Big Motoring World fault within 2 days from purchase

[APT]

Hey There,

First of all I want to say a big thanks from everyone you helped so far, i have gone though most of the issues specific to Big Motoring World here and seen the dedication and support of the team.

On Sunday 3rd of March (2 days ago..)

I bought a BMW from Big Motoring World in Peterborough Werrington,

this morning Engine Malfunction Light (EML) or check engine light went on.

I immediately drove down to Big Motoring World Wimbledon which is closest to where I live.

I demanded for them to check the car and tell me what the issue is,

they have repeatedly turned me down and said that they cannot check the car if I don't have an appointment.

After a couple of hours and a few management levels a manager came down and pulled me out of the showroom (so other customers cannot hear the situation) to only tell me again they can do nothing about it and that next available appointment is close to 26th of March!!

After some persuasion one of his mechanics came out and picked up the car to check what the issue may be. He then informed me that it is a NOX sensor & oxygen sensors that need replacement and that they will only be able to do the fitment on March 26th.

While I drove back home I started noticing a loud and "alarming" clicking and popping sound that seems to be coming either from suspension or axle ( I assume as I am not a mechanic..).

I also called their warranty team to let them know that I booked a diagnostics test for next week in a BMW dealership, when I mentioned that to them they said "we strongly advise you to not go in a BMW dealership as they don't like working with us..."

I understand this is mainly because warranty covers up to £75/hr labour cost while dealerships would charge more than that... In any case I do have an appointment and earliest availabilty is next Wednesday 13th of March.

With what I have experienced in the first 2 days of owning the car I don't want to keep it as it seems to be problematic and

I have already emailed them requesting what the steps are to kickstart the return process... from what I read in other topics here I expect them to say they cannot accept the return and try to hassle me..

Therefore tomorrow I plan to send them the below email and also a signed version of it via post,

I have got the below from a different topic and made changes to reflect my situation

Quote

 

Dear Big Motoring World,

Notice of Rejection Vehicle Registration XXX

I am writing to formally assert my rights under the Consumer Rights Act 2015 regarding the car that I purchased from your dealership on 03/03/2023, for which I paid a total of £25899 (Vehicle Price £24200, Buyers Fee £249.17, Gard X £416, 67, Warranty 12 months £750.01, VAT £283.15).

Within the initial 30 days of ownership, a significant defect has materialised in the vehicle, specifically related to its NOX and oxygen sensors as identified by Big Motoring Company Wimbledon and also a very alarming clicking noise when the car turns.

Upon noticing the engine the Engine Management Light (EML) on Tuesday morning 5th of March I immediately drove down to my closes Big Motoring World branch in Wimbledon, upon looking at the car the engineer of the above mentioned branch suggested that there is an issue with the NOX and oxygen sensors and these will need to be replaced. Later the same day I did also notice a very loud and alarming clicking and popping sound when I turn the car.

Under the provisions of the Consumer Rights Act 2015, it is explicitly stated that goods must be accurately described, fit for their intended purpose, and of satisfactory quality. Given that your dealership is in breach of this contractual obligation, and considering that the defect materialised in the car within the first 30 days of ownership, I therefore am rejecting the car and requesting a refund in accordance to my statutory rights.  

Please will you respond without any delay, clearly outlining the process for receiving a refund and the arrangements for facilitating the return of the vehicle.

As required by the Consumer Rights Act I expect Big Motoring World to take full responsibility for coordinating the return of the vehicle. 

I trust that you will handle this matter with the seriousness it deserves, acknowledging my rights under the Consumer Rights Act 2015, and promptly addressing the refund and return of the vehicle in accordance with the law.

Yours sincerely,

 

I would please like to get your thoughts and advise on the matter and your recommendation on how to proceed,

I did have to spend time today away from my work and seems that same will happen next week if I get the car to the BMW dealership for an independent investigation (do feel this is required and will help with my situation)? If not I can cancel as it will cost a significant amount of money and time.

 

The car is a BMW X3 XDRIVE20D M SPORT MHEV 2020 model with 60229 when I bought the car (now it has 60368)

Because we bought the car we also rented a parking space in our residential building that costs £250 per month, which means it will not be utilised as I dont plan to drive the car until I know more and also if Big Motoring World takes the car back until we get another car..

