Big Motoring World bluebell hill ST68 ZXR

[ond123]

I’ve been advise to post on here for help! 

my son purchased his car on 14/08/23 

he’s had numerous problems since,

various emails and insane amount of unanswered calls!

Purchased from BMW bluebell hill, purchased extended warranty..

cars broken down twice and showed gearbox fault 4 weeks after purchase,

taken to a garage and they couldn’t find fault, light went off, they advised to take straight back if light returned, which it did.

They still couldn’t locate fault

they advised it Maybe oil level in gearbox (automatic) could try draining replacing, they couldn’t say if would help because couldn’t see the level.  

BMW said they wouldn’t  cover that as it’s wear and tear?

£500 for a job which may/May;not help.  

Then car broke down and EML came on as well,

cannot mot because of this, now no MOT either,

 had to pay to get car recovered,

since then car shows EML on and off.

BMW have said they won’t entertain it as we should have had the oil changed, which may/may not have been the issue anyway!

Really want to give car back but not sure if possible, 6 months runs out feb 13th..

I’m having difficulty attaching emails and diagnostic reports but as soon as I figure it out I’ll put them up 

any help/advise greatly appreciated

 

 

[BankFodder]

You must assert your right of rejection now. Don't waste anytime.

Send them an email saying that you are invoking your 6 months right to rejection And you are giving them one opportunity to repair the problem and if they decline or if they fail then you want to know what they're arrangements are for collecting the car and refunding you your money.

Do this now. Don't hang around.

Come back here when it's done and post a copy of what you have sent.

Do it by email. Send a copy by post.

[ond123]

Will do that now Thankyou 

[dx100uk]

read our upload guide CAREFULLY. 

use the online sites listed there to complete the task.

please ONLY put up one mass multipage PDF not LOTS of single page PDF's.

put everything in date order in the PDF please

dx

 

[ond123]

Ok Thankyou I will do this when home from work 

 

ST68ZXR..pdf

[BankFodder]

I had thought that we were going to see a copy of your letter of rejection.

[ond123]

Yes I am waiting for my son to send to me then I will forward on,

I had asked my son in law to help upload all correspondence so far,

just waiting for letter then will post 

Ben 

Quote

 

Dear Sir/ Madam

Ref: ST68 ZXR

On 13/08/2023 I purchased, and took delivery of, the above vehicle Land Rover Discovery Sport from you.

After 3 weeks I discovered that it was not of satisfactory quality due to an error message keep appearing stating ‘Gearbox Fault’

I subsequently called BMW and followed with an email on 19/09/2024 with photo of the error. Although this kept appearing once the car had been switched off and on again it was as if the fault was no existent.

Since we first raised this issue there has been several correspondences between me and BMW albeit no helpful assistance or advise has ever been received.

This fault has also resulted in putting my family in harm’s way to the point we are no longer prepared to driver the vehicle.

The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality.

However, the vehicle is clearly not roadworthy.

You are therefore in breach of contract.  

I am legally entitled to ask that your repair or replace this vehicle at no further cost to me.

If you are unable to do so, I expect to be reimbursed the original purchase price of £26,100.00 minus an agreed amount for fair usage.

If you fail to reimburse me, I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you.

Yours faithfully,

Ben 

 

 

 

 

 

[Nicky Boy]

That isn't a letter of rejection.

I suspect BankFodder may be drafting something up, but just in case he's busy, take a look at post 11 here...

https://www.consumeractiongroup.co.uk/topic/465101-big-motoring-worldmotonova-finance-yr18-fjj-suspension-has-failed-within-6mts/#comment-5246000

Notice of rejection...

This is the sort of wording you need to use to invoke your statutory right to reject.

[ond123]

Will try get this done this afternoon after work 

The car has turned on with faults showing… no gearbox fault and no EML on.  

