BMW - Paint Issues...

[MPH2k9]

Hello,

 

I purchased a brand-new BMW last August, and since then, i've been fraught with issues.

 

- The vehicle was delayed by ~5 weeks.

- The Salesman informed me that the vehicle automatically came with Xenon headlights (standard spec on that model). It didn't.

- When came to seal the deal, so-to-speak, the agreement somehow changed to cost me an additional £1000 - which I had to trim down out of the specification.

- The exhaust is black, as was from new, but the paint has started flaking off and looks very cheap/tacky with silver showing through.

 

Now, the latest issue...

 

I thought nothing much of it, and expected it to be a paint 'effect', or perhaps a representation of the vehicle being the entry-level 1-series, but the paint finish is very poor.

 

Some BMWs are plagued by a poor paint finish known as 'Orange Peel' which involves applying the lacquer over uncured paint. The bonnet of my car is perfect - mirror finish. What you would expect for a £37k vehicle.

 

However, the rest of the body work is very poor - the effect resembles beaten-brass/cooper. Instead of a mirror finish shine, the panels resemble an impressionist interpretation of the world around!

 

I intend to present this to my local official BMW dealer whom I purchased the car from, however, a brief check online shows that BMW do not appreciate this. They say that it is normal and they will not act. My question is for a £37k vehicle, how can brand new £10k vehicles have perfect paint finish?

 

A lot of owners simply go to a detailing place and pay £700-£2000 for the surface lacquer to be wet-sanded off, despite their cars being new.

 

Legally, what stance do I have as a consumer in this situation - I pay for the vehicle monthly on hire (with balloon payment at end) and have made around 5-6 payments, and the initial £2k deposit trade-in value off my previous vehicle.

 

Thanks in advance...

[Hammy1962]

OMG 37k for an entry level, Series 1 BMW

 

H

[MPH2k9]

It is a 135 - entry level model, but not entry level engine/vehicle!

[gazhodge1981]

Hi, As it sounds as if the finance you have is what they call a personal contract plan or pcp.

You need to check the paperwork but normally there is a bit in the terms and conditions that you can hand the car back if it's not fit for purpose which also comes under the sale of goods act. £37k for a car is a lot of money and should be perfect when you pick it up.

You may want to try writing to the dealer and make a complaint to BMW uk saying you wish to reject the car because of the problems you have had. They may not be that willing to accept the car back as its the dealer who will be stuck with the car.

Check your paperwork or even ring the finance company and ask them what the process is as the car is not as it should be.

Hope this helps, by what you have said, the car for £37k should have no paint issues and maybe you should have not taken the car if it wasn't what you were expecting.

[MPH2k9]

Indeed - I was loaned a Z4 whilst my car was 5-week delayed. This had Xenons and I got used to the excellent light they provided. After taking receipt of my car, it was not a good few weeks before I had chance to use the headlights due to holiday (and not driving at night), so got a bit of shock - I nearly crashed in stunned amazement. I complained to BMW UK, who did the honorable 'no reply' thing.

 

Hindsight and all that!

 

I'm sure the threat of a terminated contract will get them to act, somehow in someway, especially if it is legitimately supported under law.

[sailor sam]

The SOGA states that the goods should be of satisfactory quality. It sounds to me that your £37k BMW isn't. Problem is though that i'm assuming that the paint work was like it on delivery. What complaint (if any) has been made in respect of this and when? Regarding the other issues; if the car was sold as having xenon headllights then it should have xenon headlights. Again the SOGA says that goods have to be correctly described. The exhaust issue seems to also be cosmetic so again my not be of satisfactory quality. Not sure why you have had to pay an additional £1k for their mistake.

 

My advice is to contact Trading Standards for advice if you are getting no where with the dealer. It is them and the finance co you have the contract with btw, not the manufacturer.

[MPH2k9]

The SOGA states that the goods should be of satisfactory quality. It sounds to me that your £37k BMW isn't. Problem is though that i'm assuming that the paint work was like it on delivery. What complaint (if any) has been made in respect of this and when? Regarding the other issues; if the car was sold as having xenon headllights then it should have xenon headlights. Again the SOGA says that goods have to be correctly described. The exhaust issue seems to also be cosmetic so again my not be of satisfactory quality. Not sure why you have had to pay an additional £1k for their mistake.

 

My advice is to contact Trading Standards for advice if you are getting no where with the dealer. It is them and the finance co you have the contract with btw, not the manufacturer.

 

 

 

Thanks for the info - i'm financed via BMW Finance, so same group, different business.

[sailor sam]

Thanks for the info - i'm financed via BMW Finance, so same group, different business.

 

Doubt it... It's pobably under written by of the big finance houses like Lombard or somebody.

[MPH2k9]

I have involved the dealership now -

 

1. They have agreed to replace 2 alloys + exhaust (PENDING THEIR OWN INSPECTION - i.e. I leave it there for a few days).

2. They are not budging on the paint, so have called upon a heavy hitter Paint Manager from BMW UK to come to the dealership to 'take a look'. (i.e. tell me it is fine by his standards).

 

My questions now are...

 

1. Can I reject the car as not fit for the price £37k?

2. Instead of #1, can I refuse to pay the monthly premium to BMW Finance, informing BMW Finance why? (do I leave the car @ BMW, or take it and then refuse to pay?)

 

I don't care about my credit rating currently, so any threats to this do not change my viewpoint, but could #2 affect it out of interest?

 

Thanks...

[MPH2k9]

OK bit of an update - as expected, issues were attempted to be padded down by retailer and BMW UK ("this complies with our current standard" and "Black is worse than white for showing this, and you picked Black, so that's it").

 

As the car was taken over finance, PCP, where do I stand with cancelling my policy? FYI, the finance company are currently involved with BMW as I have now cancelled my direct debits based on this and informed them I was doing so. Following several meetings with Managers at my dealership, they offered me a discounted price of a £4-8k respray which will involve disassembling my car and rebuild it which I am to finance and they explicitly said that the paint issues affect Black cars the worst, and said White cars remain largely unaffected (not as obvious).

 

As it is a new car (5months old) and I do not want the hassle with not having the vehicle for 1-2weeks (paying for a car I don't have) coupled with future issues of the knocks/rattles caused by the car being re-assembled, I have requested a replacement vehicle.

Further evidence online indicates that replacement vehicles have been issued under similar circumstances too.

 

On the chance that this is not successful, I am rejecting the car and the finance agreement, however where do I stand with this, as it is due to a manufacturing defect - do I owe them money? do they owe me money? etc

 

Thanks in advance