The dealer is MK autos ltd in Milton Keynes.
We know the car was serviced by bmw once, as we called to ask but about 2 years ago.
The car was brought for £10,995 but with finance cost total will be £22,000.. Eye watering amount but again we was pushed into a corner.
I needed a car my mum has terminal lung cancer and I do all the hospital appointments. We thought that we would be safe for a while at least.
Again I forgot to mention that although the car had a "service" the rear brakes went and were replaced on the 15th June 2019..
We have paid so far in total £2260 in 6 months.
I am prepared to fight this!!
What is the name of the dealer please?
I'm afraid that you seem to have managed to miss certain important landmarks. If a defect occurs within the first 30 days then you are entitled to a refund or a replacement at your option. Unfortunately you didn't assert this short-term right to reject and so you have lost the opportunity.
After that, if a defect occurs within the first six months then you have the right to insist upon a repair and if the repair fails then you are entitled to a refund or a replacement at your option. Unfortunately you haven't taken advantage of this.
The dealer has claimed that a warranty has expired. It has nothing to do with warranties and in fact warranties tend to be extremely misleading because they tend to lull you into a sense that you have no other rights. This is not true.
Under the Consumer Rights Act you are entitled to have a vehicle which is of satisfactory quality – given the price, age, and other relevant factors – and that it remains in a satisfactory condition for a reasonable period of time. On the basis of what you say it seems to me that the defects are serious enough to render the vehicle not of satisfactory quality.
However, you are dealing with a dealer who is clearly unhelpful. I don't know why you haven't told us who he is – but you should do.
You have taken out finance and although you reached out to the finance company at an early stage, they declined to get involved. They gave you a reason and it seems that you accepted this reason even though you don't seem to understand that the finance company has no friend of yours. Your interests are in conflict with theirs.
Under section 75 of the consumer credit act, the finance company is liable to exactly the same extent as the dealer is.
The chances are that you may have to take one or other of them to court. You certainly need to be prepared to do so and be prepared to threaten it in the hope that someone will put their hands up – but if they don't then you will go ahead with your threat. Don't bluff.
You haven't told us how much you have paid for the vehicle. Also, have you sought an independent quotation for the repair work?
On the basis that the dealer is probably going to remain uncooperative then you are probably looking at several months before this is sorted out. The way to deal with it will be to be extremely assertive and aggressive and we will help you if you have the will to do it.
Quick update since it's been 4 months now - they never responded to the letter I sent and the case got passed onto Zinc. They try to phone/text me probably once or twice a week, I have never responded though. Blocking the number doesn't help, seems like they have an endless supply of disposable numbers which is a bit annoying, but whatever 😑. They also send me the occasional email reminding them that I "owe" them money too. I've never received any physical letters.
That's pretty much it. For anyone who came across this post because they're in a similar situation to the one I was, there is absolutely nothing to worry about. Just ignore them. These people are powerless. They'll try to contact you endlessly and it's a tiny bit annoying, but eventually they'll bugger off. Nobody will show up at your door. Your credit score won't be affected. Their whole business is based around trying to intimidate vulnerable people into paying money that they don't owe.
It depends from a lot of factors:
1. Is the timing chain a serviceable item, even by visual inspection?
2. At around 50k miles i would expect the manufacturer to step in for a snapped chain. IMO they shouldn't break on an almost new engine.
3. Was the car sold as fsh? From main dealer, vat registered garage or backstreet/tesco car park mechanic?
4. Did the chain break inside the 6 months?
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!