sytner bmw refuse to honour new Car Warranty - 3yrs old - Gearbox Failure

[fluky]

hello there

Last week, my wife car - BMW 330E, had gearbox failed.

Dealer told us there is a damage hole at the bottom of gear. 

 

See the attacted picture,  it clearly showed on the bottom protection cover,  there is a dent pointing downward circled in red, hence the cause has to come from above within the car where the gearbox failure is.

 

The car is still within 3years warranty period,  as we bought brand new from the dealer Sytner bmw, but the dealer refuses to honour the warranty to repair.

They initially claims that it is external damage,  and then says, warranty does not cover wear & tear,  hence implying the gearbox failure is due to wear and tear.

This is total  **.

 

If any new car of less 3 years old  had gear box failure,  it would be defact,  let alone this is a bmw. 

Could anyone give me some advice on this matter... much appreciate.

 

thank. 

 would we stand a chance if we have to take them to court ?

yk

[BankFodder]

You need to get an independent assessment – and preferably two independent assessments of the damage, the cause of the damage and the cost of repair.

When you get those, come back here. If the assessments cost you money then I'm afraid you'll have to pay it – but if they confirm that it is some problem with the car itself rather than external because then you will be able to reclaim this.

Finally, please could you present your story correctly spaced and punctuated. A solid block of text is extremely difficult for anybody to follow when you are trying to give help online.

Thank you

[fluky]

further that, two weeks before the gearbox failed,  the car just had a full service as part of the warranty in the dealer Sytner Bmw... 

[fluky]

Hi BankFodder, 

Many thanks for your reply. 

 

The car is at the dealer 's garage,  I guess  they may not coorperate if i send in independent  person to do the check at their place...   But  does  their claim  of wear and tear stand at all consider the car has only done average mileage circa 32k.

 

thanks 

[BankFodder]

I don't see that the dealer has any choice but but to allow your independent inspections.

 

And no of course one would not expect this kind of wear and tear from a BMW gearbox which only has 32000 miles on the clock.

Tell the dealer that you are putting in the independent inspectors. Tell them in writing.

 

if they refuse to have your independent inspectors on their premises then tell them in writing that you are removing the vehicle for inspection elsewhere and the if the reports show so that the the cause of the problem is not an external problem and it is not wear and tear then the garage will be held liable for the repairs as well as the cost of moving the vehicle as well as the cost of the inspections

[Gick]

I think that the final part of the last sentence should read ' then the garage will be held liable for the cost of moving the vehicle and the cost of the inspections as well as the repairs.

[fluky]

hi BankFodder and Gick 

Thank to both of you. 

 

We will try to ask an independent inspector.  

 

Just add further information,  at the time of failure,  my wife was driving on a busy dual carriage road near the destination.

 

While driving, she heard noise from the gear box section and short after,  followed with a "bom" punching sound.  She managed to drive further few miles and parked the car, and that was the end of it,  the car would not go into gear

any more. 

 

 

[dx100uk]

short-circuit the lot of 'em ceoemail.com for UK CEO of BMW, this is disgraceful for a BMW dealer to say this and treat you this way.

hope they are paying for a hire car !!

[fluky]

Yes,  they have given my wife a courtesy car via a third party Enterprise Rental. But they also gave us an estimate repairing cost of over 10k, and tried to persuade my wife to claim the cost from her car insurance. 

[dx100uk]

god no don't do that.

I cant see BMW uk being very happy with the way this customer is being treated by the dealer on a 3yrs old new car

dx

[fluky]

Just a quick update,  we have decided to call in independent inspection from insurance company. 

Shall update again in the near future.

thanks