Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

[BankFodder]

It would be an extremely good idea to get an independent diagnostic in advance of Big Motoring World proposing to carry out their own one.
However, I wouldn't simply drop off the keys at BMW. Your finance arrangements for this vehicle are complicated and I think it needs to be done properly and cleanly through the finance company. It's a nuisance because I'm sure Blackhorse Finance are not going to be happy about it and they are going to prevaricate that I think your best interests are to sort it out in a properly structured way

[ATJ]

Will BMW be responsible for refunding cost of the diagnostic check as will initially be between £45-£90 

[BankFodder]

I think it would be reasonable to try and hold them responsible. No guarantees of course – but I think it will be a very good idea to get the diagnostic.

Try this letter – separately. Send it to BMW and a copy to the finance company

 

Quote

Dear Sir/Mdm

Notice of independent diagnostic inspection – vehicle registration number XXX. Finance agreement XXX

As you know I have served a notice of rejection of the vehicle under the consumer rights act.

I understand from you that you would not in any event be able to carry out any kind of diagnosis before March. Clearly this is unacceptable but in any event I have rejected the vehicle and I require collection and refund without any delay.

Because I anticipate that you will try to resist this and try to avoid your consumer obligations I'm putting in hand my own independent inspection.

The fee for this will be £XXX. If the inspection confirms the defects of which I have complained – the dashboard warning light, then I shall be seeking a refund of this fee as well.

Yours sincerely

 

Send the letter straightaway. Book it in for the independent inspection. Once you get this all sorted out if they cause any problems about the fee then we will help you bring a case against them for this.
The amount so small that they will put their hands up and you will get it back. Don't expect them to agree and don't expect an instant refund

[ATJ]

Ok, will do 

[ATJ]

So, have had diagnostics done on car this morning and car needs £1k worth of repairs.

What next ? 

 

Also, apparently the engine management light does turn red - confirmed by 3 approved BMW MINI garages plus BMW MINI manufacturing HQ in Oxford 

[theberengersniper]

That hasn't been my experience, but apparently your vehicle does. My mistake.

But that doesn't change my advice. Your car is telling you there is a problem with it, and you still don't know what that problem is. I can well imagine if that problem turns out to be something which could easily contribute to the degradation of some other component, BMW or your finance company could well object to paying for its repair. 

[BankFodder]

Please stand by for a reply later on

[ATJ]

@theberengersniper totally agree with your advice .

The diagnostic report is back. For those more technically savvy than me, happy to forward copy of it for review and feedback. 
 

 

[Nicky Boy]

Yes, upload it. I'm sure berenger would love to see it!

[ATJ]

here

 

Vehicle System Report.pdf

 

Thoughts ? Do I forward this and qoute for work to BMW copied to finance company 

[BankFodder]

Please check back later

[ATJ]

BMW have just replied saying they have the right to inspect vehicle at one of their own service centre at earliest date in March.  Said I can get independent check done but they will not be liable for any costs.

So the car is still at the garage , can’t keep it there for too much longer. Plus I need a car for work and now having to borrow a friends tomorrow to get around.

Not at all happy.

[BankFodder]

I haven't had a look at the report and I probably wouldn't understand if I did – but it certainly seems to me that the faults with the vehicle are more than you had first thought and more than was originally declared to BMW.

This means that the whole matter is far more serious.
Are you prepared to threaten legal action – and that means that on day 15 you would have to begin your claim.

I think you would have to issue your claim for the recovery of the purchase price of the vehicle. I expect that the finance company would put their hands up before that and it would probably get them going quite quickly – but you can't be sure.
If it went to trial and you won the case – which is highly likely – better than 95% – then I expect that the court would uphold your right to reject and then both BMW and Black was finance would have to sort the problem out for you.

If they did force it to trial then I have to warn you that it could be many months – but we will have to deal with that as we go along.

I don't think there is any other way forward. Having to wait till March simply for a diagnosis and an uncertain result by a company whose own interests are in finding that there is nothing wrong or minimising the defaults, is not good idea and not in your best interest.

So I think that we are in a position where you're going have to send a letter of claim and begin a court action. Are you prepared to do that?

 

And just to outline the alternatives, you could wait till March and hope that BMW agree with you and accept the rejection.
You could wait until Black was finance complete their "investigation" although you can be certain that they will take advice from BMW and they may well find against you. It will take eight weeks for them to complete their investigation anyway and during that time there will be no pressure on them because you won't have issue the claim.
You can go to the financial ombudsman service and complaint but to do that you will have to wait until Black was finance give you a "final response" and they will want to carry out an investigation before doing that and that will take eight weeks.

