Jump to content


Pidgeon142

BMW Financial Services

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2223 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have had massive issues with my BMW and have recieved a final response from the finance company. As such I have decided to take legal action.

 

Below are my work in progress POC if anybody can advise me if I am on the right lines please feel free.

 

Thanks in advance.

 

 

1. On the the Claimant entered into a Hire Purchase Agreement with BMW Financial Services Ltd at the business premises of , relating to a vehicle bearing the registration , a BMW , the purchase price of which was £.

 

2. The Supply of Goods and Services (implied terms) Act 1973 (as amended) did imply terms into the Hire Purchase agreement as to the the quality of the vehicle referenced above. This includes that the car will be of satisfactory quality and would be fit for the purpose stated which was a high mileage car used for work as an Account Manager,

 

3. In April 2009 the Claimant reported to that the handbrake failed to hold the car on a hill. They attempted repair which seemed to alleviate the issue for a short time and that there was a clutch judder and was told to await a repair. At this time also the steering rack failed and had to be replaced.

 

4. In August 2009 the Claimant reported that the clutch judder and handbrake had worsened and that the car had developed a creak from the drivers seat as well as a fault with the rear brakes. The car was returned to me as having found no faults.

 

5. In September 2009 the Claimant became aware of the recourse to BMW Financial Services Ltd and and made a complaint to them. The car was road tested by a Master Technician at who confirmed that the car was faulty.

 

6. The existence of the faults and the regularity of the faults occurring means that the car does not comply with the terms implied into the Hire Purchase agreement with reference to satisfactory quality and fitness for purpose, as such the Defendant is in breach of contract.

 

7. The Claimant is entitled to rescind the agreement because of the breach of contract.

 

8. Alternatively, the Claimant has suffered Loss and Damage due to the breach of contract

 

AND THE CLAIMANT CLAIMS

 

1. The monies paid under this contract £.

2. Alternatively damages for breach of contract.

3. Interest in accordance with section 69 of the County Courts Act 1984.

4. Costs.

Edited by Pidgeon142

Share this post


Link to post
Share on other sites

Ahem! have you written to them ( dealer and HP co., its their car ) about these defects? what response did you get? You need to do this before considering court action. They must be given an opportunity to fully respond in writing.

Then if you are not satisfied you need either to get it repaired elsewhere and sue the dealer for the repairs. Or reject the car and ask deaker/HP to refund all monies; if you do this you must not use the car again. depending on response you could then sue the dealer and the HP co.( do both to be on the safe side.)

Share this post


Link to post
Share on other sites

Hi thanks,

 

Of course I have written to the HP company complained to the dealer on numerous occasions. I have recieved the final response from the HP company which was unsatisfactory.

 

Although my original complaint to the HP company asking for replacment or money back did not mention rejection they have written back rejecting my rejection.

 

The Dealer has attempted to fix one of the issues on numerous occasions and as such I have given them every opportunity to sort out the problems the other issues have just been ignored.

 

I am taking the car back to Sytner Oldbury on Monday with copies of all correspondance and a letter explaining my rejection.

 

I really could do with not making any errors in the POC and the case being struck out at the first hurdle though.

 

The dealer has offered to buy the car back, can I sell it back to him and then sue the HP company for additional losses due to breach of contract or would the selling back be seen as affirming the contract?

Share this post


Link to post
Share on other sites

Relevant legislation - Sale of Goods Act 1979. Supply of Goods and Services Act 1982.

You need to stae that you have formally rejected it, returned it.

 

The dealer cant buy back the car, it belongs to the HP co. and you acnt sell it to them unless you all come to some agreement/arrangement.

Also you should sue both of them.

 

I am sure somebody with more court knowledge will be able to advise further.

What court/route are going to use?

Share this post


Link to post
Share on other sites

Sorry what I meant is the dealer can buy the car by settling the finance and paying me the equity back that I have in the car.

 

Unsure of the route ideally woulld like them to take car back (as above) then will sue in small claims for damages.

 

If allowing the dealer to settle the finance would prejudice my case I will simply leave car at dealer and lodge proceedings at my local court to rescind the contract. Only issue is the claim would be just shy of £10,000 doing it this way.

Edited by Pidgeon142

Share this post


Link to post
Share on other sites

Yes I believe it would prejudice any claim as you have accepted a deal, You would have to make it clear to the dealer that when accepting the exchange car you would be taking them to court for the remaider, otherwise 'estoppel' would apply. ie you cant go back on previusly agreed settlement.

