Discussion
Hi All,
Im looking for some help and advice here, in fact any useful comments will be much appreciated!
I traded my BMW 335i cab into a main bmw dealer late last year in exchange for a 56 plate 650i sport convertible, however when I travelled down to collect the car ( I live in NE Scotland and the dealer was in Manchester)the car was nowhere near acceptable standard, really poor paintwork, loads of stone chips, wear marks, the wrong wheels fitted etc etc. I was very dissapointed at the poor level of preperation which had gone into the vehicle. Ive bought loads of BMWs from main dealers before, and the standard has always been very high. The sales manager insisted that I give him a chance to get the car up to standard, and that they would deliver the car to me in Scotland. As the private number plate on 335i had already been transferred I was told that I could not drive it back up as it would not be insured, as such they gave me a loan car to use instead. I was told that I had to sign the finance paperwork at that time in the showroom, as if i didnt, i would have to come back down to Manchester again, as it had to be signed on the premises. I did this with some reluictance, and on the agreement that it would not be processed without my agreement in order to avoid a return trip and another 2 days off work. ( I also confirmed this agreement in writing by email to them on my return home)
After a 5 hour drive home, and a night to think about it, I emailed the dealer the next day stating that I did not wish to continue with the purchase due to all the issues, and please deliver my 3 series back to me instead. A number of emails followed this, with them trying to persuade me that 'the car will look great' and 'all the works getting done' etc etc. I emailed again to confirm that I did not want them to go ahead with any work, and that I wanted to pull out of the deal, however they carried on with the remdial works, which ended up including a 3/4 respray of the car!
I also contacted BMWFS directly at this stage, explaining what had happened, and asking them to note on my record that I did not wish to proceed with the purchase, and that the dealer did not have my permission to proceed.
I was persuaded to let them deliver the car to me on the basis that if I still didnt want it they would take it back again. So reluctanlty I agreed to this.
The car was delivered to me, covered in 300 miles of grime and in snowy conditions. Low tyre pressure warning lights on, no fuel, dirty, wheels which were not as per the BMW advert, a aftermnarket scanner fitted (which I had requested be removed) my phone cradle not installed etc etc.
I emailed the dealer with these initial faults, and also advising them that I could not check the car as all the hoses were frozen solid, and we had 100mm of snow on the ground, so I could not even test drive it. All these details were emailed to the dealer.
However 2 days later I recieved an email stating the he had processed the paperwork to BMWFS. At this point I made the mistake of letting this go on, as I was still in 2 minds about the car. I test drove it a week later when the weather improved, and phoned to report 4 further problems, which the dealer has not resolved, nor made any effort to resolve, apart from a comment about getting it rectified locally and sending them the bill to 'look at'
I have now confirmed my decision that I do not want the car, however the paperwork has gone through, and the first payment has been taken from my account. I have contacted BMWFS over two weeks ago, who say they are looking into it, and as I have sent them copies of all the emails it will take some time to go through.
I have only driven the car once, to Edinburgh and back (120miles) since I have had it (about 6 weeks now) and it has been garaged the whole time, and I now understand that my 3 series has been sold on.
What can I do to get them to pick up the car? I am happy to deliver it back to them if it helps things, but I am just getting 'delaying tactics' from BMWFS. I just want to return the car, cancel the finance and move on to buy another car instead. I know I cant get my 3 series back.
I realise I have made a mistake in keeping the car for too long before deciding to cancel, but it has been almost undriveable due to the weather since I got it, and I use a 4x4 in the winter times, due to where I live.
Any help or advice would be great, and apologies for the long winded post!
Ian
Im looking for some help and advice here, in fact any useful comments will be much appreciated!
I traded my BMW 335i cab into a main bmw dealer late last year in exchange for a 56 plate 650i sport convertible, however when I travelled down to collect the car ( I live in NE Scotland and the dealer was in Manchester)the car was nowhere near acceptable standard, really poor paintwork, loads of stone chips, wear marks, the wrong wheels fitted etc etc. I was very dissapointed at the poor level of preperation which had gone into the vehicle. Ive bought loads of BMWs from main dealers before, and the standard has always been very high. The sales manager insisted that I give him a chance to get the car up to standard, and that they would deliver the car to me in Scotland. As the private number plate on 335i had already been transferred I was told that I could not drive it back up as it would not be insured, as such they gave me a loan car to use instead. I was told that I had to sign the finance paperwork at that time in the showroom, as if i didnt, i would have to come back down to Manchester again, as it had to be signed on the premises. I did this with some reluictance, and on the agreement that it would not be processed without my agreement in order to avoid a return trip and another 2 days off work. ( I also confirmed this agreement in writing by email to them on my return home)
After a 5 hour drive home, and a night to think about it, I emailed the dealer the next day stating that I did not wish to continue with the purchase due to all the issues, and please deliver my 3 series back to me instead. A number of emails followed this, with them trying to persuade me that 'the car will look great' and 'all the works getting done' etc etc. I emailed again to confirm that I did not want them to go ahead with any work, and that I wanted to pull out of the deal, however they carried on with the remdial works, which ended up including a 3/4 respray of the car!
