New car problems after five weeks?

[Devilsadvocate999]

Hi

 

I traded in my Clio for a BMW 2008 with 100k on the clock from a reputable (or what seemed like on) garage.

 

It came with a new mot and Full service history.

 

Week two of owning the car, i had to get a fuel filter issue sorted which cost £125.

 

Week five, the car starts to shake, like violently shake. I called them and they said they would look at it next week under the terms of the 'warranty' which is an external one.

 

I took it to a BMW specialist today and they said the issue is coming from inside the engine and they need to strip it down at quite a cost! The car was £8500 and I will take it to the place I got it from next week to give them the opportunity to fix it but I get the impression they are not going to do much as the external warranty only covers a fault if something is 'broken', which is what they said over the phone! If they refuse to fix it, where do I stand legally?

 

Surely I can reject the car under the sale of goods act? I have only owned t

Five weeks!! What if I reject it and they refuse to refund me? Do I have to

Take them to court?

 

I traded in a perfect car and ended up with a dog

 

Looking at other forums, I am not alone with buying a poor quality car from this garage, one thread had 57 pages of complaints.

 

Thanks

[Bazooka Boo]

Forget the warranty you unfortunately wasted your money, warranties are really not worth the paper they're written on.

 

You have SOGA to fall back on, this trumps any warranty every time.

 

I would be looking at getting the cost of that fuel filter reimbursed, have a good read of SOGA, and get some advice from your local trading standards, they might already be aware of this garage..

[Devilsadvocate999]

Forget the warranty you unfortunately wasted your money, warranties are really not worth the paper they're written on.

 

You have SOGA to fall back on, this trumps any warranty every time.

 

I would be looking at getting the cost of that fuel filter reimbursed, have a good read of SOGA, and get some advice from your local trading standards, they might already be aware of this garage..

 

Thanks

 

Yeah my plan is

 

1. Give them the opportunity to fix it.

2. Reject the car under the sale of goods act.

3. Small claims court

 

The limit has been raised for the small claims court to 10k and I have a case so will pursue it. I have a written inspection report from an independent bmw specialist and will also pay for a bmw dealership to do the same.

 

Cheers

[Bazooka Boo]

Yep, that sounds about right.

 

Let us know how you get on...

[postggj]

Remember, you will need an independent report done on the vehicle by a main dealer or the AA/RAC at your expense,(claim that back in your claim) prior to the court claim

 

You say you have a main dealer report. Make sure that report is concise and lists the problems that have been diagnosed, with a fee schedule attached

 

You need to be seen as acting reasonable and give the dealer every opportunity to rectify the faults

[Devilsadvocate999]

Remember, you will need an independent report done on the vehicle by a main dealer or the AA/RAC at your expense,(claim that back in your claim) prior to the court claim

 

You say you have a main dealer report. Make sure that report is concise and lists the problems that have been diagnosed, with a fee schedule attached

 

You need to be seen as acting reasonable and give the dealer every opportunity to rectify the faults

 

Thanks, I will definitely give them the opportunity to fix it first.

 

If they refuse, as its been less than six weeks and I have to reject the car under SOGA. What if they refuse a refund? Would I then need to go to court for the full amount?

 

Just want to understand my rights before I visit them tomorrow.

 

Cheers

[postggj]

How was the vehicle described in the advert and do you still have the advert

[Devilsadvocate999]

There was no advert, they have 100s of bmws so I just turned up and found one I liked. If there was an advert on the website, it has gone now.?

 

Cheers

[postggj]

You are covered under the Sale of Goods Act on this but you must be reasonable and give the dealer an opportunity to rectify the faults to your satisfaction BEFORE ANY CIVIL LITIGATION

 

Any warranty the dealer gives means squat and i hope you were not charged for one. As stated. you are covered under the SOGA

 

You need to stop driving the vehicle if you have reported the fault, ask the garage how they want you to get the vehicle to their place of business, record the phone call on your smart phone as well as an example.

 

how did the independent garage know the problem was coming from the engine, did they do a diagnostic report

[Devilsadvocate999]

The independent garage did a diagnostic but it showed up no error codes, they ruled everything else out such as engine mounts etc and said the only thing left was whats inside the engine and that involves stripping it down to find the exact fault.

 

I can see myself having to foot the bill for this theory I read bad stories about the garage, just wish I had googled them beforehand. There is a 57 page thread on a car forum full of people who have bought cars and then had problems straight after; the garage are ruthless apparently and they just look at the issue in accordance with the 'warranty'. People have rejected cars from there before under the SOGA according to the posts I've seen and the garage refuses a refund and tells the customer to take them to court

[postggj]

you will need a full independent report listing the engine mounts from an established organisation to do the report (main dealer AA/RAC) at your expense if the garage say they are not upholding your complaint

 

without it you have no chance

[scaniaman]

Why did you buy a relatively new car with 100,000 mls on the clock? This is almost double what a car of this age should have covered.