I think it is take them to court for it all or accept the deal.

Share this post


Link to post
Share on other sites

Thanks for the advice.

 

I will leave the car with the dealer tomorrow then I will issue LBA if they do not accept rejection then.

 

There is no exchange for another going to happen, the finance company did not offer this only suggested that the dealer might consider it and washed their hands of the matter.

 

All this fighting to get a just outcome, Now they will have court costs as well.

Edited by Pidgeon142

Share this post


Link to post
Share on other sites

Update: BMW financial have attempted to stall proceedings on the basis of offering negotiations then just offering the same old rubbish (i.e trade car in) meaning I loose £5000.

 

I left the car at the dealership with notices in it saying that the car was faulty and rejected and they towed it away??? (no signs up saying parking on their property could result in towing) must have been too embarrasing.

 

What do I have to do to get a just result? BMW financial keep telling me they don't want litigation but are not willing to accept that the car is faulty (even though master tech has put in writing that it is faulty!!!) if BMW Fin have no liability why don't they want to go to court?

 

Moral of the story please beware if you want to buy a BMW, very nice to you when taking your money but only nice to your face when there is a problem!!!

 

Rant over.

Share this post


Link to post
Share on other sites
Update: BMW financial have attempted to stall proceedings on the basis of offering negotiations then just offering the same old rubbish (i.e trade car in) meaning I loose £5000.

 

I left the car at the dealership with notices in it saying that the car was faulty and rejected and they towed it away??? (no signs up saying parking on their property could result in towing) must have been too embarrasing.

 

What do I have to do to get a just result? BMW financial keep telling me they don't want litigation but are not willing to accept that the car is faulty (even though master tech has put in writing that it is faulty!!!) if BMW Fin have no liability why don't they want to go to court?

 

Moral of the story please beware if you want to buy a BMW, very nice to you when taking your money but only nice to your face when there is a problem!!!

 

Rant over.

 

Just going through same sort of motions with BMW FS and Dealer - did you get a result from this? Apologies for bumping old thread but would be good to understand the final outcome, e.g. did you take court action, did they defend, did you win, did they settle?

 

Thanks

Share this post


Link to post
Share on other sites

This is an old thread! I did take BMW Financial Services to court, on the last day allowed they filed a defence (which was very poor) and at the same time made a part 36 offer to settle which was close enough to what I sued for so I accepted. I actually sold (PXd) the car though and sued for the difference between the value I achieved for the car with the faults and the likely cost of a fault free replacment car. I evidenced cost of a replacment by adverts from BMW dealerships for similar cars.

Share this post


Link to post
Share on other sites
This is an old thread! I did take BMW Financial Services to court, on the last day allowed they filed a defence (which was very poor) and at the same time made a part 36 offer to settle which was close enough to what I sued for so I accepted. I actually sold (PXd) the car though and sued for the difference between the value I achieved for the car with the faults and the likely cost of a fault free replacment car. I evidenced cost of a replacment by adverts from BMW dealerships for similar cars.

 

Thanks for the response - was appreciated - on this basis I pursued BMW Financial Services with the FSO and they made an offer at the last minute before it was kicked upstairs for adjudication (sound familiar!) - from my experience BMW FS really don't want to get involved at all, and several times claimed they were just a finance company and wouldn't admit any liability unless this was agreed with the dealer/manufacturer - annoying as they are in the business of supplying cars and feel it's a bit cheap to rely on this defence

 

My only gripe is that the guidelines clearly state that if it's clear they are in the wrong they should resolve without forcing the consumer to go down the adjudication route - wondering now if there is their anyway to complain about how they handled my rejection now that I've signed for full and final settlement? I feel they use the Ombudsman as a second tier complaints process, and only pay up when forced to by the adjudicator which is wrong

Share this post


Link to post
Share on other sites
Relevant legislation - Sale of Goods Act 1979. Supply of Goods and Services Act 1982.

You need to stae that you have formally rejected it, returned it.

 

The dealer cant buy back the car, it belongs to the HP co. and you acnt sell it to them unless you all come to some agreement/arrangement.

Also you should sue both of them.

 

I am sure somebody with more court knowledge will be able to advise further.

What court/route are going to use?

 

I know this is an old thread, but it's maybe worth mentioning that in cases of disputes over the quality of an item on an HP agreement SOGA and the SOGSA don't apply. What is relevant is the Supply of Goods (Implied Terms) Act 1973 and the remedies for a breach of contract are to (a) claim damages or (b) if the breach is a material one, reject the goods.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...