Sorry for the long email and I really appreciate any support and guidance.

sorry forgot to mention that car was paid in full by bank transfer at point of sale, 50% by my account and 50% from my partners account.

 

Sorry my bad

we paid by two cards splitting 50/50 and not a bank transfer, disregard the above.

A few more info, the car has a valid MOT and had a service at 57k miles 10/2023 and when we bought it had 60k miles

[APT]

Thanks and I really appreciate the support here,

a bit more context

when I visited yesterday Big Motoring Company I did tell them that I want to return the car,

they said they identified the fault and ordered the parts but I did not agree to fitment neither an appointment.

I told them I want to return the car and they gave me a card with an email address so I can start the process..

Just for clarity the appointment I have next week is with BMW (car company) not Big Motoring World.

I've rewritten the letter based on your feedback and it looks as per below,

we don't want to keep the car as its clear that it has faults, therefore we prepared to go down the legal way.

Do you suggest sending the letter without it and then depending on their response we include or send it as is now?

Thanks again and I appreciate the support.

Quote

Notice of Rejection Vehicle Registration XXX

Letter of Claim

I am writing to formally assert my rights under the Consumer Rights Act 2015 regarding the car that I purchased from your dealership on 03/03/2023, for which I paid a total of £25899 (Vehicle Price £24200, Buyers Fee £249.17, Gard X £416, 67, Warranty 12 months £750.01, VAT £283.15).

I'm also writing to put your notice that if you do not accept the rejection and organise collection and refund of my money within 14 days that I will start a legal action against you.

Within the initial 30 days of ownership, a significant defect has materialised in the vehicle, specifically related to its NOX and oxygen sensors as identified by Big Motoring Company Wimbledon and also a very alarming clicking noise when the car turns.

Upon noticing the engine the Engine Management Light (EML) on Tuesday morning 5th of March I immediately drove down to my closes Big Motoring World branch in Wimbledon, upon looking at the car the engineer of the above mentioned branch suggested that there is an issue with the NOX and oxygen sensors and these will need to be replaced. Later the same day I did also notice a very loud and alarming clicking and popping sound when I turn the car.

Under the provisions of the Consumer Rights Act 2015, it is explicitly stated that goods must be accurately described, fit for their intended purpose, and of satisfactory quality. Given that your dealership is in breach of this contractual obligation, and considering that the defect materialised in the car within the first 30 days of ownership, I therefore am rejecting the car and requesting a refund in accordance to my statutory rights.  

Please will you respond without any delay, clearly outlining the process for receiving a refund and your the arrangements for collecting facilitating the return of the vehicle.

As required by the Consumer Rights Act I expect Big Motoring World to take full responsibility for coordinating the return of the vehicle. 

I trust that you will handle this matter with the seriousness it deserves, acknowledging my rights under the Consumer Rights Act 2015, and promptly addressing the refund and return of the vehicle in accordance with the law.

Post my vehicle purchase I was made aware of your reputation for stalling and attempting to frustrate customers.

As indicated above, the fault has been confirmed by your own mechanic.

I have more recently received an email from you which suggest that you are proposing to repair the fault.
Please note that this is not been discussed with me. I have not agreed to any action by you to address any faults.
I'm putting you on notice that any arrangement to repair the vehicle should only be made after discussion with me and agreement in writing.

Your unilateral proposal to repair the vehicle is thoroughly in keeping with the reports and complaints which I have read over the Internet including Facebook.
If you decide to stand by this position then this letter and extracts from the Internet will be shown to the County Court judge who I am sure will draw their own conclusions.

If you do not make appropriate arrangements to collect the vehicle and to refund me in full within 14 days from today then I shall begin a County Court claim against you and without any further notice.

In your email to me dated XXX, you claim to have a verification problem because you say that you cannot find my email address. I already have a number of emails From youaddressed to meAnd which have successfully arrived.

I don't believe that you can't find my email address and that you can't verify my identity – but if that really is the case then this points to inaccurate data processing which is a breach of the Data Protection Act and I will include a claim for that also when I have you for the refund of the purchase price of my vehicle

Please note that I will not be bound by any you should not attempt to impose upon me any duties of confidentiality or without prejudice without my prior written agreement.

