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Big Motoring World selling faulty vehicle and concerns re: refund process


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Hi.

I'm reading this thread with interest.

Big Motoring World refuse to provide refund and honour consumer rights act 2015 - Vehicle retailers and manufacturers - Consumer Action Group

I purchased a vehicle yesterday at BMW and the engine malfunction light came on on the journey home from the showroom!!

As it's a Saturday, the after sales team were not working so I was asked the contact them on Monday (tomorrow). 

I have already sent an email to big assist with photographic evidence of light but know, from what I've read here and elsewhere, that I might be in for a fight trying to get my £7600 back (even though I'm 100% within my rights to do so). 

I was wondering what the outcome of this was for you OP? 

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Please will you post this story on a new thread and you will get advice and help there and also the person you are reaching out to will probably join in

Please start a new thread

 

50 minutes ago, Marthaclaire said:

Hi. I'm reading this thread with interest. I purchased a vehicle yesterday at BMW and the engine malfunction light came on on the journey home from the showroom!! As it's a Saturday, the after sales team were not working so I was asked the contact them on Monday (tomorrow). I have already sent an email to big assist with photographic evidence of light but know, from what I've read here and elsewhere, that I might be in for a fight trying to get my £7600 back (even though I'm 100% within my rights to do so). 

I was wondering what the outcome of this was for you OP? 

In fact as you have just bought the vehicle, it is urgent that you deal with it immediately to make sure that you benefit from all of the rights available to you under the consumer rights act.

Post your new thread and we will deal with it.

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I purchased a used 2019 Hyundai i10 manual petrol vehicle for £7300 + £299 admin fee at the Enfield branch of Big Motoring World (BMW) yesterday (Saturday 9th December) and made the journey there by public transport. (It wasn’t my nearest branch as I live about 6 miles away from the Wimbledon branch, but I didn’t want to pay the £99 charge to bring the vehicle closer to me)

 I test drove the vehicle around a couple of roundabouts in the 20mph speed-limited roads outside the warehouse for approximately 5 minutes and was happy to purchase this vehicle on the basis of this and the price. As a large dealer, I also had the confidence that BMW had conducted a 200-point inspection before it was made available for sale.

 I then left the showroom at approximately 1215 and went to fill up with petrol. I found, in traffic, that the car felt close to stalling so was having to depress the accelerator a lot. I put this down to the fact I haven’t driven a manual car for about 10 years.

After filling up with petrol, I drove the 62 miles to my Mothers house clockwise around the M25. A light was present on the dashboard throughout this journey (can’t remember if it was there when I test drove it or when I drove away from the showroom but present when on the motorway).

I found the vehicle to lack power on the motorway and seemed to struggle going over about 50 miles an hour causing me to shift down gears whilst driving. I also found the engine to be rather noisy. I did not assume the light on display would be anything to do with a malfunction as I’d just bought a fully inspected / serviced vehicle and, I put the whole ‘disappointing’ ride quality down to purchasing a cheap car with a small engine and manual transmission; again not something I have done in a number of years. 

On arrival at my mothers house, I looked up the image of the light on the dashboard in the manual to find that it is the malfunction indicator lamp (MIL). The RAC state that this light is "often accompanied by tell-tale signs that the engine is not working properly, such as lack of power or stuttering as you press the indicator". This is a very clear description of how I found the vehicle on the drive home. . 

 On discovering this, I called the Big Motoring World (BMW) aftersales department to find it closed. I then called the sales dept to register my dissatisfaction and to seek advice on what to do next.

I was advised to call the warranty dept who are also closed at the weekend. Living close to the Wimbledon branch of BMW, I opted to drive to the showroom at approximately 3pm to seek an immediate refund and return of the car purchased. 

 I was advised by the manager that a refund would not be possible at his branch and that I would need to contact Big Assist (aftersales) on Monday morning. He wouldn’t inspect the vehicle as didn’t want to take responsibility for this.

I had no option but to drive the defective vehicle home to my address in Worcester Park 6 miles away.  (it’s also not taxed yet as there was no log book so need to go to the post office tomorrow to sort this).

 I sent an email (with photographic evidence of the light) to Big Assist  on the same day (9th Dec) requesting a full refund as is my right under the Consumer Rights Act as the sold me a vehicle that was  defective at the point of sale as evidenced by the immediate warning light.  I indicated I will be following this up with a phone call tomorrow.

 In the meantime I have searched online forums, advice groups and am aware that might be in for a long protracted battle with them. My starting point is to call Big Assist first thing tomorrow to ask them to recover the vehicle and refund my money. I will repeat this ad nauseum throughout the call.

 What I need to know is the permutations they will inevitably come back with and how I address them and also some other bits and pieces e.g.

-       You will need to drive it to Enfield to have it seen by our mechanics? NOT prepared to do this as its not safe imo and this is massive inconvenience to me.

-       Their mechanics look at it and ‘clear’ the MIL from the dashboard and concoct a ‘oh it’s a simple problem; all solved’. NO. I do not want the car. The MIL illuminated on a car is never a good sign and what if it goes wrong after the 90-day warranty?  

-       Is there value in getting an independent mechanic to look at it and get his /her take on it?

-       Anything else I need to do?

 I have started documenting how long I have spent trying to sort this  (including reading up on forums etc) in the event I have to pursue this through small claims.

