Dealer Refused Right To Reject

[Bust BMW 320]

Hi,

The dealer I recently bought my car from has refused my right to reject.

For clarity, I bought the car early March 2021 using my credit card to pay in full (I have already alerted the credit card company and raised a claim with them). I covered 4.5k miles in the car then after 3 months the cam chain broke as I was driving down my street at low speed fortunately.

I have requested the independent dealership to recover the vehicle and I have also paid a mechanic to carry out a diagnostic report identifying the problem.

The dealer has now refused the right to reject so I have issued the letter before action stating that court action will follow should they not respond accordingly and assist with the repairs.

Is there anything further that I need to do at my end before starting the court proceedings?

TIA

[echat11]

Hi Bust BMW 320

Make sure all your communications with the dealership and Credit Card company are in written form. Have you sent your mechanics report to the Credit Card company with your claim? The Credit Card company need to be chased, they are pretty slow on claims.

[DE DOGS]

This can be a problem, on certain cars Mercedes the milage suggested to change the timing chain is around 10,0000 miles, then depending on the service record, this happened to us, normally engine finished, unless you are very lucky, the dealer will argue its not his fault.

[des8]

Did you request the dealer arrange a repair, which he refused, prior to rejecting the vehicle?

[Manxman]

...

I have requested the independent dealership to recover the vehicle and I have also paid a mechanic to carry out a diagnostic report identifying the problem.

...

You don't actually say what your mechanic identified as the problem. Presumably it was some inherent fault that he reports was present when you bought the car? Or is it just wear and tear?

[DE DOGS]

I guess it is were and tear. You would hear if the chain was worn, although not always as once the engine has warmed up and rattles will go.

[Bust BMW 320]

I sent the diagnostic report to the credit card company. The report highlighted an issue with the cam shaft which relates to the cam chain breaking. I wasn't aware that this was an issue so was not looking out for any noises relating to the chain failing.

I gave the the dealer a copy of ghe report and the opportunity to correct the problem which he has refused. He is stating that because I have covered 4.5k miles in the period since I bought the car that would mean that it was sound at the time of purchase.

[echat11]

Thing is you didn't by the car to look at it, you bought it to drive, yes 4.5k miles. If the dealer thinks that it's acceptable, is he saying that the 'fault' will occur every 4.5k miles?

https://www.thecarexpert.co.uk/rejecting-a-car/

[DE DOGS]

It now depends on the mileage showing on the mile meter, plus go to the DVLA and check the recorded mileage in case that has been clocked back. Common offense when a vehicle has high mileage.

[des8]

If the vehicle proves to be unsatisfactory after the first 30 days after purchase, but within the next 5 months, it is deemed that it was unsatisfactory when delivered and it is for the dealer to prove otherwise