returning a faulty car only just bought on finance?
Discussion
Hi There,
Picked up a BMW M3 i bought from BMW Sytner in Sunningdale last monday (9 days ago). This was on PCP finance, so 4 years of payments, and then a balloon at the end.
Since i picked it up, it was handed back last wednesday when the engine warning light went on, and i picked it up on thursday after having the inlet manifold pipe repaired.
All was fine until this morning when the engine warning light went on AGAIN. I rang up their service department who said they could not look at it again till next friday. At this point i'm starting to get irate since a car i've financially committed to for the next 4 years at some VERY high payments, should NOT need to be in the workshop twice in such a short time.
What are my rights here? Am i able to hand the car back under the terms of my agreement since it has been broken twice. I've since gotten shirty via email to say i'm considering handing it back and BMW have magically managed to bring the date for me to bring it back to tomorrow/friday. Apart from that, I was wondering if I had a 'get out' ??
Picked up a BMW M3 i bought from BMW Sytner in Sunningdale last monday (9 days ago). This was on PCP finance, so 4 years of payments, and then a balloon at the end.
Since i picked it up, it was handed back last wednesday when the engine warning light went on, and i picked it up on thursday after having the inlet manifold pipe repaired.
All was fine until this morning when the engine warning light went on AGAIN. I rang up their service department who said they could not look at it again till next friday. At this point i'm starting to get irate since a car i've financially committed to for the next 4 years at some VERY high payments, should NOT need to be in the workshop twice in such a short time.
What are my rights here? Am i able to hand the car back under the terms of my agreement since it has been broken twice. I've since gotten shirty via email to say i'm considering handing it back and BMW have magically managed to bring the date for me to bring it back to tomorrow/friday. Apart from that, I was wondering if I had a 'get out' ??
Im sure you read the terms of the agreement before you signed it.
In which case you will know the answer to your questions as its almost certainly in the agreement.
If its not a new car then it will have a warranty from the seller.
That being said there is the sales of goods act which says that a good should be fit for purpose etc.
I think you can probably go down that route and say that a car that has bust 2x in a week is demonstratively not fit for purpose and return it and let them chase you if they want.
Keep all the paperwork and pictures etc in case they go and perhaps seek advice beforehand. But I think you have a good argument under the sales of goods act.
In which case you will know the answer to your questions as its almost certainly in the agreement.
If its not a new car then it will have a warranty from the seller.
That being said there is the sales of goods act which says that a good should be fit for purpose etc.
I think you can probably go down that route and say that a car that has bust 2x in a week is demonstratively not fit for purpose and return it and let them chase you if they want.
Keep all the paperwork and pictures etc in case they go and perhaps seek advice beforehand. But I think you have a good argument under the sales of goods act.
Hi Ringram
I have read your thread and had found out the following
"BMW commitment
We are completely confident in the quality of our Approved Used BMWs. So much so, that if we are unable to resolve a demonstrable fault arising within the first 30 days/1000 miles of your ownership (whichever is sooner), you will be entitled to an exchange, or a refund if an appropriate exchange cannot be found**.
If they are unable to rectify a fault within 30 days or 1000 miles from the date of delivery/collection you are entitilted to a replacement equivalent or REFUND if suitable replacement cannot be found. This means the finance agreement will be unwound, the deposit returned and the vehicle returned to dealer.
This can be found on BMW's UK website under used vehicles and then under Used Car Programmme then under Programme Benefits.
Dont be bullied, you have rights
Let me know how you get on
Kind regards
Richard
I have read your thread and had found out the following
"BMW commitment
We are completely confident in the quality of our Approved Used BMWs. So much so, that if we are unable to resolve a demonstrable fault arising within the first 30 days/1000 miles of your ownership (whichever is sooner), you will be entitled to an exchange, or a refund if an appropriate exchange cannot be found**.
- This does not affect your statutory rights"
If they are unable to rectify a fault within 30 days or 1000 miles from the date of delivery/collection you are entitilted to a replacement equivalent or REFUND if suitable replacement cannot be found. This means the finance agreement will be unwound, the deposit returned and the vehicle returned to dealer.
This can be found on BMW's UK website under used vehicles and then under Used Car Programmme then under Programme Benefits.
Dont be bullied, you have rights
Let me know how you get on
Kind regards
Richard
Thanks for the replies.
I suppose the only grey area is whether or not they have been able to repair a fault that is demonstratable. Could they not give me the eternal run around on what is faulty and what isnt?
I do WANT the car, but yes the payments are high, and when you have committed to alot of money per month on something, you expect more than the car to be in the shop twice within a week. If it was rock solid stable I would be fine about the significant investment in my own money I've made.
