Big Motoring World Kent - PX'd my car - new vehicle has serious non reported frontend accident damage impacting engine - paid by debit Card.

[Mumwhoruns]

Can BMW and my bank not class this as dismissing efforts to resolve the matter?

 Do I not need to remind BMW by way of reply that we are rejecting the car and seeking a full refund?

Sorry to be a pain but I do not want our non-response to their email to be taken as our hindering of resolution.

[BankFodder]

In case we haven't said this before, once you have instigated a chargeback, if you cancel it for any reason then you won't be able to re-initiate it.

For instance we have had a case recently where somebody began a chargeback procedure. The retailer then reached out to them offering a refund on condition that they cancel the chargeback.
The chargeback was cancelled and then the refund was not given and the bank was unable to reinitiate the chargeback.

And in relation to your most recent post querying the advice of my site team colleague not to contact BMW – I suggest that you follow his advice. The advice is given in your best interests and your best interests are to sit tight and hope that the chargeback go through.

Of course don't expect BMW to be happy about it but you have begun the chargeback process. I'm afraid now you have to wait but keep us updated

[Mumwhoruns]

Sorry, clearly I'm not understanding well and not questioning the solid advice given.

So we just ignore BMW's email and not respond now as I've started the chargeback?

If they try to call us, do we just refer them to our letter of rejection?

Thank you to all site admins. Really do appreciate the advice given.

[dx100uk]

you dont refer them to anything.

not sure why you keep repetitively refering to wishing to contact them or even entertaining this silly letter tennis...they are not some sort of god over what you do and you do not need their permission, acknowledgement or acceptance about anything you do. 

you've done that all through this thread.

if the chargeback is successful, thats the end of the whole matter and you dont need to do anything more as they have the car.

end of dead gone.

dx

 

[Mumwhoruns]

I hear you and grateful for your response.

The car is still on my driveway...presumably they'll be in contact to retrieve it if I'm successful with the chargeback

[Mumwhoruns]

Just to update, we’ve not responded to BMW since their email on 06 Feb. Not heard anything from my bank on the charge back either, so hoping no news is good news

[BankFodder]

I think that you should chase up for information about the chargeback.

You should keep on top of it because otherwise it will sort of evaporate and everybody will go into denial

[Mumwhoruns]

Just chased my bank and they said they are still investigating and waiting on a response from BMW. Couldn't tell me anymore than that.

[BankFodder]

I think you should phone them up again and tell them that you are making a complaint which you want taken to the ombudsman.

You should remind them that you are the client. Big Motoring World are not their customer and their approach is favouring the interests of this company against you, the customer.
Begin the complaint tomorrow. Tell them that you want it to go to the ombudsman. Get a reference number. Read our customer services guide
 

[Mumwhoruns]

Spoke to the bank today and seems they only contacted BMW on the 14th Feb even though I raised the charge back on the 06 Feb.

I asked why this took so long, and was told the process of investigation has to take place before they contact the merchant.

BMW haven't responded to them yet and I was told by the bank that I need to pursue getting a resolution with BMW alongside the chargeback (which takes minimum 6-8 weeks) and which may not necessarily result in resolution in my favour.

I stated the ombudsman and was given spiel about did we do checks on the merchant before purchasing from them as 'I can't just rely on the bank to recoup my funds'. 

Bank have said that earliest I would find out if the chargeback case is resolved would be mid March.

Does the delay with the chargeback process being over the 30 days impact my rejection of the car and request of a full refund?

call was recorded and I'm keeping the log of everything still

[dx100uk]

god what a bank!! judge and jury when they should simply be carrying our their customers demand for chargeback on the spot...

[BankFodder]

I hope that they have logged it as a formal complaint and you will go to the ombudsman.

It sounds to be easily if you tried to make a formal complaint and they gave you a telling off.

I suggest that you contact them again and check but there is a formal complaint in motion.

Then you should get very short with them until that you will add that to your ombudsman complaint as well

[Mumwhoruns]

Bit of an update.

BMW have been in contact and agreed on the rejection but figure does not appear to include the part x figure of our car, so will be chasing that up and rejecting their figure as we are now left with no car.  

Their agreement to rejection however hinges on a number of things such as removal of derogatory comments regarding them, the car and the situation on any social media, the agreement not pursue any other claims post refund and a few other crappy bits like wanting us to pay 250 now which they then refund

- I wont paying a penny more.

 

Quote

The customer agrees that any derogatory or disparaging remarks about the
repairer, or any of its officers or employees that have been made on any website
or social media by himself or any party representing him will be removed prior to
the above settlement being paid.

Obviously, I've not been in contact with my bank regarding the charge back and wont until money from BMW is in my account (with the part x money).

 

[Nicky Boy]

Would be an idea to upload the whole letter.

I think @BankFodder will have quite a bit to say about this!

[BankFodder]

Yes please. We would like to see the letter as quickly as possible.

[BankFodder]

Still waiting for you to respond to us in respect of this document/offer that you have received.

I hope you have sent any response to it yet.

Post it up here please

[Mumwhoruns]

Sorry,

the snippet was sent to me this morning by my husband as the correspondence between us and BMW has been with him as he is the named owner.

I don't have access to his emails and his currently over the atlantic on his way back from business.

No response has been sent to BMW, although he mentioned they are chasing his response.

 I should be able to post the version tomorrow

[BankFodder]

Yes please. We need to see the whole thing. If your husband is often away then it might be an idea to agree with him that you should receive full copies of all correspondence rather than snippets.
I suggest that you don't make any response until we have had an opportunity to comment here.

I should tell you straightaway that their demands that you remove comments about them are unenforceable

[Mumwhoruns]

He's not thankfully, just unlikely that its come in the last few days.

I did think that,

though it seemed from what he said that it was one of their clauses for refund...

i.e. - you can have your money back and we'll collect the car but you can't talk about it to anyone,

need to pay us £250 until the car is returned (god knows what for) and not drive the car or we'll charge you £100 per mile (the car hasn't moved since returning from the garage),

oh and I think there was a confidentiality piece too.

 Absolute jokers, verging on an NDA.  

Clearly they have people scouring sites like this and other social media so have had to up their game to shut people down. Shocking

[BankFodder]

We need to see the letter.

Yes they monitor the site and the Facebook complaints page. We are scrupulously honest in what we do so we aren't at all worried.

Get the letter and post it up here. Please don't delay.
There is nothing else we can say until we see it at first hand