliver the letters to them personally!

[catchar]

many thanks for your replys. I will send a letter today.

 

thanks again.

[catchar]

just an update, i wrote a letter to the garage in question and posted it recorded yesterday and low and behold i had a call from the garage first thing this morning asking me to 'at my convenience' to bring the car in and they will arrange repair of the faults.

Result! Fingers crossed it is now going to be sorted.

thank you for your help.

[Conniff]

Well done, the next post from you will, I hope, be telling us that all faults have been fixed.

Congratulations on this first stage.

 

It's funny how four letter words are frowned on, but one four letter words is really hated - 'soga'.

[catchar]

i will keep you updated! thanks again for your advice.

[catchar]

well unfortunatley i am back here again! Still no fix on the back wiper or cd player! My first letter seemed to do the trick and i thought i would get it sorted. However, on my visit to the garage for the fix it appeared that the wrong part had been ordered. This was back in the beginning of October. After leaving and being told i would be contacted the following week, nothing. So i wrote another letter stating the facts again and saying i wanted it sorted by end of october. I had the call the day after they received the letter to say they were having problems sourcing parts and that they would provide us with 'periodic' updates. That we 3 weeks ago was the last time we heard from them. So today i phone and ask for an update. To be told they were still having problems finding the part. So i said well, it was almost 5 months ago when i bought the car and i expect it to be fix asap. I suggested if they were having problems sourcing the part to go to BMW and order it for them. well he took offence to that as he proceeded to tell me they wern't going to order new parts only second hand parts as it would cost them too much money! The only way they would order a new part was if i paid half!!!!! am wrong in being totally appauled by this!?

So i am ready to take the next step, whatever that maybe.

Any comments welcome.

ps. sorry for the rant. i am just so mad!

[scaniaman]

Heliosuck, I would be careful about hand delivery of a letter. I got done with that some years back. OK if you have a reliable witness with you, but safer (more costly) to have a "signed for letter".

[heliosuk]

Very true Scania, never thought of that. Was trying to get around issue of Postman pat being in the pub all the time with mail still to be delivered on his back. Still have noticed that since my complaint you don't see them in there very much now and not with a sack of mail when I visit the area.

 

I do though honk in support when they are out as I believe the Royal Mail is one of the last bastions of Britishness left even if it does loose money. Good luck to them!!

[scaniaman]

Heliosuk, is this a job for Kwik-fit?

[heliosuk]

At this moment in time it sounds as though they'd probably do better.

[Conniff]

The next stage is to issue them with a deadline to fix the problem, I would suggest 7 days. Let them know that if it is not fixed by the 7th day you will take it to the main dealer to be fixed and will forward the bill to them for reimbursement.

[heliosuk]

The next stage is to issue them with a deadline to fix the problem, I would suggest 7 days. Let them know that if it is not fixed by the 7th day you will take it to the main dealer to be fixed and will forward the bill to them for reimbursement.

 

Is this not a risky strategy as it adds to the grief, but I see where you come from on this.

[Conniff]

Not risky, this is how it works. They only have a resonable amount of time to effect a repair and I think 5 months is more that reasonable, in fact it's taking the biscuit.

 

Making time of the essence is now the way to go. You could now seek damages for breach of contract as the car is not as described.

 

Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.