The car was dropped off yesterday evening, they have said (without even looking at the car) that it SHOULD be back with me tonight. Depending on the phonecall I get today about what was wrong this time, I may choose to make a call on whether or not I'd rather exchange the car, or get my money back.
I suppose the only grey area is whether or not they have been able to repair a fault that is demonstratable. Could they not give me the eternal run around on what is faulty and what isnt?
I do WANT the car, but yes the payments are high, and when you have committed to alot of money per month on something, you expect more than the car to be in the shop twice within a week. If it was rock solid stable I would be fine about the significant investment in my own money I've made.
The car was dropped off yesterday evening, they have said (without even looking at the car) that it SHOULD be back with me tonight. Depending on the phonecall I get today about what was wrong this time, I may choose to make a call on whether or not I'd rather exchange the car, or get my money back.
.... just got a call and its a whole new problem to do with a hose and pressure sensor. The parts are on back order and it's going to take 5 days to have them delivered!
At this point, i think i'm ready to ask for a new car, or for the agreement to be cancelled. If it was the same problem twice it suggests incompetance, but to have 2 different problems within a week just scares me.
They are going to call me asap to arrange a new car to be delivered as a loan. Unless they offer me something absolutely amazing to keep me sweet in the meantime, i reckon i might be putting the cancellation wheels in motion.
At this point, i think i'm ready to ask for a new car, or for the agreement to be cancelled. If it was the same problem twice it suggests incompetance, but to have 2 different problems within a week just scares me.
They are going to call me asap to arrange a new car to be delivered as a loan. Unless they offer me something absolutely amazing to keep me sweet in the meantime, i reckon i might be putting the cancellation wheels in motion.
brid said:
.... just got a call and its a whole new problem to do with a hose and pressure sensor. The parts are on back order and it's going to take 5 days to have them delivered!
At this point, i think i'm ready to ask for a new car, or for the agreement to be cancelled. If it was the same problem twice it suggests incompetance, but to have 2 different problems within a week just scares me.
They are going to call me asap to arrange a new car to be delivered as a loan. Unless they offer me something absolutely amazing to keep me sweet in the meantime, i reckon i might be putting the cancellation wheels in motion.
My old boss had the same issues on the current M3, his had 8k on the clock when he picked it up, in and out of the workshop over 8 times in two months, he took it back to the dealership and gave them the keys and and called the finance company and told them he had handed the car back as not fit for purpose. At this point, i think i'm ready to ask for a new car, or for the agreement to be cancelled. If it was the same problem twice it suggests incompetance, but to have 2 different problems within a week just scares me.
They are going to call me asap to arrange a new car to be delivered as a loan. Unless they offer me something absolutely amazing to keep me sweet in the meantime, i reckon i might be putting the cancellation wheels in motion.
Call BMW customer service and complain that a "quality product" is having issues, and you are not happy.
In the end, they took his old car from him (M3) and he found another in the UK from another BMW dealer and BMW Customer Services sorted out the transactions. He got a higher spec car, £3k less.
brid said:
.... just got a call and its a whole new problem to do with a hose and pressure sensor. The parts are on back order and it's going to take 5 days to have them delivered!
At this point, i think i'm ready to ask for a new car, or for the agreement to be cancelled. If it was the same problem twice it suggests incompetance, but to have 2 different problems within a week just scares me.
They are going to call me asap to arrange a new car to be delivered as a loan. Unless they offer me something absolutely amazing to keep me sweet in the meantime, i reckon i might be putting the cancellation wheels in motion.
Sales of goods act mate. Tell them you were not sold something fit for purpose and demand a full refund.At this point, i think i'm ready to ask for a new car, or for the agreement to be cancelled. If it was the same problem twice it suggests incompetance, but to have 2 different problems within a week just scares me.
They are going to call me asap to arrange a new car to be delivered as a loan. Unless they offer me something absolutely amazing to keep me sweet in the meantime, i reckon i might be putting the cancellation wheels in motion.
I think you are on solid ground.
Or at least get them to compo you for the hassle...
Ring the SMMT...they will tell you exactly what your rights are and have a dispute resolution service etc
http://www.smmt.co.uk/consumeradvice/
I think once BMW know you have spoken to them you'll probably find they are less likely to try it on. Mate of mine was having issues with a warranty claim on his Audi A6 that he bought second hand. Audi didn't want to know til he got the SMMT involved, problem sorted shortly after.
http://www.smmt.co.uk/consumeradvice/
I think once BMW know you have spoken to them you'll probably find they are less likely to try it on. Mate of mine was having issues with a warranty claim on his Audi A6 that he bought second hand. Audi didn't want to know til he got the SMMT involved, problem sorted shortly after.
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