German Car Shop Leicester - Faulty vehicle purchase with lengthy period of repair

[Clacks93]

Good evening all, 

 

I purchased a BMW 435d from German Car Shop Leicester for £17,750.00 with a 6-month warranty on November 17th 2022. It's a 65-plate (2015) with 50,000 miles on the clock at the date of purchase. The purchase was made in part cash (£4,000.00) and part bank transfer to their registered company Sho Car Ltd (10961566). The 6-month warranty was not provided at the time of sale and I was reassured that this would be received via email. Sensing suspicion, I asked for a record of the 6-month warranty, for only this to be scribbled onto the receipt in biro. I never thought twice to chase the warranty and was very pleased with the purchase. 

 

On 28th December 2022, an engine fault light appeared 'Drivetrain error, you can continue your journey at a moderate speed'. I contacted the dealer immediately and was informed that collection would not be possible that day due to New Year approaching. I gave them the benefit of the doubt and was forced to leave the vehicle at the service station. Upon realising that I had never received the warranty, I sent them a text message on December 28th 2022 confirming the details of my call with them and expressly requesting the warranty, providing my email address so that I could review the terms and conditions. I have still not received this at the time of writing this post, despite several further written requests for it. 

 

Since then, they have been extremely evasive, ignoring calls and messages. I was told it was a turbo issue, and that it was in hand and repairs will be 'sorted'. It has now been over a month since they have had possession of the vehicle and I fear that after reading other threads on this website relating to the same dealer that they can not be trusted to undertake a proper repair. I have provided a link to the thread below. 

 

I wanted to know where I stand with regard to getting a full cash refund. From my understanding, they have one opportunity to repair and should the repair not be carried out to a satisfactory standard or in a reasonable time then I am entitled to a full/partial refund. From my limited knowledge, they can reduce my claim based on my use of the vehicle, of which I believe I had driven approximately 400 miles, taking the overall mileage of the car to circa 50,400 miles. Is almost 6 weeks to repair with no courtesy car provided reasonable? 

 

I am obviously frustrated at not having carried out my own due diligence on the dealer, as I have seen that there has been a previous conviction at the company for the sale of unsafe vehicles. In mid-January, I contacted them chasing for an update and making it clear that I would be having the vehicle inspected by an independent mechanic upon its return and that if any issues were discovered, I would be requesting a full refund. Their response was one filled with expletives and incredibly rude and abusive. 

 

Any advice would be greatly appreciated as it's a lot of money to spend on a vehicle and I don't want to pursue litigation if there is a more amicable way to resolve the issue in accordance with the pre-action protocol. I fear that they will try to avoid my request for a refund so want to know where I stand before approaching them. 

 

Thanks in advanced.

 

[dx100uk]

20 minutes ago, Clacks93 said:

I wanted to know where I stand with regard to getting a full cash refund. From my understanding, they have one opportunity to repair and should the repair not be carried out to a satisfactory standard or in a reasonable time then I am entitled to a full/partial refund

 

correct. though not sure on the resonable time, clause in consumer law.

there should not be any deduction for 400mls!!! 

 

your BIG mistake was paying by cash/BACS. you have zero ways to get your moneyback other that consumer laws/court claim.

 

FORGET THE WARRANTY MEANS NOTHING

 

 

[Clacks93]

Thanks for the prompt response. That's unfortunate to hear. What would you suggest is the best way to move forward, seek legal advice?

Edited February 6, 2023 by dx100uk
unnecessary previous post quote removed

[dx100uk]

Nope, like that other and the other like threads in the forum you started yours in, you don't need a solicitor, just read a good few like threads and comeback with anything you are unsure of 

 

Dx

[Clacks93]

I was going to finance it initially but managed to get the cash together. I'm going to approach them first and ask, but know that they'll immediately get on the defensive and outright refuse. What's the likelihood of being successful down the legal route, after all, you can't sue a penniless defendant.  

[dx100uk]

nor one that phoenixes into another company name.

 

 

[bubbles108]

Hi,

 

I am currently in the process of looking to take these guys to small claims court due to the exact same problems.

 

I brought a Seat Leon from them last month and have had nothing but problems since having it.

 

I also had the warranty with them and I even paid for extra warranty at that They still haven't provided me any details with.

 

They have been so rude on the phone, ignoring my calls, but even abused me on the phone and threatened that they knew where I lived.

 

Thinking we should definitely come together as there are a few other people having the same problems. Drop me a text if you want - (removed- dx)

[dx100uk]

Please do not publish pers details against our site and GDPR rules we must abide by .

 

Create your own topic by hitting + or create in the top red banner.

 

Dx

[bubbles108]

Hi, sorry didn't know you can't post info - I just would like to get in touch with the guy as I'm having similar problems and have been advised by citizens advice to find anyone who has had problems with the garage - i'll post my issue separately 

[honeybee13]

If the CAB wanted to help, they could refer the garage to Trading Standards.

 

HB

[bubbles108]

I've reported them to trading standards as well - they said they're monitoring them 

[dx100uk]

59 minutes ago, bubbles108 said:

have been advised by citizens advice to find anyone who has had problems with the garage

no such thing as class action in the UK.

 

dx

 

[bubbles108]

No but it helps build my case - they have actually been previously convicted in 2017 for selling dangerous/unroadworthy cars

 

- as much as I'm fighting I'm going to have to take them to court and threads like this will help prove my case surely?

Edited February 8, 2023 by dx100uk
unnecessary previous post quote removed

[dx100uk]

threads wont help but previous examples of successful litigation will

 

we can help as you can already see here.

 

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