 

Sincerely, x

 

I assume that we also wait before we go for a chargeback ?

Also I amended the last paragraph as I was made aware about their reputation post purchase…

They’ve just replied with me wanting me to verify the email address im trying to use

[APT]

This is the case that I got that car and within 2 days I had an engine light come on, I got the car to them, after a couple of hours of saying they cannot see the car without an appointment they finally agreed to have a look at it and confirmed they found two sensors that need replacement. 
 

they said they ordered the replacement parts but I told them I want to return the car so they gave me a card with an email address I had to contact.

i did and they came back with the verification question, I checked all my documents yesterday and all docs I signed that have my email address on is the correct address.

also as said same day on the way back I noticed this very loud noise from the axle probably when the car turns 

[APT]

They didn’t say they will not refund, so far only thing they said is they cannot find my email address in their database 

[APT]

Yes sure, we are not prepared to keep the car 

[APT]

Will make some changes and post back in an hour or so thanks 

[APT]

@BankFodder In the meantime I received this, it was sent via email but they have my partners name against my email address….

I hope you are well, I have tried contacting yourself regarding the concerns raised with your vehicle.

 

• What concerns are you experiencing?
• Are there any warning lights/messages illuminated on your vehicles dash?

 

If you could provide the diagnosis that states there is a concern with the oxygen and nox sensors that would be great so I can assist yourself further.

[APT]

@BankFodder revised the letter, reads as per below. I added a sentence that they actually gave me the card with their email address so I can start the process to return the car

Quote

Notice of Rejection Vehicle Registration XXX

Letter of Claim

I am writing to formally assert my rights under the Consumer Rights Act 2015 regarding the car that I purchased from your dealership on 03/03/2023, for which I paid a total of £25899 (Vehicle Price £24200, Buyers Fee £249.17, Gard X £416, 67, Warranty 12 months £750.01, VAT £283.15).

Within the initial 30 days of ownership, a significant defect has materialised in the vehicle, specifically related to its NOX and oxygen sensors as identified by Big Motoring Company Wimbledon and also a very alarming clicking noise when the car turns.

Upon noticing the engine the Engine Management Light (EML) on Tuesday morning 5th of March I immediately drove down to my closes Big Motoring World branch in Wimbledon, upon looking at the car the engineer of the above mentioned branch suggested diagnosed that there is an issue with the NOX and oxygen sensors and these will need to be replaced. Later the same day I did also notice a very loud and alarming clicking and popping sound when I turn the car.

Under the provisions of the Consumer Rights Act 2015, it is explicitly stated that goods must be accurately described, fit for their intended purpose, and of satisfactory quality. Given that your dealership is in breach of this contractual obligation, and considering that the defect materialised in the car within the first 30 days of ownership, I therefore am rejecting the car and requesting a refund in accordance to my statutory rights.  

Please will you respond without any delay, clearly outlining the process for receiving a refund and your arrangements for collecting the vehicle.

I'm also writing to put your notice that if you do not accept the rejection and organise collection and refund of my money within 14 days that I will start a legal action against you.

As required by the Consumer Rights Act I expect Big Motoring World to take full responsibility for coordinating the return of the vehicle. 

I trust that you will handle this matter with the seriousness it deserves, acknowledging my rights under the Consumer Rights Act 2015, and promptly addressing the refund and return of the vehicle in accordance with the law.

As indicated above, the fault has been confirmed by your own mechanic. At which point I informed them that I want to return the car and they handed me a card with your email address so the return process can start.

If you do not make appropriate arrangements to collect the vehicle and to refund me in full within 14 days from today then I shall begin a County Court claim against you and without any further notice.

In your email to me dated 06/03/2024, you claim to have a verification problem because you say that you cannot find my email address. I already have a number of emails from you addressed to me and which have successfully arrived. 

I don't believe that you can't find my email address and that you can't verify my identity – but if that really is the case then this points to inaccurate data processing which is a breach of the Data Protection Act.
Also on your email to me dated 07/03/2024 you are addressing me with the wrong name and this also is a breach of the Data Protection Act by inaccurate data processing.
Please note that I will not be bound by any duties of confidentiality or without prejudice without my prior written agreement.

 

Sincerely, x

 

 

Edited March 7 by BankFodder
Further edits in orange