Starting a legal action will cost money. It may be as much as about £500 or so to be in action for this value although if you win then you will get that money back.

Also you can claim for interest is currently 8%.

I don't see you losing. The car barely 24 hours and it has developed faults or demonstrated faults. You have been advised either not to drive it or to drive it very carefully – and clearly this is not what you paid for.
With a brand-new can't you are entitled to a reasonable standard of service and not have to wait two months simply for a diagnosis. I would say that itself is a breach of contract.

[ATJ]

I have been missold a warranty

I did not want or need on a car which is unreliable and unroadworthy in its current condition meaning I’m currently car-less and unable to do my job (supporting vulnerable older people).

BMW is unscrupulous and I will not back down until this issue is resolved. 

 

 

[BankFodder]

Thank you for this comment. I really you – but it doesn't contribute to the discussion and doesn't bring us any further forward.

You have to let us know if you want to begin legal action. If you do then you should start drafting a letter of claim. That is the next step

In my view not only will you be able to recover the price of the car – you will certainly be able to recover the price of the warranty which really forms part of the contract for the car as if you had not bought the car, you would not have bought warranty.

Incidentally, I suggest that you follow our link – extended warranties – and understand why all you have done is spent £2000 on duplicate rights. You are adequately covered by the consumer rights act.

As a matter of interest, on what basis has the warranty not been applied.

[ATJ]

Yes, will pursue legal action

[BankFodder]

Ok please Draft a letter of claim and then we will have a look at it.

Hopefully we can aim to send it off tomorrow or Friday and then issue the claim 15 days later

Please will you answer the question about the warranty

[ATJ]

Could you clarify your question re: the warranty as I don’t quite understand it.

Note I’m at work so responses will be delayed 

[BankFodder]

Well you said that you had been sold a warranty. Who provides the warranty?

You also seem to express some dissatisfaction with a warranty and you feel that they aren't doing what was promised in the warranty contract. Please can you tell us about that?

What I'm trying to find out is what breaches of contract we can point to when we start the legal action.

You are going to have to become litigation-minded about this

[ATJ]

Quote

Hi.  I haven’t been advised who is the warranty provider nor provided with a copy of the contract.  I was told by the sales exec the car could be taken to any one of the 200+ registered garages linked with them for investigation and repair of any fault.  This is not the case. Based on this and your previous explanation of the worthlessness of the extended warranty, I requested its cancellation under the 14 day cooling off period. BMW wrote agreeing to do this and refund the full cost.  In addition BMW have now offered an earlier date to inspect the car of 15 February.  Do I accept this ? Regarding legal action, I have tried everywhere to find a sample letter of claim to amend without success.  Do you have one ? Also sought support from my bank with taking legal action if needed. 

Hi.  I haven’t been advised who is the warranty provider nor provided with a copy of the contract.

 I was told by the sales exec the car could be taken to any one of the 200+ registered garages linked with them for investigation and repair of any fault.

 This is not the case.

Based on this and your previous explanation of the worthlessness of the extended warranty, I requested its cancellation under the 14 day cooling off period. BMW wrote agreeing to do this and refund the full cost.

 In addition BMW have now offered an earlier date to inspect the car of 15 February.

 Do I accept this ?

Regarding legal action, I have tried everywhere to find a sample letter of claim to amend without success.

 Do you have one ?

Also sought support from my bank with taking legal action if needed. 
 

Edited January 30 by BankFodder
Restructured in order to make it readable

[BankFodder]

Please stand by for a reply later on but in the meantime it will be very helpful if you space and punctuate your posts properly.

They are very difficult to follow when they are a solid block of text especially on a small screen such as a telephone

[ATJ]

Noted 

[BankFodder]

Is 15 February appointment for an inspection or an inspection and a repair?

[ATJ]

Appears to be the latter.  Have asked BMW to clarity.

[BankFodder]

If you allow them to do a repair then they will say that you have given up any right to reject and you have accepted repairs.

There is nothing wrong with putting it in for an inspection that you need to make sure that they know in writing and in advance that your consent to them carrying out an inspection on your vehicle should not be taken as a consent to carry out a repair and you will not be withdrawing your rejection of the vehicle.
You need to do this immediately – by email and by letter.

Please will you remind me – you may already have told us in this thread, but have you had an independent inspection carried out?

Also, new question: did the vehicle come with an MOT? Was it a new MOT? Who did the MOT?