'BMW Specialist' ripped me of £500 HELP!!!!

[bmwe61520d]

Hi, so basically...

 

my car is a e61 bmw 520d and it has air suspension which is controlled by a pump. The pump failed first time around and i had contacted the trader i bought it off and as it was under warranty i took it to a specialist and they diagnosed the pump had failed. even though the pump had failed he never replaced it and instead he replaced the complete wrong part! he replaced the offside air spring and not the pump. But supprisingly the fault dissapeard for 3 months and has now come back, i checked the paperwork and found that he replaced the wrong part! So is there anything i can do to sort this out.

 

If it helps, i bought this car from a trader on finance so could the finance be affected (cancelled) seeing as the car was faulty when i bought it? as the 3 month warranty supplied by the trader has run out, i have to fork out £500 to the garage to get the pump fixed when he should have done it in the first place!!!

 

Please help guys!!

 

Thank You

[Surfer01]

You may find that the dealer may have instructed him to look at the cheaper option of doing the repair. BTW under Sale of Goods Act you are covered as it was an inherent fault at time of purchase. 3 month warranty isn't worth the paper it is written on as SOGA covers the goods anyway!

[heliosuk]

You need to post exactly when you bought the car and it's age and mileage before any objective advice can be given. What surfer has posted is correct as regards SOGA but SOGA is far from clear cut. Your issue is further complicated by the fact you state that you took it to a specialist. Can you expand on exactly what happened and when?

[bmwe61520d]

@ surfer01 - possibly but that wasnt the right thing to do

 

@heliosuk

 

I bought the car 12/03/12 its a 06 plate BMW e61 520d and its mileage is 87000.

 

The full story

 

we had a look at a potential bmw at a garage and we found it interested then blady blady blah etc, on the 12/03/12 everything was agreed, finance sorted and all we needed to do is drive the car away. we didnt test drive it because we where never given the opportunity to do so and the garage said it was in working order with no faults. On the way driving back we noted 1st issue - the outside temp gauge was wrong as it was showing -40 degrees and so we went back to the garage a week later (because 1) we where tired 2) i live in derby and the garage was in northampton!) the garage tried to replace it but never fixed it. 2nd issue when we put load on the back, as it has air pump/suspension it could not level out the car in time so it came as 'level control system failure' i.e. rear suspension is failed. we told him the same time as the temp but as it was intermittent it unfortuntaly never came up but then when we where just outside derby it came up and then we took a video of it/photo as proof but the garage couldnt do anything because he needed to see it live apparently. Weeks went and then it became permanent, both the temp sensor and level control failure. we then where advised to take it to a bmw specialist by the garage who then fixed it under warranty, the temp was fixed but the garage - knowing that it was the level control failure error (being a specialist he should know that its the compressor) he replaced the air spring which was perfectly fine and no error would ever show if that was gone so that couldnt be the issue! so then the car level control error went for a few weeks until it became permanent again; by that time the warranty form the garage had finished and the bmw specialist said they arent going to fix it for free because i never came back and they would charge me extra £500 for the compressor know!!!!! my point is that they should have replaced the compressor first because thats what the issue of level control system failure is and so they made a mistake!

 

so i want to know:

 

can i report/sue the bmw specialist for making a stupid mistake and costing me extra OR return the car as it was sold faulty with 2 issues and i have photographic proof?

 

Thanks

[Surfer01]

Not having a go at any one but just an observation. Often on CAG people complain about a dealer, however on numerous occasions they never took the car for a test drive? My step daughter did the same and also ended up with a vehicle with huge problems. Is it expected by the dealer that you will not take the vehicle for a test drive before you part with your money.

Apologies to bmwe for the small hijack, but I think it is a bit relevant to the thread. Were you given the opportunity to take the car for a test drive prior to purchase?

[bmwe61520d]

Not having a go at any one but just an observation. Often on CAG people complain about a dealer, however on numerous occasions they never took the car for a test drive? My step daughter did the same and also ended up with a vehicle with huge problems. Is it expected by the dealer that you will not take the vehicle for a test drive before you part with your money.

Apologies to bmwe for the small hijack, but I think it is a bit relevant to the thread. Were you given the opportunity to take the car for a test drive prior to purchase?

 

I should have taken it for a test drive but that still wouldnt have alerted the pump or the temp sensor because for the temp sensor to go to -40 degrees you would have had to go above 60mph and thats how we found out on the motorway back home. Also for the air pump failure - that wouldnt have come on because you would have need some weight at the back for it to start levelling the suspension and for us to find out it cant and we only found out when we where back home and all the kids where sitting in the back whilst going to my mums.

 

Back to the point - can i do anything about this car then because i bought the car faulty, and i have sufficient evidence. AND the BMW specialist didn't fix the car properly and they replaced the wrong part!

[Nagasis]

Do you have the paper work that states the compressor had failed? If so do you now have the paperwork to show that the compressor was not replaced but instead the spring?

 

If you have the paper work above why did you wait 3 months when you knew the wrong part had been replaced to act upon it?

 

Have you contacted the bmw specilaist with this information in writing asking for an explanation why the spring was replaced instead of the compressor?

 

I don't believe you will be able to reject the car as you have had it 7 months and deemed to have accepted it. This is supported by you being in possesion of information that in your opinion the wrong part was replaced 3 months earlier but failed to act and therefore accepting it.

 

I am not stating you can't or don't have no remedy but you will need to contact the dealer and specilaist in writing to get their response first.

