returning a faulty car only just bought on finance?

returning a faulty car only just bought on finance?

Author
Discussion

brid

Original Poster:

74 posts

189 months

Wednesday 10th November 2010
quotequote all
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' ??

Dave9

579 posts

168 months

Wednesday 10th November 2010
quotequote all
hmm maybe but they are repairing it for you so i'd keep it - no problem and the garage have looked after you well by the sound of it.

is it that you are regretting the monthly commitment and realising the running costs?

ringram

14,700 posts

254 months

Wednesday 10th November 2010
quotequote all
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.

Mr Car Finance

11 posts

172 months

Thursday 11th November 2010
quotequote all
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**.

  • This does not affect your statutory rights"
If your vehicle was purchased from a genuine BMW dealership, which it was, and has been purchased under their used vehicle programme, which it was because they are unable to sell a used vehicle any other way, then this section under the terms of the BMW Used Vehicle Programme applies!!!

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

brid

Original Poster:

74 posts

189 months

Thursday 11th November 2010
quotequote all
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.

brid

Original Poster:

74 posts

189 months

Thursday 11th November 2010
quotequote all
.... 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.

AAT1981

380 posts

197 months

Sunday 14th November 2010
quotequote all
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.
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.

ringram

14,700 posts

254 months

Sunday 14th November 2010
quotequote all
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.
I think you are on solid ground.
Or at least get them to compo you for the hassle...

Beardy10

23,621 posts

181 months

Sunday 14th November 2010
quotequote all
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.

clarkey

1,366 posts

290 months

Monday 15th November 2010
quotequote all
There is usually a 30 day no quibble return period of approved used BMWs - so you can hand it back for any reason in the first month. You probably need to buy another car from them, but they won't complain about you wanting to hand back this one.

mattviatura

2,996 posts

206 months

Wednesday 17th November 2010
quotequote all
Is this car brand new?