I also contacted BMWFS directly at this stage, explaining what had happened, and asking them to note on my record that I did not wish to proceed with the purchase, and that the dealer did not have my permission to proceed.
I was persuaded to let them deliver the car to me on the basis that if I still didnt want it they would take it back again. So reluctanlty I agreed to this.
The car was delivered to me, covered in 300 miles of grime and in snowy conditions. Low tyre pressure warning lights on, no fuel, dirty, wheels which were not as per the BMW advert, a aftermnarket scanner fitted (which I had requested be removed) my phone cradle not installed etc etc.
I emailed the dealer with these initial faults, and also advising them that I could not check the car as all the hoses were frozen solid, and we had 100mm of snow on the ground, so I could not even test drive it. All these details were emailed to the dealer.
However 2 days later I recieved an email stating the he had processed the paperwork to BMWFS. At this point I made the mistake of letting this go on, as I was still in 2 minds about the car. I test drove it a week later when the weather improved, and phoned to report 4 further problems, which the dealer has not resolved, nor made any effort to resolve, apart from a comment about getting it rectified locally and sending them the bill to 'look at'
I have now confirmed my decision that I do not want the car, however the paperwork has gone through, and the first payment has been taken from my account. I have contacted BMWFS over two weeks ago, who say they are looking into it, and as I have sent them copies of all the emails it will take some time to go through.
I have only driven the car once, to Edinburgh and back (120miles) since I have had it (about 6 weeks now) and it has been garaged the whole time, and I now understand that my 3 series has been sold on.
What can I do to get them to pick up the car? I am happy to deliver it back to them if it helps things, but I am just getting 'delaying tactics' from BMWFS. I just want to return the car, cancel the finance and move on to buy another car instead. I know I cant get my 3 series back.
I realise I have made a mistake in keeping the car for too long before deciding to cancel, but it has been almost undriveable due to the weather since I got it, and I use a 4x4 in the winter times, due to where I live.
Any help or advice would be great, and apologies for the long winded post!
Ian
My old boss bought a almost new M3 which kept breaking down.
He drove to the dealership one day after six visits to the garage with it and demanded to see the dealer principal, and rejected the car as not fit for purpose as it kept breaking down. He also called the finance company to advise of this and cancelled the direct debits to them.
I am not sure what what you would stand, but would go from the angle of distance selling and item not as described with the incorrect wheels etc. Cancel payments first, e-mail dealer to say you will come and drop off the car and arrange a time when they are available.
He drove to the dealership one day after six visits to the garage with it and demanded to see the dealer principal, and rejected the car as not fit for purpose as it kept breaking down. He also called the finance company to advise of this and cancelled the direct debits to them.
I am not sure what what you would stand, but would go from the angle of distance selling and item not as described with the incorrect wheels etc. Cancel payments first, e-mail dealer to say you will come and drop off the car and arrange a time when they are available.
Hi,
I believe you are correct about distance regs, I asked to get the paperwork sent to me to be signed, but they refused.
Does anyone know where I stand legally here?
I did notify them in writing of my wish to cancel within 36 hours of signing the paperwork?
It's been 18 days since I emailed BMW finance direct, followed up by 4 further emails and a phone call, and all I have is a standard response letter, saying they are looking into it!
I am reluctant just to cancel my direct debits in case it negatively effects my credit rating.
Does anyone have any contacts or addresses for the finance governing body? The fsa? Not sure what they are called?
Cheers
ian
I believe you are correct about distance regs, I asked to get the paperwork sent to me to be signed, but they refused.
Does anyone know where I stand legally here?
I did notify them in writing of my wish to cancel within 36 hours of signing the paperwork?
It's been 18 days since I emailed BMW finance direct, followed up by 4 further emails and a phone call, and all I have is a standard response letter, saying they are looking into it!
I am reluctant just to cancel my direct debits in case it negatively effects my credit rating.
Does anyone have any contacts or addresses for the finance governing body? The fsa? Not sure what they are called?
Cheers
ian
My belief is that as the distance regs do not apply you have no automatic right to cancel. I think you need to look in detail at the t&cs to see if there are any clues there.
But if i were a betting man you are at the mercy of the goodwill of bmw finance, afterall you did actually sign the agreement.
One other thought, you could always sell the car and clear the finance, maybe you could work something out on this basis with the dealer.
I wouldnt cancel the ddr either, finance companies can be very quick to note this.
S
But if i were a betting man you are at the mercy of the goodwill of bmw finance, afterall you did actually sign the agreement.
One other thought, you could always sell the car and clear the finance, maybe you could work something out on this basis with the dealer.
I wouldnt cancel the ddr either, finance companies can be very quick to note this.
S
Thanks for the comments, but i doubt selling the car willl solve the problem, as I'm very unlikely to clear enough from the sale to settle the finance.