[bmwe61520d]

Do you have the paper work that states the compressor had failed? If so do you now have the paperwork to show that the compressor was not replaced but instead the spring?

 

If you have the paper work above why did you wait 3 months when you knew the wrong part had been replaced to act upon it?

 

Have you contacted the bmw specilaist with this information in writing asking for an explanation why the spring was replaced instead of the compressor?

 

I don't believe you will be able to reject the car as you have had it 7 months and deemed to have accepted it. This is supported by you being in possesion of information that in your opinion the wrong part was replaced 3 months earlier but failed to act and therefore accepting it.

 

I am not stating you can't or don't have no remedy but you will need to contact the dealer and specilaist in writing to get their response first.

 

please take a look at post 4 for full story, but in short i acted a week later etc...

 

yes i have all paperwork to prove this and i never checked the paper work until 2 weeks ago which i realised they replaced the wrong part.

 

in short as i long as the garage fix the car i dont want to give it back but i might have to because they supplied me with a faulty car... i have proof that i emailed the trader who i brought it off listing the faults and arranging another time to meet him a few days after i bought the car! so this shows that car was faulty when brought...surely?

 

Thanks

[Nagasis]

Have you contacted the dealer and specialist about your current problem and what is their response?

 

Have you asked them why the wrong part was fitted and what was their response?

 

You need to write to both companys with your complaint and then wait for a response in writing.

Edited November 4, 2012 by Nagasis

[bmwe61520d]

Have you contacted the dealer and specialist about your current problem and what is their response?

 

Have you asked them why the wrong part was fitted and what was their response?

 

You need to write to both companys with your complaint and then wait for a response in writing.

 

I called the specialist up and i asked and he was being very rude on the phone and after i told him that you replaced the wrong part and it was initially diagnosed as the compressor but you still replaced the airbag! I then said that this is all taking far too long and you should have fixed this first time as you are a specialist etc and then i said i want to get the compressor part fixed for free or take the part you put on and put my original back on and then ill pay you whats left over; he told me hes not interested in me and my car and he put the phone down!

 

I immediately called the dealer/trader and he said the warranty they supplied is finished and the garage didnt fix it so you will have to consult a lawyer to sort this out!!!

 

so is it worth me writing a formal letter to both or is there anyway i can 1)return the car 2) get the car fixed for free because its his original fault!

 

thanks

[Nagasis]

I would write to the dealer who sold you the vehicle explaining exactly what the problem is and remind him of his obligations under soga.

State that this problem first occurred in march 2012 and was reported at the time. Therefore the problem is considered to have been there at point of sale. Their failure to rectify the problem ( because they replaced the wrong part) makes no difference and does not alter their obligation. They are still required to rectify the problem under soga.

 

As for returning the vehicle I doubt get much you would get far with this as under soga you would have deemed to have accepted the car due to 7 months ownership.

[heliosuk]

In answer to your queries in post 10. then this is how you currently stand.

 

1. You cannot return the car as having it and using it for 8 months it would be deemed you have accepted it.

2. Doubtfull now.

 

It seems you have two arguments with two different organisations. Irrespective of the evidence you have, the fact is that you have taken so long to take any action from the initial complaint. You could also not use the temp gauge argument either as this part would be deemed to be commensurate with the age and mileage of the car and is not essential to the basic functioning requirements of the car. So forget that one.

 

Your argument seems to be that the specialist told you that on intial investigation the compressor had gone which had been repaired. It does not matter how it was repaired, the fact is it was and the car functioned normally for quite some time so technically the dealer has met his obligation.

 

As it is over six months since you have purchased the car the onus is on you to prove it was the compressor at fault and all you have is the specialist report. You cannot sue the specialist as the contract for repair was between them and the dealer. How it was dealt with is none of your business. The fact is it was repaired at no cost to you.

 

I am not sure what you are doing here as to me you are assuming it is the compressor when in fact it could be the other spring.

 

For note though, this system is notrious for giving false DTC's especially with the year it was made so just because the codes read say compressor fault does not neccisarilly mean it is the compressor. An example of this would be an over temp fault code which could be down to the compressor having to work overtime to compensate for an air leak in one of the springs.

 

I don't think you have a hope of persuing this one.

[bmwe61520d]

hi, i am still chasing this up and will let you know the outcome.

 

Thanks

[jimmy2times]

Hi, so basically...

 

my car is a e61 bmw 520d and it has air suspension which is controlled by a pump. The pump failed first time around and i had contacted the trader i bought it off and as it was under warranty i took it to a specialist and they diagnosed the pump had failed. even though the pump had failed he never replaced it and instead he replaced the complete wrong part! he replaced the offside air spring and not the pump. But supprisingly the fault dissapeard for 3 months and has now come back, i checked the paperwork and found that he replaced the wrong part! So is there anything i can do to sort this out.

 

If it helps, i bought this car from a trader on finance so could the finance be affected (cancelled) seeing as the car was faulty when i bought it? as the 3 month warranty supplied by the trader has run out, i have to fork out £500 to the garage to get the pump fixed when he should have done it in the first place!!!

 

Please help guys!!

 

Thank You

 

Thats interesting, off topic I know but I have the same car. How do you know if the air suspension has failed. I have noticed in mine I am able to park ok but when I return to my car and reverse the front spoiler scrapes the kerb. So effectively the car is lower when drivng away then when I parked it. Is this the sign of a failed air suspension?