Beechwood Derby Ltd Garage refusing to repair

[swampy76]

Hi, I recently purchased a used bmw from a franchises main dealer

 

two days after I took delivery of it I noticed smoke coming from the exhaust on start up, informed the garage and they arranged to collect the car and repair it .

 

 

They have called this evening and said they don’t want to repair but buy it back from me!

they believe the turbo has gone !

the car on question cost £11000 and is on finance , it’s a2013 model and they sold it with a 6 month warranty

since having the car I have spent a few quid on it having a few things changed and properly cleaned / polished

 

i want them to repair the car as it took me along time to find one in such condition body wise !

it only has 50k on the clock

 

aby advise please

[dx100uk]

then tell them  do so

there is no legal compulsion to force you otherwise

[swampy76]

5 minutes ago, dx100uk said:

then tell them  do so

there is no legal compulsion to force you otherwise

Tell them to do what? 

[dx100uk]

repair it.

[swampy76]

Just now, dx100uk said:

repair it.

Do you have any thing in law that I can use to force them to repair !

 

the other plus point is I have one if there brand new courtesy cars here !

[dx100uk]

that's good!

well done.

 

its an interesting point...

usually we get it the otherway around

the consumer wants a full refund not a repair.!

 

I don't think theres anything that says they can dictate what happens

ultimately its down to the finance co. and you've already as I see had a fair few issues in the past..

they own the car not you effectively.

 

 

[swampy76]

This is a new car with a different finance company 

 

just want a car that works as it should and is reliable 

 

I don’t even mind if they use the warranty they put on the car to cover some of the costs 

[BankFodder]

They have an obligation under the Consumer Rights Act to repair the vehicle or to refund the cost to you plus ancillary losses – at your option.

If you want to repair then you can insist on it. If they refuse to repair then you can consider having it repaired elsewhere and claiming the money back from them.

You are saying that they don't want to repair it. I understand that they have possession of the vehicle. I suggest that you take the vehicle back and get two quotes from high quality repairers to repair the vehicle. Then write to the garage and tell them that unless they agree to repair the vehicle themselves or to fund the repairs that you will begin a county court action. There seems to be really very little other way to do this. It then becomes up to them to avoid a legal action if they want.

The only thing I would be worried about is entrusting a repair to a garage with whom I was in dispute because I would be concerned about the quality of the work.

You say that you have had some improvements carried out on the vehicle. If you insist on a refund – which you can still do because you are within 30 days of the date of the delivery of the vehicle, then you could oblige them to refund you the value plus the reasonable costs of improvements.

You haven't told us who the dealer is

[swampy76]

Thank you bank fodder that’s exactly what I wanted to hear 

 

after lots of searching last night I found a letter template on which site that I will be sending them today 

 

at this point I don’t want to name and Shame but will in due course.

 

they are a family business that trade on there reputation and really don’t like negative feedback been left.

 

i am confident that if they did repair the car it would be to a good standard as they are main dealers for Mazda and Suzuki 

[BankFodder]

There is no advantage in withholding the name of the dealer and it is unhelpful to us and other people of this community who might be protected from similar problems.

You should make it clear to your dealer that you will have the work inspected independently

[swampy76]

Yes once the car is back I will be getting it inspected at the garage attached to my work .

 

the dealer group is beechwood in derby main agents for Mazda and Suzuki I purchased a bmw under there approved scheme 

[BankFodder]

Thanks. Do keep us updated and of course we will help you if they become uncooperative.

[swampy76]

Just got off the phone to them, they cannot find anything wrong !

 

are returning the car to me and asked me to book it in at a local dealer or specialists !

 

also offered to increase the warranty from 6 months to a year!

going to put it all in an email to me so I will update later

 

i do have a video of the car and have shown it to a senior mechanic at the garage by work and he says it’s certainly not as it should be ! 

[ericsbrother]

you should have accepted the refund offer, they will now claim that anything else that goes wrong is your fault and make life difficult.

As it is on finance you still ahve recourse against the lender