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hi, i'm new to this kind of thing and have never posted on here before but I needed advice on a problem I am having with Arnold Clark.

 

I purchased a 2011 BMW 1 series coupé from Arnold Clark and after 4 months of having the car the heating/ air con panel on the car stopped working on the first day it got cold in winter (and its impossible to drive the car without this because all the windows steam up very quickly). I contacted Arnold Clark about the problem as we were told that we were still covered by a BMW warranty when we had brought the car. s Much to our disappointment when we informed Arnold Clark we were told if we hadn't brought a Arnold Clark warranty (which we were not even offered or given the option to buy when we had purchased the car) we weren't covered for any faults on the car and it was not their problem any more. we then went to a BMW specialist garage because we were told by the arnold clark salesman we were still covered by BMW. when we called BMW to check this we found out the warranty had expired a month before the car was purchased but we still went ahead and tried to get the car diagnosed. we were told the fault could not be diagnosed and a fault like this had not been seen before by BMW mechanics. We were also informed that the car had been overdue a service for 14000 miles. (This was surprisingly disappointing to me because when i had brought the car we were told everything had been changed on the car and a full service had been done.) when the car was checked for service history we couldn't find a service history book. I had called citizen advice bureau and I was given a list of my consumer rights and also given the list of acts in which Arnold Clark had not complied by and mislead us. I had gone back to Arnold Clark to try and get a solution to the problem. I was told by the 'manager' that I have no consumer rights and nothing can be done for me they refused to look at the car and told me the salesman that sold me the car no longer works there and its not their problem.

 

I then contacted the finance company and told them the fault i had with the car and I was told id need to give arnold clark a chance to fix the car before anything else could be done and this would take a maximum of 8 weeks. the finance company didnt seem to be doing much and dragged out the claim for 12 weeks to then turn around and tell me the claim was rejected by arnold clark and they are blaming me for the electrical fault on the car and the finance company will be closing the case and now im left with a car I cant drive without heat/aircon to unsteam the windows and a fault that cant be explained.

 

can i take further action against them(taking them to court)?

Edited by kash1
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Yes, you are covered by the Sale of Goods Act and this means that the car must be of satisfactory quality and must remain so for a reasonable time. This applies even if you have bought the item second-hand.

 

A working heating unit is essential and for it to pack up within four months after the purchase of a car that is only about three or four years old is not acceptable.

 

Of course, I suppose that you have got no record or evidence of any of the conversations that you have had either in person or on the phone with anybody. You had better read our customer services guide and start changing your way of doing things if you're going to help yourself.

 

The first thing you need to do is you need to go and find out what the fault is.

 

You need to go to a proper BMW garage and get the fault identified. If you have to pay for this diagnostic service, then you will get it back from the supplier of the car.

 

Once you know what the fault is and how much it will cost to repair, send a 14 day letter before action to Arnold Clark and tell them that if they don't get the fault repaired or if they don't offer to pay for the entire repair, then at the end a 14 days you will sue them in the County Court.

 

And also write to the finance company and tell them that you will be suing Arnold Clark and you will be joining them – the finance company – into the action as second defendants under section 75 of the Consumer Credit Act.

 

Try to do everything in writing that anything that you do on the telephone, only do after having read our customer services guide and follow the advice there to the letter.

 

You can also make it clear to Arnold Clark that if you have to sue them for the repair, that you will be including a figure for the discomfort and inconvenience and loss of use of the vehicle that you have suffered over the period during which they have decided to quibble about their consumer responsibilities.

 

Only make this threat if you are prepared to carry it out. If not - then don't bother but buy warm clothing.

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Sorry to have to say this, but if at time of purchase the service book was missing you should have either walked away or told them that you would conclude purchase when they provided the original service records. Without it you have no way of knowing if the car was clocked. (assuming the car is too new to require an MOT).

The head of BMW UK was well warned that this type of complaint would arise when they gave clark the franchise.

BMW will not likely help you on this one because of the missed service.

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Thinking a little more about your plight, it would do no harm to contact BMW UK and inform them of your issues.

Also mention that you know that BMW uk were made aware of these potential complaints when they allowed the franchise to be transferred after clark took over Harry Fairbairn in Glasgow.

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