I understand distance selling us different, but surely requesting to cancel within a matter if days before the car was even in my possesion is possible?
I understand distance selling us different, but surely requesting to cancel within a matter if days before the car was even in my possesion is possible?
I know, I know. You are of course correct.
But remember I had just been driving for 5 hours down to collect the car, spent £100 on a hotel for the night, and had a verbal agreement from the business manager there that they would not process the agreement until they had confirmation from me. I also emailed him this the following day, and got him to confirm in writing by email that it 'would stay on his desk until I had given my approval for them to be processed'
If I wanted to delay signing the documents then it would have meant travelling back down to manchester the following week, and another two days off work. In hindsight, i should have done this, but unfortunately I cant go back in time and change things!
But remember I had just been driving for 5 hours down to collect the car, spent £100 on a hotel for the night, and had a verbal agreement from the business manager there that they would not process the agreement until they had confirmation from me. I also emailed him this the following day, and got him to confirm in writing by email that it 'would stay on his desk until I had given my approval for them to be processed'
If I wanted to delay signing the documents then it would have meant travelling back down to manchester the following week, and another two days off work. In hindsight, i should have done this, but unfortunately I cant go back in time and change things!
Soovy said:
Sorry but you're going to struggle.
What the HELL did you sign the documents if the car was not right?!!?
Distance selling doesn't help you. Why do you think they ahave you sign on the premises?
I signed on the basis that they were going to make the car right for me! and trust in the dealership that they would honour our agreement to not process the documents. Rightly or wrongly, its done now.What the HELL did you sign the documents if the car was not right?!!?
Distance selling doesn't help you. Why do you think they ahave you sign on the premises?
Does it not matter in the slightest that I emailed to cancel the very next day, or that I phoned BMWFS and asked for it to be recorded that I did not wish to proceed? Surely I have a cooling off period?
Also, Im looking for some useful advice on how to get this resolved. I KNOW what i SHOULD of done, and if i needed reminding, my wife is doing a great job already. What I need is some constructive advice as how to get out of it!
Griff Boy said:
Soovy said:
Sorry but you're going to struggle.
What the HELL did you sign the documents if the car was not right?!!?
Distance selling doesn't help you. Why do you think they ahave you sign on the premises?
I signed on the basis that they were going to make the car right for me! and trust in the dealership that they would honour our agreement to not process the documents. Rightly or wrongly, its done now.What the HELL did you sign the documents if the car was not right?!!?
Distance selling doesn't help you. Why do you think they ahave you sign on the premises?
Does it not matter in the slightest that I emailed to cancel the very next day, or that I phoned BMWFS and asked for it to be recorded that I did not wish to proceed? Surely I have a cooling off period?
Also, Im looking for some useful advice on how to get this resolved. I KNOW what i SHOULD of done, and if i needed reminding, my wife is doing a great job already. What I need is some constructive advice as how to get out of it!
fivesixseven8 said:
Griff Boy said:
Soovy said:
Sorry but you're going to struggle.
What the HELL did you sign the documents if the car was not right?!!?
Distance selling doesn't help you. Why do you think they ahave you sign on the premises?
I signed on the basis that they were going to make the car right for me! and trust in the dealership that they would honour our agreement to not process the documents. Rightly or wrongly, its done now.What the HELL did you sign the documents if the car was not right?!!?
Distance selling doesn't help you. Why do you think they ahave you sign on the premises?
Does it not matter in the slightest that I emailed to cancel the very next day, or that I phoned BMWFS and asked for it to be recorded that I did not wish to proceed? Surely I have a cooling off period?
Also, Im looking for some useful advice on how to get this resolved. I KNOW what i SHOULD of done, and if i needed reminding, my wife is doing a great job already. What I need is some constructive advice as how to get out of it!
He's had the car ages to the extent they've taken a payment.
I reckon he's stuck with it.
Soovy said:
fivesixseven8 said:
Griff Boy said:
Soovy said:
Sorry but you're going to struggle.
What the HELL did you sign the documents if the car was not right?!!?
Distance selling doesn't help you. Why do you think they ahave you sign on the premises?
I signed on the basis that they were going to make the car right for me! and trust in the dealership that they would honour our agreement to not process the documents. Rightly or wrongly, its done now.What the HELL did you sign the documents if the car was not right?!!?
Distance selling doesn't help you. Why do you think they ahave you sign on the premises?
Does it not matter in the slightest that I emailed to cancel the very next day, or that I phoned BMWFS and asked for it to be recorded that I did not wish to proceed? Surely I have a cooling off period?
Also, Im looking for some useful advice on how to get this resolved. I KNOW what i SHOULD of done, and if i needed reminding, my wife is doing a great job already. What I need is some constructive advice as how to get out of it!
He's had the car ages to the extent they've taken a payment.
I reckon he's stuck with it.
With regard to the problems, just take it to any BMW dealer as it will have 12 months warranty as an AUC.
Buy the wife something nice to try and take her mind off your cock up!
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