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

[ATJ]

I did notify BMW allowing them to inspect the vehicle is not a withdrawal of the rejection.  But will issue this notice again.

I did have diagnosis completed independently and shared the report on this platform.

Yes, car came with MOT until Oct/Nov this year. Do not know where carried out.

 

[BankFodder]

The point about my question regarding the MOT – was to be sure that it wasn't carried out by Big Motoring World themselves

[ATJ]

Have checked and  MOT was carried out by an independent garage. 

Just in from BMW …

Good morning ........

As you will see from the confirmation email this appointment is for an initial diagnosis only, it is likely you will be required to rebook for further diagnosis/repair work. If any concerns can be rectified in the appointment however, they will be.

If you have any further questions, please do not hesitate to let me know.

[BankFodder]

Exactly as we suspected.

You should make it clear to them that your rejection stands. They should understand that if they take any action to rectify any faults, that is a matter for them that it doesn't affect your rejection.

Have you told them about the independent inspection?

In fact I suggest that you send them a letter of claim and be prepared to take legal action.

I think the letter of claim should make it clear that you are allowing them to have the vehicle for a diagnosis as a gesture to them. You do not consent to any repairs. You are not withdrawing your rejection. You are attaching a copy of your own diagnosis.

If they don't arrange collection of the vehicle and a refund within seven days after their own diagnosis, that is 21 February, then you will begin a legal action and without any further notice.

I think this is the only way forward with these dishonest bullies. Draft your letter of claim as soon as possible and post it here.

[ATJ]

Thanks I will work on the draft letter of claim and once done will post here.  

Co-incidentally I have just arrived home to find by 2nd class post, service history documents for the car sent by BMW.  

This is the first I’m seeing of these documents .  Should these not have been made available for my review at the dealership before purchase of the car ?

[BankFodder]

I'm not sure if there is any rule about that. I think it would have been prudent for you to have required to see the documents at the time of sale.

[ATJ]

Hello I’ve drafted the letter of claim below to the best of my ability.  Please can you review and amend as needed.  Thanks 
 

Big Motoring World Head Office, Bailey Drive, Gillingham Business Park, Gillingham, Kent, ME8 

To Whom It Concerns

Re: Letter of Claim 

Please treat this as a formal letter of claim pursuant to pre-legal action for refund of all costs plus interest owed in the purchase of vehicle BL67 DKN from Big Motoring World (BMW) Enfield on 17 January 2024; costs for diagnostic inspection of the vehicle on 23 January 2024; travel by public and private transportation required since purchase of the vehicle; and compensation for the inconvenience caused.

On 18 January, I discovered the vehicle was not of satisfactory quality as the engine management light illuminated on the dashboard, the car was juddering when driven and the engine subsequently cut out.  You were immediately informed and offered to check the vehicle on 25 March 2024 advising it should be driven with caution in the interim.

The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality.   This vehicle is clearly not of satisfactory quality, roadworthy of fit for purpose.  You are therefore in breach of contract.

On 19 January 2024, I therefore submitted to you a written Notice of Rejection under The Consumer Rights Act 2015 requesting collection of the vehicle and refund of all monies paid towards its purchase.

On 19 January 2024, Black Horse Ltd, through which the vehicle is financed, was also notified of the rejection and agreed to investigate my complaint. 
 

On 19 January 2024,  the Citizens Advice Consumer Service was informed of the issue (case ref 18200730) and agreed to investigate.

On 22 January 2024 you,  BMW, acknowledged receipt of my rejection and request for refund. 

On 23 January 2024, I discovered in an emailed electronic document dated 17 January 2024, that you confirmed the vehicle as having an outstanding recall.  

On 23 January 2024, I contacted the DVSA, and vehicle manufacturer, Mini UK, and it was categorically confirmed that no outstanding recall exists on the vehicle.  You are therefore in breach of contract for inaccurately describing the goods supplied.

On 23 January, I notified you in writing of my intention to have a diagnostic inspection carried out on the vehicle independently.  The inspection report and estimated cost for repair work is attached.

On 1 February 2024, Citizens Advice  write confirming the issue is reported to Trading Standards.

The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality.   This vehicle is not of satisfactory quality, as described, roadworthy or fit for purpose.  You are therefore in breach of contract.

I therefore do not consent to any inspection, or diagnostic appointment or repair to be undertaken and you doing so does not surrender of my right to reject, as my rejection of the vehicle remains and is not withdrawn.  You are therefore asked to arrange collection of the vehicle and process a refund to me of monies paid plus VAT and interest incurred within seven days. that is 14 to February 2024, you fail to meet my request, then I will begin legal action without further notice. 

£99 - Reservation Fee

£299 - Administration Charge

£XXXXX – Deposit (minus £XXXX paid to clear outstanding finance on my p/x vehicle)

£60 – diagnosis report

Claim Total £XXXX

Yours sincerely, 

 

 

 

 

[ATJ]

Any thoughts on the letter of claim ?  Is it suitable to send to BMW today once refund amounts are added. 

[BankFodder]

In principle the letter was fine. However in at least one place you have completely repeated a paragraph concerning their duties under the 2015 act.
 

Secondly, I don't understand what you're trying to say about the outstanding recall. You say that BMW confirmed that there was an outstanding recall. Then you go on to say that DVLA said that there was no outstanding recall.

Maybe you can explain what you mean by this. I don't understand.

Finally, you haven't given the totals for the claim. Why not?