  This forum has proved really useful already but any advice would be really appreciated

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Hopefully you have spent enough time on here to be aware that Under the Consumer Rights Act 2015, you have a short-term right to reject if a defect manifests itself within the first 30 days of ownership.

You need to assert this right in writing. Write to them immediately – by email and also by post – recorded delivery – and tell them that the vehicle has manifested defects (list of defects) and therefore you are rejecting it and your short time right to reject provided in the consumer rights act 2015.

Make sure you use roughly speaking this language. Send it to the suppliers immediately. Don't hang around.

Once you've done that, at least you have asserted your rights – but don't expect that to be the end of the story. It is most unlikely that they will simply roll over and accept the rejection of the vehicle. You will probably have to force the issue.

How did you pay? Did you pay by credit card, bank transfer, hire purchase??

Also, presumably it came with an MOT. What is the date of the MOT

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My daughter brought a car from the West Malling branch and had similar problems with engine light etc.

With help from DX and Bank Fodder we managed to return the car and cancel the finance, they do try and stall you and cause problems but they are not the easiest to deal with when you report a problem.

Hope you get it sorted.

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Still waiting to hear back from the op about how the money was paid and also has the letter been sent

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MOT is next june
Purchased with cash on debit (they won't accept credit)

After some persistent phone calls and a letter sent and emailed starimg my rejection of the vehicle in accordance with the consumer goods act etc., BMW have said they would:
" be happy to accept rejection of the vehicle, subject to the reported fault being confirmed by ourselves" and will arrange recovery of the vehicle.
They also state . "by accepting this refund you are confirming that no further claims shall be brought against Big Motoring World or any of its associates in respect of this matter."  which I'm not sure about as I may well claim for expenses I've racked up on account of owning a car I can't use. Anyway, that is secondary..
My main quibbles are the following:

- they expect me to pay a £250 holding deposit because I don't yet have the v5 document. I don't have it because they didn't give me one. They gave me a v62 which I had to use to tax the vehicle and to apply for a replacement v5 for the sum of £25.
Q. Should I pay this?

- they say that the fault has to be confirmed by them before a refund is issued. This sounds reasonable HOWEVER from what I've read on various fora I wouldnt put it past them to 'clear' the fault / deny it exists. It's clearly in their interests not to find a fault and, besides, they've clearly demonstrated they can't find one in the first place anyway. I have zero confidence in a) their integrity and b) their abilities. I've taken photos and a video of the fault (plus associated sounds of car appearing to resemble a lawn mower) and also captured the VIN at the same time.

Q.what else can I do? The confirmation of a fault is in their hands and stands between me and my refund.
Thanks in advance for your help


 

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The rights that you are asserting are statutory rights under the Consumer Rights Act. This means that Big Motoring World are obliged to respect your rights and to give you the refund.
What this means is that even if you agree that this will be the end of the matter, your promise to them is not binding because they are simply doing what they are obliged to do under statute.

So from that point of view, you can go ahead and agree that there will be no further claims. If you want you can tell them that you are unhappy about it and it is under protest.
A promise not to bring further claims would only be binding if they gave you something in addition to what they were already obliged to give you.

Please let us know if you don't understand this principle.

I think your priority is to get rid of the car and that means that if you can afford it, you should pay whatever is necessary to get them to take the car away.
We will then help you claim everything back. An advantage of that is that your claim will be much smaller and more manageable and less risk to you if you happen to lose – which is unlikely.
Also, if you are simply claiming a small sum against them it will be less economically interesting for them to defend.

If you are able to get an independent report then that really would be the best thing to do. Do you have an opportunity to do this – very quickly?

It's a shame that we responded to you on Sunday and you have left it until now to come back when you could have put things in hand already.

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I suggest that you write to them, tell them that you agree to the conditions but that you have adequate evidence of the fault and regardless of their finding, you will not accept the car back.

Give them copies of what you have.

However the best thing to do is to get an independent inspection. It will cost you some money but we will help you get that back. Tell them that as they appear not to believe you, that you are letting them know that will be getting your own independent inspection which will corroborate what you say .

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Hi. BMW only got back to me yesterday afternoon with that info, and this is the first chance Iv had to gather my thoughts on this.

They faffed around for 3 days even though I rang them.

They haven't stated they will charge me for the recovery.

It's the £250 charge for not having the v5 that irks me. 

If you feel there is a chance of success in pursuing them afterwards for the costs incurred in obtaining an independent report, I will do that and get onto it tomorrow. 

I understand what you have said re : no further claims. 

Thank you

 

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The alternative approach is simply as you warn them that you don't accept any of their conditions and that you are going to get an independent report and if that report confirms the defects that you have discovered that you will be claiming from them not only for their breach of your right to reject the vehicle but also for all of the expenses including the inspection.

This actually would be the better way but on the other hand you would be lumbered with the vehicle until it was sorted out

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And in case you haven't seen it, here are a few warnings about buying a used car:

 

 

 

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wheres the replacement V5C from your V62 request gone?

£250! my $^%^"^%" they!

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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Sorry, to be clear.

I bought the car last Saturday.

No v5.

Went to the post office in Monday with the document they did give me.

You pay £25 and they send you a new v5 BUT they estimate 4 weeks to send it.

I'm not waiting for the v5c before I get the car recovered but neither do I want to pay a 'deposit' of £250.

They're crooks. 

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Are you able to organise an independent inspector for the RAC and then simply return the car to big motoring world?

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