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WWW.247MONEY.COM Finance - Serious fault with used car after only 3 months of ownership


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Hello, hope you’re all well.

 

We purchased a 2012 BMW 5 series with 95k miles on the clock around 3 months ago (end of July). Everything has been good with the car, until I noticed a noise coming from the engine bay when parked next to another vehicle (with the windows down). 

 

I opened the bonnet to locate the noise (a metallic rattling sound, almost like someone is playing a tambourine) at the rear of the engine. From further research and collecting several videos of the noise and sending them to various BMW specialists, the issue would appear (without having a formal diagnosis done) to be with the timing chain (apparently a common issue on the 2.0 diesel (N47 engines), the common consensus is that the timing chain guides are worn, and if not rectified would likely cause the chain to fail. 

 

My issues are as follows;

 

  • I’ve stopped using the vehicle because there’s a real risk that the timing chain could fail, causing the engine to be destroyed, at which point I likely wouldn’t have a claim.

 

  • To have the problem diagnosed would likely cost hundreds of pounds because it requires the engine to be removed from the car to access the timing chain. I don’t see why I should have to foot this cost. So how should I go around exercising my rights under the Consumer Rights Act 2015 with respect to having this problem diagnosed at the dealers cost? I appreciate the problem will likely exceed £1,300 to repair, and that the dealer is probably not going to want to pay this. 

 

  • The car is on hire purchase, and technically doesn’t belong to us, what rights do we have if the dealer doesn’t play ball? If we were to seek a repair and this gets refused, do we then reject the vehicle and hand it back to the finance company? We contacted the dealer last week who still hasn’t replied to us. We were very polite and reported the issue asking for help, they’re a highly recommended and highly rated small car dealership.

 

I’m presuming our next steps should be to stop using the car, notify the finance company that there’s a major issue with the car? We would rather not have to reject the car, however this issue clearly needs to be addressed asap, and if no party want to accept responsibility, I’m presuming we look to reject the vehicle?

 

Many thanks for your help. 

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Hit the finance company ...who are? Its not your car.

 

You are within 6 mts so its their job in conjunction with the dealer to investigate . Its also their option going forward if it repair/refund/replace. Forget any warranty...totally worthless

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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How much did you pay for the car?
Who are the dealers?
And as you have already been asked – who is the finance company?

Yes you should certainly stand on your rights under the consumer rights act that we need a bit more detail

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Car cost us £7,995 (was high specification compared to other 520d’s), we paid zero deposit purely because it wouldn’t have dented the monthly payment much, finance company is 247 Money (tailored towards those with no credit history to some negative history). 
 

Dealer I’m keeping anonymous for the time being, they have an excellent reputation on social media and review websites so I’m hopeful they’ll pull through, of course this will all change if I make no progress, hope you don’t mind this. 
 

If I approach the finance company tomorrow and state the issue, because I don’t have a formal diagnosis of the issue, if they want to problem diagnosed, how would I be best off going about this?
 

A visit to any specialist or main BMW dealer will likely see me needing to part with hundreds of pounds simply to get the fault diagnosed. The car has a full BMW service history and I honestly thought the timing chain issue affected older BMW 2.0L models. 

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diagnosis it not your problem

< 6mts since purchase

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The fact that 

WWW.247MONEY.COM

 deal with people who have poor or negative credit records doesn't bode well.

You are wrong not to name the dealer. It will help others and you might find out more about how this dealer works if other people who might have been similarly affected find that this is being discussed on the Internet.
I notice that you have already contacted the dealer about this last week and you had no reply. I would have thought that a really good dealer with a proper customer-facing approach would have responded immediately. And yet you are already shielding them.

You should start off by writing to the finance company and copy to the dealer and put them on notice that the car that they sold you three months ago has started to demonstrate a serious defect and therefore it is clearly not of satisfactory quality and even if it was satisfactory quality at the time of sale it has not remained in that condition for a reasonable period of time.

Therefore as you are within six months of the date of purchase, you are asserting your rights under the Consumer Rights Act 2015 and you are providing them with a single opportunity to repair the vehicle failing which you will want a full refund.
Inform also that if you incur any ancillary losses you will be looking for them to reimburse you those as well.

 

Point out that you have sent a copy of the letter to the dealership and you require them to enter into discussions with each other to discuss whether or not they going to repair the vehicle, or declined to repair it in which case you want to know what arrangements will be made to refund you your money and to remove the vehicle from your property.