[ATJ]

Thanks.  I’ll remove the repeated paragraph.

Re: total of claim. Was still double checking my calculation hence XXXXX.  But can now add in figures.

Re: recall.  In documents emailed to me after the vehicle purchase, BMW state the car has an outstanding recall and to contact DVSA for further details. I did this and they put me onto Mini UK, as the manufacturer, who confirm recall was resolved in 2018 and there is nothing outstanding on the vehicle. 

Have tried to upload copy of relevant doc for you to see but system is saying wrong type of file ??? 

[dx100uk]

PDF only <4.8Mb

use the online sites listed in UPLOAD

[BankFodder]

So do I understand about the recall that you had been alerted that there was an issued which needed to be resolved but you then discovered that in fact there were no insurance and in so far as the recall was concerned there were no faults to be addressed?

And if that is the case, then why have we raised it here if it turns out that there was nothing wrong with the car in respect of the supposed recall

[BankFodder]

??

[ATJ]

The purpose of raising the recall issue is to demonstrate that BMW mislead customers.  In this case an issue confirmed as outstanding on the vehicle,  does not exist as was resolved in 2018. 

So yes, it does not appear to relate to the current issues with the car so I’ll not include it in the LOC. 

The recall excerpt from the checklist document is attached.

Adobe Scan 7 Feb 2024.pdf

[BankFodder]

Yes I agree. I think it is best to leave it out.

If the recall error had worked in your favour then we would have used it. If they had said that there was no recall but in fact there was one so that you had been at a disadvantage then it would have been helpful to you.

[ATJ]

Update.  The LOC was issued to BMW on Friday.  

They have just emailed me the following….

This email is to confirm we have received your rejection request.

We will now be reviewing this for you and will be back in contact shortly.

 

[BankFodder]

I have just looked at the letter of claim again and I see that you gave them seven days before taking the legal action. Is this correct?

Maybe it was an oversight by me but the requirement is that you given 14 days.

Not a problem, we will simply extend the date.

Could you confirm exactly what you did send. Please could you post it up here for us to see in PDF format

 

In fact I think that you eventually sent this letter off without letting us see the final version and getting an okay from us.

I suggest that you don't send of anything in future without checking with us first. This is way that mistakes are made if you do not

[ATJ]

The only amendments made to the letter was inclusion of the deposit amount for refund and removal of the paragraph which you said was repeated.  The deadline for their reply was not changed. 

[BankFodder]

Please will you post up the copy of the final version of the letter which you sent in PDF format.

[ATJ]

LETTER OF CLAIM - BL67 DKN
Big Motoring World
Bailey Drive
Gillingham Business Park
Gillingham
Kent
ME8 0LS
To Whom It Concerns /Big Assist,

Please treat this as a formal letter of claim pursuant to pre-legal action for refund of all costs plus interest owed in the purchase of vehicle BL67 DKN from Big Motoring World (BMW) Enfield on 17 January 2024;

costs for diagnostic inspection of the vehicle on 23 January 2024;

travel by public and private transportation required since purchase of the vehicle; and compensation for the
inconvenience caused.

On 18 January, I discovered the vehicle was not of satisfactory quality as the engine management light illuminated on the dashboard, the car was juddering when driven and the engine subsequently cut out.

You were immediately informed and offered to check the vehicle on 25 March 2024 advising it should be driven with caution in the interim.

The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory
quality. This vehicle is not of satisfactory quality, as described, roadworthy or fit for purpose.

You are therefore in breach of contract.

On 19 January 2024, I therefore submitted to you a written Notice of Rejection under The Consumer Rights Act 2015 requesting collection of the vehicle and refund of all monies paid towards its purchase.

On 19 January 2024, Black Horse Ltd, through which the vehicle is financed, was also notified of the rejection and agreed to investigate my complaint.

On 19 January 2024, the Citizens Advice Consumer Service was informed of the issue (case ref ............) and agreed to investigate.

On 22 January 2024 you, BMW, acknowledged receipt of my rejection and request for refund.

On 23 January, I notified you in writing of my intention to have a diagnostic inspection carried out on the vehicle independently. The inspection report and estimated cost for repair work is attached.

On 1 February 2024, Citizens Advice write confirming the issue is reported to Trading Standards.

I therefore do not consent to any inspection, or diagnostic appointment or repair to be undertaken and you doing so does
not surrender of my right to reject, as my rejection of the vehicle remains and is not withdrawn.

You are therefore asked to arrange collection of the vehicle and process a refund to me of all monies paid plus VAT and interest incurred within seven days, no later than 15 February 2024.

If you fail to meet my request, then I will begin legal action without further notice.

£99 - Reservation Fee
£299 - Administration Charge
£3,808.40 – Deposit (£4,701 minus £892.60 paid to clear settlement on my p/x car)
£60 – diagnosis report
Total £4,266.40

I look forward to your prompt reply to bring this matter to a final resolution.

Yours sincerely,

[BankFodder]

You have to give 14 days notice. You have set a deadline of today.

Change the deadline and then it is okay to send. Let us know what deadline you have given and the date that you send it

[BankFodder]

Hang on, I'm confused now. Have you yet to send this or have you sent it?

If you have sent it already – then today is the deadline. Have you draft your particulars of claim? We should be issuing thing tomorrow.

Please can you clarify

[ATJ]

The letter was sent on 8/2/24.

[BankFodder]

And you gave them a seven-day deadline?

[ATJ]

Yes