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Used car issue - dealer not responding


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Hi

 

I bought a used car back in October 2009 and have had nothing put problems with it.

 

The car is 7 years old and has done 61k miles and I paid £14,500 for it - which was a bit more then the going rate but it was from a local garage that specialises in BMW's so I thought it was worth paying the extra.

 

The car came with a 12 month fully comprehensive warranty that included “everything, well, everything excluding tyres, exhaust, paint and glass”, it turns out this isn’t the case.

 

The problems are:

 

Noisy rear diff – noticed on the test drive but was told it wasn't the diff it was the large tyres, after asking someone that knows, its a known issue when the wrong oil is in the diff, the correct oil is £120 + labour.

 

Leaking water pump – fixed on warranty

 

Failed Rear trailing arm bushes – refused on the warranty – I paid £200 for the garage to fix it.

 

Sticking brake calliper – refused on warranty - I had to pay to fix.

 

Lumpy/misfire when cold – they say they can't fault the car, its a bad misfire, the car lurches down the road violently regularly - unknown cost to fix.

 

Week rear springs causing loud knocking as they rub on the car – refused on warranty - about £400 to fix

 

Ball joint failure – refused on warranty - about £400 to fix

 

I am also experiencing the intermittent fault of the doors refusing to unlock due to faulty relays - £600 to replace the unit.

 

Obviously after paying £14,500 for a car that I am told has a fully comprehensive warranty, I am unhappy about having all of these faults and having to pay for these despite the warranty.

 

I have spoken to the garage about these faults many times and they dont want to know.

 

I have put all this into writing and they have not responded to the letter that asked them to respond within 14 days.

 

The letter said, if I didn't hear from them I would employ another trader to do the required works and pursue you for the costs of the replacements parts via the County Court.

 

Is that my only option now?

 

I know they got the letter as I delivered it by hand - should I send them a letter before action first, sent recorded delivery?

 

Do you think I am within my rights to complain with the car been 7 years old, I think I am as I have only done about 4-5k miles in the 9 months I have had it and I started complaining from day one.

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Hi and welcome to CAG.

 

Your main problem here is that you have passed the 6 month protection mark offered under the SOGA with used cars purchased from a dealer/trader. During that time, any fault(s) which appear are assumed to be present at the point of sale and dispite any warranty, the seller is responsible. The proceedure is that you bring the fault(s) to the attention of the seller in the first instance and give him the opportunity to rectify. The warranty at this point has no relevance at all because it does not repalce your statatoury rights under the SOGA. If the seller refuese or is unable to rectify at no cost to you, then you can possibly reject the car which has to be done in writing. This means that you are asking for your money back but by doing so, you must stop using the car. Its a pity that you didn't come here sooner as we could have steered you thriough this process.

 

Having said all that, you say that you have been complaining within the first 6 months so providing you can show this, you may still have a case to take matters to court if necessary. For example, if you have had any work carried out within the first 6 months and you have invoices, and providing you can show that the seller had been made aware of the fault(s), then you may be able to demand these costs back.

 

So can you clarify whether the seller was contacted when the first fault(s) developed, was there any arrangement or offer made by him to rectify at no cost to you, have you got any documentation to show that the fault(s) have been paid for by you in the form of invoices showing the dates within the first 6 months of ownership.

 

As for the warranty, did you pay for it and if so how much. It may of been miss-sold.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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I started complaining from the 3rd day of ownership, both via email and by visiting them.

 

I have receipts for the work they did, the work other garages have done and all my emails and letters to them asking them to sort the car.

 

I just can't believe they haven't responded to email or to my letter, this is the main place for BMW's on the Wirral, where I live. They are a main dealer for a couple of "novelty" sports cars and supplied 'Rosie Webster's' car for Coronation Street.

 

What are my options now? issue them with a letter before action? what should I say in that? I just want the car repaired so I can sell it on with piece of mind. I'd be happy if they just gave me £12 to take the car back - which is trade in value. Very disheartened with the whole car.

 

I am tempted to park it outside there show room on the road with a sign in the window stating the facts regarding the garage - I am sure they would suddenly start responding then! I have another car so could leave it there as long as it takes.

 

With regards the warranty, I didn't buy it separately, the car was sold to me with a 12 month "fully comprehensive" warranty - so I didn't pay anything for the warranty, the car was never offered without the warranty.

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Ok good, you seem to have the necessary documented proof that you will need if you go to court. Before sending an LBA, we need to establish what you are claiming so can you itemise your costs so far in relation to work you have had done. I would like to say formally reject the car and demand your money back but as I said in my previous post I think you are out of time to do that. Also, can you get all the invoices copied abut 4 times each. You will need to send the seller a copy of each with the LBA and need copies for court. Have you got any written correspondence from the seller at all, even in the form of emails? Oh, and did you take out finance to buy the car? If so, HP or a loan? If it's HP, you may also have a cliam against the company.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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It will make your life and claim a lot easier if there is any paperwork to show that the present faults were reported within the first six months - any chance?

Edited by Conniff
Typo
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I do have paperwork proving I was complaining about the faults within days not months :D

 

I have had a response from them this afternoon. They have said they will now pay for the ball joint, they wont however pay for the diff oil to be replaced to cure the noise and wont pay for the rear springs as they are in a serviceable condition... even though they told me they needed replacing as they are knocking on the bottom of the car.

 

The noise on the diff was noticed on the test drive and I was told it was due to the large rear tyres making a noise on the road on tight corners, the noise is now much much worse and a bit of googling said its a common fault and BMW have realised a special oil that needs to be used on M3 diffs to prevent the noise and reduce damage. As this was noticed on the test drive and is getting worse, I think they should replace.

 

They have not mentioned any of the other faults with the car.

 

Thoughts? what should my next move be?

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How did they respond... In writing or by phone?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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In writing, address to number 15 rather then 16 and title "Without Prejudiced"

 

Thats because they are writing to you without accepting responsibilty.

 

As I said before, can you itemise what you are wanting to claim (make sure you confine everything to the faults which you have experienced within the first 6 months) and then we can help draft an LBA.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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