Cargiant - Seeking rejection or reimbursement of repair expenses

[seekingjustice101]

Hi all,

 

I purchased a BMW 1 series, 66 plate for £12,798 (purchased mileage - 56,049, current mileage - 58,057) from Cargiant in July 2021 via cash loan from my bank, soon after I was prompted to top up oil. This message reappeared a few weeks later and I noticed stains on my driveway. Admittedly I was unaware of the Consumer Rights Act 2015 and stupidly didn't purchase a warranty, I took it upon myself to have my local BMW main dealer diagnose and rectify the issues.

 

Upon encountering further issues I have advised by the main dealer technician that these repeated issues are not due to general wear and tear, taking into account the vehicle age and mileage I have amassed. The issues were most definitely prevalent when I purchased the vehicle but have manifested as the vehicle has been driven, the vehicle is currently with the dealer and I'm not keen to spend another penny fixing issues that I most definitely haven't caused.

 

For context, the work BMW have undertaken so far:

- Replacement of the timing chain tensioner, under-tray, rocker cover gasket and all ancillary components, oil pressure switch, two spark plugs, one fuel injector and wiring harness.

 

I'm keen to reject the vehicle on the basis that under the Consumer Rights Act 2015, the vehicle should have been of satisfactory quality. As I believe my rights have been breached because the vehicle I purchased is/was faulty at the time of purchase. Another remedy I'd consider is a full reimbursement of the repair costs I've incurred. I intend to serve Cargiant with a formal notice of compliant requesting a response within 14 days. I'm 100% sure Cargiant will be requesting an independent technical report as my purchase falls outside of the 6 month window.

 

I've also taken legal advice and have been told based on the opinion shared by the main dealer technician and eventual findings of the technical assessment (which I'm sure Cargiant will request), I'd be in a good position to begin litigation proceedings to recover costs if Cargiant reject my claim, a process I'd like to avoid.

 

Questions

1. Should I arrange a technical assessment before serving Cargiant with the notice? 

2. Should I share invoices of the repairs I've incurred or wait till these have been requested?

3. What else do I need to consider

 

Any further advice would be great, thanks in advance.

 

 

[dx100uk]

outside of 30 days its not your choice but the retailer to choose repair/refund/replace under cra 2015.

warranties are not worth the paper they are written on and would not have been for 12mts anyway..

 

are there any issues not repaired yet?

 

 

 

 

[seekingjustice101]

Appreciate the response.
 

Received another error so took the vehicle back to the dealer, they have said the new issue isn’t in relation to any of previous repairs carried out. 
 

They have replaced two spark plugs, engine still misfiring so now want to replace wiring harness and fuel injector. So to answer your question there’s some issues still not repaired. 

Edited May 25 by seekingjustice101

[dx100uk]

IMHO you are going to have a hard time here, even with these new issues, as a misfire is something you would have been aware of from the get go, not that its now just failing with such. you would not have driven around with it misfiring for a year.

 

should it be doing it after just a year... no, could they claim W&T after 10mts and xxx miles? , they could. 

 

id p'haps write a nice letter to the dealership WITH invoices saying i have already since ownership spent £xxx on this car with a list of error even BMW say themselves, were most probably present at point of sale (report enclosed) . now have XXX further issues that have developed.

 

i am not happy with the car and wish you to repair the outstanding issues under the consumer rights act, and consider reimbursing me for the repairs i have already paid for as at the time i was not aware of my consumer rights.

 

 

 

 

[seekingjustice101]

The oil leak was the first issue I was made aware of, the misfire was diagnosed in the last week. The technician believes oil from the initial leak has most definitely contributed to the misfire and associated issues, which I’ll stress to the dealer. Highly doubt I’ll be able to reject the vehicle but some form of reimbursement would be a fair resolution IMO. 
 

Nonetheless, I understand your point and I’ll reach out to the retailer.