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Hi Guy's, wonder if anyone can give me some guidance.
I bought a £16,500 car from a registered vehicle trader on 29th April. Upon driving the car home the 200 miles home from the garage I noticed that the Active Cruise Control was not working.
I gave them a call as I had been given a 3 month 3000 mile full vehicle parts and labour warranty by them and they told me to take it to the BMW dealership and have the problem diagnosed. I done that and the dealer told me that the sensor required re-alignment which would cost almost £400. I phoned the place I bought the car from and they told me to get it done and send them the invoice for reimbursement.
I booked it into the dealer and they attempted to re-align the sensor which failed. They said that the sensor must be faulty as it would not initialise with the programming system. The cost of a replacement sensor would be a total of £2200. I called the dealer whom I bought the car from and he said that he would call BMW customer services in order to try and get them to reimburse part of the cost on the basis that the vehicle was only 5 months out of warranty. The dealer had already told me BMW would not entertain him as he was a trader and he had sold me the car therefore it was his responsibility to get it fixed. I agreed to let him try this anyway as I was off on holiday the next day for 2 weeks and so there was nothing I could do at this point.
2 weeks later and back from holiday I have a cheque at the door for the £400 to cover the cost of the alignment which I had already paid BMW with a compliments slip stating that they would call me back on 29th May. That came and no call. I called them and the guy (owner of the garage) would call me back as he was dealing with a customer. Since then I have had no return calls despite phoning them every day and leaving voicemail messages on both their business landline and mobile. I know he/they are working as their website has been updated with stock and the voicemail has changed since his holiday message.
I have this morning sent them the following email (of which I have a read receipt)...
The question now is... I don’t want to have to reject the car and I also don’t want to have to pay the cost of repair out of my own pocket then have to fight to reclaim the cost back. Can I make a claim through the MoneyClaim web site with a reimbursement of the amount to fix the vehicle from the invoice which I received from them after paying for the car? OR will I have to formally reject the car and proceed for a full refund?
Hope someone can give me some initial guidance on this before I have to go all out with the solicitors.
Many thanks.
I bought a £16,500 car from a registered vehicle trader on 29th April. Upon driving the car home the 200 miles home from the garage I noticed that the Active Cruise Control was not working.
I gave them a call as I had been given a 3 month 3000 mile full vehicle parts and labour warranty by them and they told me to take it to the BMW dealership and have the problem diagnosed. I done that and the dealer told me that the sensor required re-alignment which would cost almost £400. I phoned the place I bought the car from and they told me to get it done and send them the invoice for reimbursement.
I booked it into the dealer and they attempted to re-align the sensor which failed. They said that the sensor must be faulty as it would not initialise with the programming system. The cost of a replacement sensor would be a total of £2200. I called the dealer whom I bought the car from and he said that he would call BMW customer services in order to try and get them to reimburse part of the cost on the basis that the vehicle was only 5 months out of warranty. The dealer had already told me BMW would not entertain him as he was a trader and he had sold me the car therefore it was his responsibility to get it fixed. I agreed to let him try this anyway as I was off on holiday the next day for 2 weeks and so there was nothing I could do at this point.
2 weeks later and back from holiday I have a cheque at the door for the £400 to cover the cost of the alignment which I had already paid BMW with a compliments slip stating that they would call me back on 29th May. That came and no call. I called them and the guy (owner of the garage) would call me back as he was dealing with a customer. Since then I have had no return calls despite phoning them every day and leaving voicemail messages on both their business landline and mobile. I know he/they are working as their website has been updated with stock and the voicemail has changed since his holiday message.
I have this morning sent them the following email (of which I have a read receipt)...
Dear XXXX,
Since my telephone contact with XXX at 13:35 on 25th May in which he stated that he would call me back within an hour after dealing with a current customer, I have had no response and been unable to contact him or any representative of XXX Cars since. I have attempted contact on both your business landline (XXXXX) and mobile telephone (XXXX) each time leaving a message with my details in order for you to return my calls.
As your website is updating and your voicemail message has changed in the last day I can only assume that you are open for business and ignoring my calls. For this reason and after taking legal advice, I am sending you this email to request that you contact me within the next 2 working days.
If you fail to contact me within the above stated timeframe I will have deemed myself to have attempted contact with you via every channel possible regarding this matter. I will therefore be issuing you with a written letter stating my case for recovering the costs of repair or full refund of the vehicle which I purchased from your dealership on 29th March 2008.
If I receive no response in relation to the above said letter I will be submitting evidence to the courts formally rejecting the vehicle for a full refund under s.14 (2) and s.14 (3) of the Sale of Goods Act 1979 with the inclusion of interest, costs and compensation. This case will be based on; misrepresentation of your advert which clearly states the vehicle has Active Cruise Control, breach of contract bound by the 3 month warranty provided to me and signed at the time of purchase and also the said sections under the Sale of Goods Act 1979.
Let me assure your Dealership that I have dealt with issues such as this in the past and I will not be going away on the matter. I would therefore hope that you will respect your duty and contractual agreements and repair the vehicle before I am required to take this matter further.
Yours Faithfully,
Since my telephone contact with XXX at 13:35 on 25th May in which he stated that he would call me back within an hour after dealing with a current customer, I have had no response and been unable to contact him or any representative of XXX Cars since. I have attempted contact on both your business landline (XXXXX) and mobile telephone (XXXX) each time leaving a message with my details in order for you to return my calls.
As your website is updating and your voicemail message has changed in the last day I can only assume that you are open for business and ignoring my calls. For this reason and after taking legal advice, I am sending you this email to request that you contact me within the next 2 working days.
If you fail to contact me within the above stated timeframe I will have deemed myself to have attempted contact with you via every channel possible regarding this matter. I will therefore be issuing you with a written letter stating my case for recovering the costs of repair or full refund of the vehicle which I purchased from your dealership on 29th March 2008.
If I receive no response in relation to the above said letter I will be submitting evidence to the courts formally rejecting the vehicle for a full refund under s.14 (2) and s.14 (3) of the Sale of Goods Act 1979 with the inclusion of interest, costs and compensation. This case will be based on; misrepresentation of your advert which clearly states the vehicle has Active Cruise Control, breach of contract bound by the 3 month warranty provided to me and signed at the time of purchase and also the said sections under the Sale of Goods Act 1979.
Let me assure your Dealership that I have dealt with issues such as this in the past and I will not be going away on the matter. I would therefore hope that you will respect your duty and contractual agreements and repair the vehicle before I am required to take this matter further.
Yours Faithfully,
Hope someone can give me some initial guidance on this before I have to go all out with the solicitors.
Many thanks.
. 
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