Rejecting a Car

[CMacC]

We've had our 335d for 20 Months now, and in that time, it's been in the dealership 9 times - the list is as follows
1st Visit - Damage to front bumper, Drivers side alloy wheel and Steering out of alignment and clicking front front axle
2nd Visit - Alloy wheel not replaced on first visit and steering still out of alignment
3rd Visit - Overspray on car following repair to be mopped XDS alignment carried out
4th Visit - XDS Alignment not completed on first visit - Steering finally straight
5th Visit - Steering out of alignment again - Checked and adjusted but no XDS Alignment
6th Visit - Steering still out of alignment - nothing done, Front Fog Light filling with Water - Replaced under warranty
7th Visit - Steering Still out of alignment - XDS alignment carried out
8th Visit - Steering out of alignment - Sanded and refinished faces of Wheel Bearings
9th Visit - Steering out of alignment - Replaced Steering Rack
Following the Steering Rack Replacement, all was well for about 1000 miles, but the wheel has gradually moved, and is currently about 5 degrees off centre when driving straight ahead. It is off centre to the left - so it isn't because of the camber of the road. As it moves off, the car becomes twitchy, with constant adjustments made to the steering wheel.

I've spoken to the dealer, who advise that they are applying fixes from BMW, and so far I've been relatively understanding - but they seem to be out of ideas. Much as I love the car, I'm seriously considering handing it back. What are my options? Is it likely that I can reject it given the number of visits?

This was my first ever new car - and was supposed to be enjoyable and hassle free, instead it's been a nightmare!

[Gnevans]

Far too late.
https://vehicledisputeresolution.co.uk/

[CMacC]

Under the law, I can reject a car well beyond the first six months - the key being that I have asked for a log of the checks and issues logged from initial sale - I must highlight that I'm not asking for a full refund of purchase price, and am happy to pay reasonable costs for the mileage covered to date in the car - however in my opinion, from the logs, it can clearly be established that there has been an ongoing issue from 3 weeks after the vehicle was purchased, and BMW have surely acknowledged this by applying the various fixes etc under warranty?

[GreatGranny]

If you are certain you can reject it then start the process.

I can't see them making it easy. They will state they are making all efforts to rectify the issue.

[Trevor555]

CMacC said:

1st Visit - Damage to front bumper, Drivers side alloy wheel and Steering out of alignment and clicking front front axle

I've spoken to the dealer, who advise that they are applying fixes from BMW, and so far I've been relatively understanding - but they seem to be out of ideas.

Your first visit,,, was the damage on the car when you bought it?

Or is this damage that's occurred whilst in your ownership?

If the latter it should have been an insurance claim surely?

[CMacC]

the car was delivered with a small nick out of the front bumper, and white chipping around the diamond coating on the drivers side alloy. I only picked it up when I waxed the car after delivery - Seemed fairly inconspicuous, and the dealer was more than happy to reciify straight away.
The Steering alignment they assured me that this was just settling in of the suspension - which seemed to make sense given that BMW catered for this within ght first 3 months after delivery

[Trevor555]

CMacC said:

the car was delivered with a small nick out of the front bumper, and white chipping around the diamond coating on the drivers side alloy. I only picked it up when I waxed the car after delivery - Seemed fairly inconspicuous, and the dealer was more than happy to reciify straight away.
The Steering alignment they assured me that this was just settling in of the suspension - which seemed to make sense given that BMW catered for this within ght first 3 months after delivery

Settling in of the suspension?

Do you have that statement in writing?

If you're still having the same issue that you've had right from the start I'm sure it'll be easy to convince a judge that it was a fault that was there when you bought the car.

It's been back 9 times, and the dealer has now run out of ideas, so admits there's still a problem? The same problem?

Call up Citizens advice, it's a free service.

But from what you've said on here so far I'd say you're well within your rights to reject it after all those repair attempts, and the dealer saying they've run out of ideas.

I'm very dubious of the dealer saying "settling in of the suspension"

[Trevor555]

It sounds to me that this car had been damaged somehow.

So it shouldn't really have been BMW warranty paying for all of these repair attempts.