We arranged for someone to come with diagnostic machine which showed many many readings,

I took photos of errors,

we then managed to get it straight to MOT centre and got MOT today.

at least if it breaks down we are covered with breakdown cover..

as the car is now showing no faults are we still able to reject it?

I’m sure it’s only a matter of time before it happens again as has been the case previously. 

[BankFodder]

Yes, sorry. I gave the letter a like but was rushing around using a telephone and didn't pay enough attention.

It is neither a letter of rejection and nor is it a letter of claim. Falls somewhere between the two.

Yesterday at about 2 o'clock I did say that you should write a letter of rejection and that you should do it immediately and don't waste any time.

We are now Friday evening and as far as I can see, nothing has been sent but you are waiting for some input from your son.

I think it is all rather more serious than this and you shouldn't let time slip away from you. Your six months expires on Tuesday – but I don't like cutting things fine.

You can be certain that Big Motoring World will exploit any technicality to frustrate you.

 

[ond123]

I actually used a template for the letter and sent to my son.. which he did and sent back.. unfortunately I was obviously misinformed With the template…

I don’t like cutting things fine either or wasting anyone’s time… 

so shall I use the advise given earlier by @Nicky Boy.. although  the rejection letter states that car is unusable and my sons is now going… I just want to get this right? 

[dx100uk]

pers i would forget it's currently 'ok'

immaterial you already know the fault comes and goes, an oil will expand and contract during hot/cold weather and use.

worst case is its congealing or contaminated with wear debris that float around when hot and blocks the filter and it's in a gearbox so thats slowly very very fatal.

 

 

[BankFodder]

Could you tell us where the template came from please.

If it came from this website then I would like to remove it.

I'm not sure how it got there

[ond123]

ST68 ZXR Notice of Rejection Letter 09.02.2024.pdf

Hopefully this one’s acceptable?

I will try to find where I found the template and let you know, it would have been here or on Facebook BMW complaints group, 

The template link is being shared in the bmw complaints group on Facebook, it’s a www.which.com link 

Edited February 10 by ond123

[BankFodder]

31 minutes ago, ond123 said:

The template link is being shared in the bmw complaints group on Facebook, it’s a www.which.com link 

I expect that you are going to feel that what I'm going to say now is a little harsh. It's for your benefit but also others who visit this forum and this thread.

We are volunteers. We do everything for nothing. We help you and others who come here very enthusiastically and very quickly with very positive and directed advice.
The people who put templates together at Which magazine are paid. They don't follow through. There are simply models which people copy down and use which will mindlessly. If those templates then find their way onto Facebook, they find their way to a group of people who are well-intentioned but frankly lost.

Dealing in a forum format is already difficult enough because there is the to and fro and asking questions and the time taken for people to respond back.
If you are taking advice from Which magazine or if you are still taking advice from the Facebook group and I suggest that you keep with them until you feel that they are no longer helpful to try and ride two horses at the same time is confusing for you. It is also confusing for us because we are giving advice and then we don't realise that you are actually taking advice from somewhere else and trying to stitch the two together.

There are other people who come to this forum who aren't taking advice elsewhere and we can dedicate our time to them.

We aren't in competition with these other organisations but we don't want to have our time wasted because we got lots of other things to do.

You have retrieved a third or fourth hand template which we have already pointed out doesn't fit the purpose of what we are trying to do. In fact it doesn't seem to address any purpose at all but it is simply wasting everybody is time and brought you even closer to the deadline for filing a letter of rejection without ever actually having done so.

I'm also getting very worried about this because you are apparently doing this on behalf of your son.
Where is your son?
Not only are you o are a you what I was using thirdhand templates but it seems that we are doing this thirdhand on behalf of somebody who is actually the person who got himself in trouble and yet his dad is trying to sort out the mess for him.

If this goes to court – and it may well do, then it will be your son who will have to bring legal action. It will be in his name. It will be he who has to complete the forms and be in control of the situation.
if it goes to trial – although this is most unlikely – it will be your son who has to sit in court and understand exactly what he is doing and understand the history of the process that we have helped you with so far.

