BIG MOTORING WORLD ENFIELD - FLAT BATTERY AFTER 2 DAYS Court claim issued

[Tierce]

I bought a mini in April last year.

On the test drive the battery needed re-charging.

They promised to replace the dead battery with a new one.

2 days after purchase the battery was dead.

They did not replace it.

Rather than reject, I decided to get the battery replaced and had the mini towed to the nearest main dealer.

I told Big Motoring World what I was doing.

They asked me in writing to obtain a diagnostic report and send them the receipted invoice.

I did this in the expectation they would reimburse me.

Since then they have continued to refuse reimbursement.

I took them to Court and they filed a Defence saying I had no authority to get a diagnostic report and I paid too much!

The hearing is on 18th July.

I'll report back.

In the meantime, I would caution anyone thinking of buying a car from this company.

 

Witness statement redacted.pdf My amended POC.pdf

[lolerz]

Hi.

Welcome to CAG.

I've had to edit your post to make it easier to read for people on smaller screens (such as mobile)

Can you post up a redacted copy of your claim form and your draft witness statement so that we can assist?

[AndyOrch]

Topic moved to the appropriate forum.

[dx100uk]

Topic title amended for clarity

DOCX files with pers details in file properties converted to PDF

dx

 

 

.

[lolerz]

Can you post up a copy of the defence from Big Motoring world also?

Read upload <-- to redact and correctly submit as a PDF.

[Tierce]

We dispute the claim on the basis the claimant has made not efforts to mitigate their losses, nor did they obtain any prior
authorisation.

The claimant purchased a used Mini Cooper Convertible from our dealership on or around 21st April 2023.

On or around 23rd April 2023 the claimant notified ourselves that the vehicle had failed to start, the claimant had since had this diagnosed as a battery.

The Claimant proceeded to book their vehicle with Stephen James (BMW/Mini Main Agent) and authorised a battery replacement and paid a total sum of £597.42,

the claimant obtained no authorisation for this cost beforehand, and has since tried reclaiming the full amount.

We have advised the claimant we would not consider the cost of the unauthorised repair he has had completed.

Had the claimant returned the vehicle to the selling dealer, it is likely we would have offered to replace the battery at no further cost to themselves, we have therefore agreed to offer a contribution of £165 towards the repair.

This cost is in line with the cost of a replacement battery had the vehicle been returned to ourselves.

 

 

[dx100uk]

TBH gotta be quite frank here as much as we hate BM world.

why didn't you not simply change the battery?

or come here FIRST before launch a court claim?

or let them do it.?

a flat battery is gonna be a hard case to win +£500 on 

 

 

[Tierce]

 It is not as simple as you seem to suggest.

1. My wife needed the car and there are no local public transport facilities within 2 miles.

2 Neither of us has the technical expertise to change a battery.

3 Not only does the battery itself have to be appropriate for stop/start technology; but also, according to the handbook, has to be registered with Mini by a recognised agent, which I am not, neither is Big Motoring World.

4 The car had to be towed. Where was I going to have it towed to where I could be sure it would be properly dealt with? I couldn't trust Big Motoring World to do it. I couldn't have it towed to just any garage and be sure they had the right battery and the time to fit it.

5 The high sum involved is mainly for the diagnostic test which Big Motoring World asked me to obtain; and they did not initially raise any objection to the car being taken to the nearest main dealer. I would not have got the diagnostic test, if they had not asked for one.

So, I understand where you are coming from, but having ignored requests for reimbursement, what else could I have done to recover my lay out?

[lolerz]

While I agree with getting it done by an authorised dealer in this case, for future reference a stop/start battery for one of these cars are about £120 and anyone with a £40 BMW specific scanner off of Amazon can "register" the battery.