I wonder if BMW warranty department are aware that the car had damage?

[lard]

Hi - from your original question whether you can reject the car after 20 months, in my experience, yes you can

I had a similar experience with BMW (a mini clubman on finance through BMW FS) that I rejected after 18 months

Issue with rough idle reported after 3 months and went in for fix, no fault found and went in 9 times in total and each time was no fault found - despite this being a known fault for high pressure fuel pump, they refused warranty repair unless it showed as faulty on diagnostics

Anyway - long, arduous story relatively short:

1. I advised I was rejecting the vehicle to the dealer & BMW Financial Services as they had more than enough attempts at fixing the issue and quoted sales of goods act (was pre 2015 CRA)
2. They (BMW FS) "investigated" and dealt with the dealer, who offered to take back the Mini and give me a good deal on another car - I initially accepted, until the dealer principal happened to mention they weren't intending to refund my deposit alongside taking the car back which is what a rejection should be (unwind and put in position before purchasing the vehicle minus fair use payment which typically is monthly finance payment)
3. I didn't accept their offer, BMW FS stated they couldn't replace it (no stock - was a special addition cooper s) and that my rejection was not accepted it was take the trade-in deal as "good will" and complaint closed
4. I asked BMW FS for a final decision letter - which they sent, advising too much time had passed to reject the vehicle
4. I then sent BMW FS and the dealer a formal letter rejecting the vehicle and told them to come and collect it from my home location as it was their property - then stopped using it (still insured and taxed as condition of PCP which I kept paying)
5. Opened my case with the Ombudsman - filled in the info and copy of rejection letter
6. Walked into the mini service centre and asked for a print out of all the job cards, which they kindly did, showing exactly when it was booked in for work and the description of the job e.g. "investigate rough idle"
7. Sent the job cards to the investigator along with a timeline of all my interactions with BMW Financial Services
8. BMW FS then attempted to do and say anything they could to influence the outcome of the investigation - I was so pleased to have the job cards!
9. The investigator looked at my evidence and made a recommendation to reject with a settlement that I paid one months finance for one months use up until I rejected it, and got my deposit back - alongside compensation for inconvenience

The best part (aside from my rights being protected, getting my money back and rid of a faulty car) was when they had to come to my house to collect the car - was covered in dust and bird mess with a flat battery - they insisted I had to sign a collection note with a condition report of the car, I flat out refused to sign anything, the BMW tech called the dealer principal who said unless I sign they won't collect it, to which I said "it's your car, get it off my property before I start charging you £25 a day storage fees" and he hung up - 10 minutes later (and a jump start) and it was gone

Anyway - sorry for the long rambling post

Yes - you can reject after 20 months and especially if you reported the issue within 6 months and can prove it, this shows the fault was there from the start and you have given more than a reasonable number of attempts to fix the car

Hopefully it's under finance? I'd suggest reject through them first by registering a formal complaint with a notice that you are rejecting the vehicle, wait 8 weeks for them to ignore you is worst case and then off to the Ombudsman you go for another long wait - if you have to use the car, then there is allowance to do so if not using it isn't an option

[Novexx]

Trevor555 said:

I wonder if BMW warranty department are aware that the car had damage?

It would also concern me that the 1st visit was for damage. If the vehicle had been damaged during transportation somewhere between the plant & the receiving dealer, this would be a warranty issue & would be dealt with via warranty prior to PDI, but the fact that the car has reached you with damage suggests that the damaged has happened after delivery to dealer or has been missed during handover from transport agent to dealer

If the car has been damaged beyond the point of delivery to the dealer & the majority of issues are potentially related to said damage, it could be that your argument is with the dealer & not the manufacturer - this may complicate things.

If you haven't already, I would advise contacting BMW customer services & finding out if the log you have matches what they have on record. "Sanded and refinished faces of Wheel Bearings" may be correct, but doesn't ring true of a typical warranty procedure.

Good Luck.

[stevemcs]

I'd be more concerned about why the steering is moving, something clearly isn't right. I can understand why you have lost confidence in the car, have you told the dealer you want to reject it ?