Big Motoring World refuse to provide refund and honour Consumer Rights Act 2015 **Refunded**

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Hi there,

I've recently purchased car from big motoring world (04/08/23).

I’ve had the car for less than 2 weeks and there are already issues with it.

The brakes make loud noises when they are pressed and I’ve had a vehicle recovery company tell me there might be a brake fault. 

I’ve contacted BMW and asked them for a refund.

Initially they said that they needed to receive a diagnostics report from a local garage to confirm any issues and they would only process a refund if there was a known electrical or mechanical fault. They arranged an appointment at a garage for next week and the car is going to be taken there by a recovery truck. 

Today when I called them they informed me that if there was a brake issue they can’t give a refund as it is not considered to be a mechanical or electrical fault.

I told them the brakes are clearly a mechanical fault and regardless of all that I have rights within the Consumer Rights Act 2015 to reject the vehicle as it is not of satisfactory quality and not fit for purpose.

They have stated that they will still not provide a refund but will escalate the matter to a manager.

I spent over £15k on this car and paid by debit card.

Can anyone advise on the next steps I could take? 

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I have written this email to them earlier today, should I send an updated one? Please let me know your thoughts. I will send the letter via signed delivery tomorrow. I don’t wish to keep the car as if these issues are already occurring and I’ve just bought the car then I don’t know what else might be wrong with it. The car has mot till 2024. 

Dear Big Motoring World,

I'm writing to you about the … I bought from you for £16000.00 on 04/09/2023.

The vehicle has brake issues.

Initially the brakes made a squeaky sound when pressed slowly but now they also make a large thumping sound whenever the car is driven.

The vehicle had to be recovered to my address over the weekend as vehicle recovery advised that it might be a brake fault and that I shouldn’t drive it. It will now be recovered to a garage from my home address so that you can receive a diagnostics report of the issues. 

The Consumer Rights Act 2015 makes it an implied term of the contract I have with Big Motoring World that goods be as described, fit for purpose and of satisfactory quality.

As you are in breach of contract and I've owned the vehicle for less than 6 years, (less than 2 weeks before the issues arose in fact), I am within my statutory rights to ask for a refund at no further cost to me.

I look forward to hearing from you within 14 days with details of how you plan to resolve this matter.

 

I am not interested in any repair or replacement and would like to be given a refund. 

Yours sincerely

[Exampleexample]

Sorry that was a typo on my part.

I purchased the vehicle on 04/09/2023.

I realised that there was a defect on 07/09/2023 but I realised that there was a major defect on 10/09/2023 when my car had to be recovered due to faulty brakes.

I will post the updated letter soon

This is the updated letter 

Dear Big Motoring World,

I am writing to formally assert my rights under the Consumer Rights Act 2015 regarding the car that I purchased from your dealership on 04/09/2023, for which I paid £16,000.

Within the initial 30 days of ownership, a significant defect has materialised in the vehicle, specifically related to its brakes.

Initially, the brakes emitted a squeaky sound when applied slowly, but more alarmingly, they now produce a pronounced thumping noise whenever the car is in motion. Due to the severity of this issue, I had to arrange for the vehicle's recovery to my home over the weekend.

Upon professional advice, I was strongly cautioned against driving the vehicle further. Consequently, the vehicle will be transported from my home address to an authorized garage so that a comprehensive diagnostic report of the issues can be obtained.

Under the provisions of the Consumer Rights Act 2015, it is explicitly stated that goods must be accurately described, fit for their intended purpose, and of satisfactory quality. Given that your dealership is in breach of this contractual obligation, and considering that the defect materialised in the car within the first 30 days of ownership, I therefore am rejecting the car and requesting a refund in accordance to my statutory rights.  

Therefore, I kindly request that you provide a prompt response within 14 days, clearly outlining the process for receiving a refund and the arrangements for facilitating the return of the vehicle.

Additionally, I expect Big Motoring World to take full responsibility for coordinating the return of the vehicle. In the event that any expenses are incurred by me during this process, I anticipate that Big Motoring World will promptly reimburse me.

I trust that you will handle this matter with the seriousness it deserves, acknowledging my rights under the Consumer Rights Act 2015, and promptly addressing the refund and return of the vehicle in accordance with the law.

Yours sincerely,

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Update on this

I escalated the issue to a manager and then another manager and eventually they admitted that the brakes were faulty and provided a full refund.

Before providing the refund they made me agree that I would not pursue any legal action against them.

At that point I just wanted them to take the car back and to get my money so I agreed.

They came and collected the car. 
 

They don’t perform the checks they claim to perform on their cars otherwise there is no way they would have missed this.

Their sales team is very easy to reach but once they’ve got you to buy a car their customer service is terrible

. I would advise people to stay away from them. 

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No they provided a full refund including the cost of transportation. 
 

The agreement not to pursue legal action was all discussed over email. They sent an email saying they would provide a refund only if I didn’t pursue any legal action and I agreed. 
 

Will advise people to stay away from them.