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BIG Motoring World Car Rejection


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My son purchased a car from BIG MW in April.

6 weeks later we sent a letter confirming we were rejecting the car due to it having modifications we were not made aware of - it’s been remapped and also changes to the exhaust removing one part and replacing with a straight pipe.

This was confirmed to us by a garage we paid to assess the car.

Things have gone fairly smoothly, BIG MW sent their own assessor to the car 9 days ago which states the exhaust is immediately obvious when inspecting under car (something their 200 point check claims to do) and has also raised issues over the front tyres.

Now BIG MW seem to have stalled, fobbing us off as to why they can’t confirm rejection at the moment and after good progress, the last 9 days since the assessment it’s not progressed at all.

The latest is needing the finance company to confirm the outstanding balance - we paid it off within the cooling down period and have sent evidence of this, plus surely a HPI check they have easy access to would confirm this.

now another week passes with a car that can’t be driven and is costing a fortune to insure to sit on the drive.

BIG had the car MOT’d in January and it passed with no advisories but the tyres are very poor and should have been picked up and emissions from the exhaust are high and causing a warning light I have concerns as to whether the MOT is even genuine.

I’ve threatened legal action if rejection wasn’t confirmed today, they are aware I work alongside lawyers who deal with disputes. 

Any advice as to how I make them stop fobbing me off with delays and get them to confirm rejection?

Also the car has done 2,500 miles since we’ve had it - what sort of deduction is reasonable - I’m loathe to accept any as they misrepresented the car and have dragged this out longer than needed.

Thanks

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Please will you monitor the thread for a reply on Sunday.

Also when you make posts please can you spice them with lots of paragraph spaces etc because it becomes very difficult to read on a small screen such as a telephone and it tends to put people off.

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you can't just reject the car after more than 30 days of it being in your possession.

you can put in a complaint under your consumer rights act 2015 citing the <6mts rule whereby they have one chance to repair the vehicle and should that again fail for the same reason(s) you can then reject it.

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Why is it off the road and how long has it been off the road? Does it actually not work?

Also, if it is drivable and it is insured then I think it would be a very good idea to get a new MOT at an independent garage and I think you should do this immediately 

In any event, it is clear from what you say that the vehicle is not as described and this itself is a breach of the consumer rights act

Does not entitle you to reject it in the way which is granted under the 30-day and 6-month rule of the 2015 act but it is still a basis for requiring the contract to be cancelled. 

A new mot which resulted in a fail would be perfect

 

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It’s off the road as the insurance jumps by £5k plus a year for my son to insure it which he can’t afford.

Plus two new front tyres which are run flat low profile so not cheap either!

To not tell his insurance company would void the insurance and could result in prosecution and points, hence we have it off road.

We can get it to a garage under his dad’s insurance, who has third party cover on any vehicle, so I will try to get this done during the week.

My understanding is they have one opportunity to fix it under the 6 month rule, but as nothing is actually broken, but modified, I don’t know where we stand on that?

They haven’t asked us to take it to be unmodified with them (I’ve been advised by two garages the remap should only be removed and put back to factory standard by BMW themselves not BigMW) and I took it as a positive that they were investigating the finance, but maybe that’s standard?

It has been misrepresented, it’s not a fault as such, it’s had two modifications that weren’t declared and would have been known to them if the 200 point check had been carried out

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just type no need to hit quote.

its not as described under CRA, they should be removing all the illegal mods and returning it to you FOC.

do you want to keep the car if these are issues are resolved?

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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First of all – as has already been pointed out to you, this is not a defect in the usual way that we understand and so that means that you don't need to rely on your 30 day and six months rights to reject.

You can get MOT test done and it turns out to be an MOT failure for any reason then you have the added weight that they have is sold you an unroadworthy vehicle.

Who did the existing MOT? I have a sense that it was big motoring world themselves in which case this would give you even greater leverage that if you have an MOT fail and it seems fairly clear that the reason for the failure is something which existed for some time that that would also cast doubt over the MOT provided by big motoring world and this would be even more serious.

In any event, the vehicle is not as described and I think that this is an immediate ground for cancelling the policy and even better than that I think it would be a good ground for resisting any deduction made for mileage used – although we will have to deal with as it comes.

I have read on Facebook that big motoring world tend to insist on quite a big deduction per mile and I have a sense that they do this because they know they can get away with it because they know their customers are really just happy to get rid of the vehicle any cost.

You have told us you've got to a position where they seem to have agreed that you have now drawn a blank and they are being obstructive.

Maybe you can lay out a bullet point chronology of exactly what has happened so far – point by point.

I don't think you've told us how much you pay for the vehicle and also we want to know a list of the other expenses to which you been put including insurance et cetera and if you cancel the insurance how much you are likely to lose.

How long is it not been driven?

Why is it not been driven by your son?

Didn't you planned for the more expensive insurance premium before you bought it?

I have a sneaking suspicion that maybe you bought it and then was surprised at how expensive it was and are now finding a reason to return it.

Please be completely level with us and tell us if this forms part of your reason for wanting to return it.

We need to know everything – straight dealing – so we can help you in the best way possible.

Otherwise we will have surprises sprung on us and we will all be embarrassed and you may lose.

In fact I see that we don't know anything about the current all – make, model, mileage, or price paid which have already asked you about. Any reason that we don't have these very basic and obvious details without having to ask for them?

