Taking BMW Dealer To Court

Taking BMW Dealer To Court

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Discussion

cnjohnson_uk

Original Poster:

9,586 posts

249 months

Sunday 10th July 2005
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First of all I won't name or shame publicly on this forum. Having said that if anyone on the M4 Corridor is currently looking to buy a new or used BMW from a main dealer, they may wish to pm me first.

I purchased an M3 some 2 months ago. The car has been wonderful albeit I sold it on Friday to move over to a diesel Mercedes. The experience of buying the car was anything but wonderful. Firstly within 24 hours is became apparant that the AUC check was not carried out, this was confirmed 1 week later when the car required £1,000 of work to be done. Fortunately the unname dealer agreed for this work to be done at a dealer closer to my Wiltshire home and they covered the cost.

Then 4 weeks after the car was collected, I was suspicious of the lack of refund from the finance company who had funded the trade-in vehicle. The policy of this finance company is to refund any DD payment made between a settlement amount being issued and the settlement amount being received.

When I queried this with the Finance company, they advised me that the dealer had subsequently contacted them for a revised settlement. This was duly given (it shouldn't have been) and the dealer in their wisdom settled on the lower amount leaving me to fund a £540 shortfall (capital and interest). The dealer did agree to refund the money in 2 stages (Capital and Interest). I am pleased to say a cheque for the Capital was received, but now 6 weeks after this issue was raised with them I am still out of pocket for the interest.

A letter was sent requesting that the outstanding amount be sent to me within 7 days, when I checked to ensure my letter was received I was told "Yes and you will have a cheque by Monday/Tuesday" (This was Monday/Tuesday last week).

As a result of this I have decided to take them to the small claims court. I am posting this on every motoring forum I participate in so apologies if you read this more than once.

m12_nathan

5,138 posts

265 months

Sunday 10th July 2005
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So the car was wonderful and you moved to a diesel merc, I don't get it?

rassi

2,472 posts

257 months

Sunday 10th July 2005
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So the reason you are taking the dealer to court is because you are out of pocket for the interest - what amount are we talking about?

And why did you sell the wonderful M3 after 2 months?

cnjohnson_uk

Original Poster:

9,586 posts

249 months

Sunday 10th July 2005
quotequote all
My business mileage is getting so high that the car as wonderful as it was, was costing me an arm and a leg in running costs. The move to a diesel Mercedes will save me a fortune in fuel and insurance.

When I bought the M3 I had assumed I would be doing the usual 12K miles a year, but it became apparant that It would be somewhere between 24 - 30K miles a year.

slim_boy_fat

735 posts

245 months

Sunday 10th July 2005
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So your taking them to court of interest accrued on £540 over about 2 months????????????????

Mmm that sounds sensible. You must have too much time on your hands, move on FFS life is too short.


m12_nathan

5,138 posts

265 months

Sunday 10th July 2005
quotequote all
cnjohnson_uk said:
My business mileage is getting so high that the car as wonderful as it was, was costing me an arm and a leg in running costs. The move to a diesel Mercedes will save me a fortune in fuel and insurance.

When I bought the M3 I had assumed I would be doing the usual 12K miles a year, but it became apparant that It would be somewhere between 24 - 30K miles a year.



So you put a decent amount of milage on the car then? in 2 months circa 4k? I'm suprised they agreed to let you return the car, never mind the interest.

johnrs4

304 posts

252 months

Monday 11th July 2005
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Would assume that if this was in the early stage of a standard lease agreement then quite a large portion of the £540 would be interest so worth going after

Donut

4,521 posts

257 months

Monday 11th July 2005
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Why go to court?

Have you phoned the DP?

You brought a Wonderful car and then realised you where doing more miles

Patrick1964

710 posts

237 months

Wednesday 13th July 2005
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Looks like he's been treated badly by a main dealer - if that's true (2 sides to every story) then why not take them to court ? £1 or £1,000 it doesn't matter. It's the principal that counts. I had to take a company to Small Claims Court, surprise surprise they paid up what they owed me when they got the paperwork. I say good luck to you.