This may seem like a very strident tone to take in a first letter but I think you need to make your position clear and they need to understand from the outset that you won't accept any nonsense and that you have taken control of the problem and you will not cede control to them.

If you want you can post up a copy of the letter that you are going to sent here so we can check it.

Send the letter by email and also by recorded delivery to both parties

 

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  • dx100uk changed the title to WWW.247MONEY.COM Finance - Serious fault with used car after only 3 months of ownership

Incidentally, once you have sent this letter if you don't get a response within seven days then come back here because we will then help you ramp it up – and maybe by that time you'll be prepared to tell us who the dealer is

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Many thanks for your replies.

 

We went with them as the interest rate payable wasn’t bad given our financial backgrounds, our previous car was a lease vehicle that I had since new which went back in September due to the lease period expiring, hence why we ended up financing something larger (the lease car was a Seat Leon which was somewhat smaller), the monthly payments on the 520d are less than our previous lease, so it made sense to continue with the finance. 

 

I shall get a letter drafted up and sent off to both the finance company and car dealership (will send via recorded delivery), I’ll also send a copy via email. 

 

I just wanted to give the dealer ample opportunity to sort this out before naming them, so I can say I tried my hardest to be fair with them. If I hear nothing within 7 days then I’ll name them here. 

Edited by dx100uk
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Just a quick update.

247 money called and have instructed the dealer to “inspect and repair the defects as required under the Consumer Rights Act 2015”, their words not mine, however they’re communicating with the dealer.

 

How does rejection work if things don’t go to plan?

The car is owned by the finance company, so in the instance of rejection, I’m presuming we notify both the dealer and finance company and make the vehicle available for collection to the finance company? I’m honestly hoping we don’t need to reject the car though. 

 

Finance company are currently very supportive of our situation. I took the car for another inspection at another garage who have mentioned the same thing, timing chain guides are likely excessively worn (a BMW defect that plagues the N47 series engine), and that the Dual Mass Flywheel is worn causing noise when accelerating through the gears (most noticeable in 4th gear). 

 

Total cost for work is probably around £2.5k to £3k (DMF can be done when the chain is done because the engine comes apart from the gearbox when doing this job), I sense the dealership is probably not going to play ball here due to the cost. 

 

My other concern is,

is what if the dealer takes the car to some third party garage that they’re “pals” with in the trade, and they claim there’s nothing wrong with the car?

 

Am I best getting some kind of written report from either BMW or a BMW specialist to note the problems? 

Edited by dx100uk
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It would certainly be a good idea to get an independent assessment so that you have got some solid evidence in case the dealership causes problems as you are suggesting.
Also you should ascertain a timescale for addressing this problem.

I would suggest that you write to the finance company and copy to the dealership, tell them what is your maximum acceptable timescale for the repair of the problem and the return of the car to you. I think 10 days more than adequate – but it's up to you.

Also let them know that once the car has been returned to you you will be taking it for an independent assessment in order to gauge the quality of the work. Also you will be asking for a detailed explanation of the work which has been carried out and the parts which have been used.

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Thank you for your replies so far. 
 

Just a quick update.

 

Finance company has arranged inspection/repair with the dealership, however they want to me to find a garage that will work on the vehicle and send them the quotation for work and depending on the quote, depends on the next steps. 

 

The terms are it has to be a small VAT registered garage, having approached 4 garages in my local area, all 4 have said that they will not undertake the work, mainly due to space issues (because it’s an engine out job). I maintain that it’s a job for a specialist or a BMW dealer to undertake, if the quotation for work is too expensive then further options will be explored (their words not mine), I’m not sure what arbitrary figure they’re working on though.  

 

I’m going to message them today and explain that no small garage I’ve approached will touch this job, either the garages are too busy and booked up into February, they don’t have room, it’s not a job they do, it’s just an annoyance having to write emails and chase up garages for quotes, if they’re going to impose terms then I’m going to ask that they arrange the work, not me, the CRA 2015 specifically states that a repair should be done with the least inconvenience to the consumer also. 
 

I’m grateful that they’re assisting, however it’s me who’s having to do all the leg work. Should I give them a time scale of 2 weeks to get work underway, otherwise we’ll reject the vehicle? I can see the dealer taking the car back personally over having to pay a 4 figure sum for a repair. 

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I think you are completely right.

 

They should be doing it and you are absolutely correct to give them a two week deadline.

 

That is more than reasonable

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