You refer to the two new runflat tyres – why? Are these new ones which came with the car or these new ones which you had to buy and if so why did you have to buy them and how much they cost.

It will be nice not to have to cross-examine your every detail.

It will save a lot of time.

Please have a look at this post carefully, discern the questions and address each one please.

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Wow quite surprised by your response in all honesty as I can’t see where you have requested details of the car.

The car is insured and that was budgeted for and paid in full, the increase of £5k is because of the modifications, which no we didn’t budget for as we didn’t plan to buy a modified car, so no that doesn’t form any part of wanting to return the car, perhaps you don’t understand the impact modifications have on insurance premiums?

Thanks for your help so far but feel going the legal route probably suits us better.

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Calm Down please....

there is only one way to deal with this and that is - PROPERLY.

Being surrounded by 'lawyers' who deal with 'disputes', just like going to the likes of CAB, in this instance has, most probably, to date,  sadly not helping you here. Such people always project an Aura of confidence, when the truth is they don't actually have the vast successful experience of the members here in dealing with the likes BMW. there are over 350 threads here .

as far i gather this is the situation,

In April, a car was purchased by your son from BMW.

Finance taken out to purchase it has since been paid in full, as well as full payment for an annual Insurance policy.

within 6 weeks, it was discovered and confirmed in writing, via a report from a local garage, that the car indeed had numerous performance modifications undertaken. Namely being remapped and with modifications to the exhaust system.

having contacted his ins co, they require a further £5k to uprate his policy, without it renders the existing insurance policy invalid, thus the car is not being driven. 

again within this 6 weeks, you wrote to BMW rejecting the car (we need to see this letter please. scan it up to PDF, please read our UPLOAD guide).

at first BMW were onboard, even sending their own inspector, confirming the mods etc. but in the last 9 days since said inspection, comms have now gone dead.

..................

you have 2 options -

1 - allow BMW to sort the car FOC and without hassle to him, but probably within their own snails pace timeframe.

2- EVENTUALLY bring legal action - this would most probably be under contract law, not a claim under the consumer rights act . (as financially you would lose out big time)

to do 2. which is not easy and rather complex to calculate the financial sum involved......

we need all the info @BankFodder has requested.

of many, but one good reason for this is say for this new mot, show the old one was suspect, good bargaining chip against 2500mls usage deductions...

your call

but you need to do this properly or not at all...............

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Of course it is your decision whether or not to go down the "legal route" – but actually seeking advice from us is precisely what you would be doing except that you would be getting it for free.
It's up to you if you want to find a solicitor who will ask you exactly the same questions as us except you will be paying £300 an hour or if you want to follow our advice free of charge.
You do need to settle down and answer the questions that we put to you. If you get a solicitor you will be asked exactly the same questions but I suppose that because you are paying £300 an hour you will be happy to answer them or even volunteer the information in order to save time and therefore money.

I suggest that you give us the information we are asking for and anything else that you think might be relevant. This way hopefully we can cut to the chase without wasting time.
Do understand that by coming to us you haven't simply chanced upon a piece of social media here. This is not Facebook. We are very serious about what we are doing and we are taking you very seriously.
We take everybody who comes to us very seriously.
 

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I'm afraid we don't delete material from this website. It is an important information resource which helps people who post questions or who come in any way to understand their own positions in respect of commercial bullies.

You're welcome to come back to us any time and we are happy to help you.

However you should certainly take this away with you:
the right to reject whether 30 days or six months is predicated on the manifestation of defects. The defects don't have to be serious but there must be defects.

So far you have not identified any defects. However you seem to be pretty clear that the vehicle is not as described and I would say that this probably amounts to a fundamental breach which allows you to insist that the contract is cancelled and everything is reset to 0.

I would say that this is good argument for declining to pay some mileage – particularly if you can show that you have reacted fairly quickly.

Don't expect big motoring world to be helpful. They don't understand these the subtleties and anyway, they are not your friend.

Get an MOT. Read our used car guide – and especially go to the little video and you will understand more about your position. Get an MOT. If you are lucky then it will fail and this will then give you the right to reject under the consumer rights act.
It doesn't put you any particular advantage over the "not as described" basis – but at least big motoring world will understand that because this is something that they are dealing with hundreds of times every month.

You have indicated that if the car was properly sorted out then you would accept it.

This is probably  a mistake. I don't know if you have come over from Facebook – but go to the Facebook complaints group – and  you will soon understand why you are better getting away from this company. This doesn't mean that all the rest a better – but this company is certainly unhelpful.

Of course there will be people – probably lots of people you have had very satisfactory experiences but it seems to be a pattern that when things go wrong, then these people will raise obstacles and make your life difficult and eventually fatigue you.

If you go to solicitors, then be prepared to pay their rate which could be £300 an hour. Don't expect to get your money back. If eventually you have to take big motoring world to court – on the basis of what you say you will win – but you will get some of your costs returned and not all your legal costs.

And of course if you do go to solicitors then you will save money by doing more of the work yourself and leaving less for them. We can help you do that if you want to stay the distance.

And of course you will take this harshly – if you'd exercise the same level of caution when buying this vehicle – doing research et cetera and checking carefully what you had bought, that you appear to be exercising on this forum with your reluctance to disclose details – then you wouldn't be in this situation that you find yourself in now.

Come back here if you want any help. We don't muck around and you have to fall into line with the way we do things.

Regards

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