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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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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
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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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  • BankFodder changed the title to Big Motoring World refuse to provide refund and honour Consumer Rights Act 2015 **Refunded**

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. 

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