Bringing a claim in the County Court at the small claims level is not at all difficult but one has to at least have understood how one got there and to be able to perform reasonably confidently in court.

I think it would be helpful to everybody if your son started to get involved and take responsibility for this and I think it will be helpful to everybody if you made a decision that you are going to take advice from this forum or you're going to take advice elsewhere and stick with that.



 

[BankFodder]

I have looked at your letter of rejection. It's a bit verbose but it will do.

Also, by having mucked around with this letter and delaying it, you're pushing the reasonable date for action by them onwards, at the moment I suppose the sixteenth is a reasonable deadline if you take much more time about this then you're going to have to change that deadline .

These delays are unnecessary.

Once again, as I said in my previous post, you may think that I am being harsh – but you are dealing with a lot of money here. You are dealing with a company that is extremely unpleasant to deal with. This is a serious matter and it is to be taken seriously. This is not a Facebook group any more.

I think it is highly likely that you will eventually have to begin a legal action. Does your son realise this?

[ond123]

Hi,

I do understand what you are saying totally,  and I backed away from Facebook as soon as I was advised to visit this group..

I only used the 1st template as I already had it saved, then @dx100uk kindly informed me it wasn't any good and sent a link to a guide line one which was more acceptable, hence where the 2nd one was drafted, 

my son is aware and he is Ben, the person writing all the emails/letters, I’m just posting on here and relaying the information, I have more time to monitor this than he does.

i take every piece of information and advise with gratitude and thanks and in no way want you to think we are messing around with this.

so to clarify is this 2nd rejection letter acceptable to send via email? And can be hand delivered to BMW today? 

[BankFodder]

Yes

[ond123]

Should the letter be hand delivered to Snodland who we are in contact with? Or head office bmw Gillingham? Or doesn’t it matter? I’ve done a few copies so can do both? 

[BankFodder]

Yes, both why not. They will ignore it anyway. The whole objective here is to get the things with the door and so you can show that you have rejected and that you have evidence to support this.

Hopefully you have finally got round to sending the letter of rejection.

I think we now need to address the warranty. We will deal with the vehicle and the warranty – separately but in parallel.

I think it would be helpful if you would start a new thread, please.

I suggest that you call it something like "Big Motoring World – Wish to Cancel the Warranty"

Then please tell us a bit about the warranty, dates, money paid, have you used it, what has been said about it, what your understanding was – I'm sure you can work out all the kinds of details that we need so that we have a complete understanding and don't have to waste time asking you questions.

Also, I suggest that you have a look at this thread which is very relevant to your position.
I have put a link to your thread on that story so they can also refer to you.
 

 

[dx100uk]

On 10/02/2024 at 10:00, ond123 said:

then @dx100uk kindly informed me it wasn't any good and sent a link to a guide line one which was more acceptable, hence where the 2nd one was drafted,

EH? where....

[ond123]

Sorry wasn’t @dx100uk was @Nicky Boythat helped with letter..

 

and Thankyou @BankFodderi will get onto what you have advised  asap, and yes All letters and emails have been sent 

[BankFodder]

Please have a look at the topic which I have linked above in respect of the evidence that you will need to support a challenge to the warranty.

Please let us know what you have in terms of evidence and whether you think you are ready.
Please start acquiring screenshots et cetera and post them up on this thread.

Also have a look at the letter of claim which I proposed on that thread

[ond123]

Will Look into this, Thankyou for the link to the other post about mice.. shocking! 
 

I also agree that my son should really be on this site moving forward as will be simpler for all concerned, rather than passing information about,  i will get that sorted asap 

Thankyou 

[ond123]

Update.. 

 

so after handing the rejection letter to head office and delivering to snodland, had a phone call To say the rejection letter was useless.. (expected that) since then have had a very apologetic phone call and them agreeing to take the car into snodland and fix the problem.. the car is booked in for the 7th March… so let’s see how that goes!