Car dealer not responding to my contact to reject car

[claired100]

Hi , I hope some one can help.

This is the first time I have had issues with a second hand car.

31/12 I brought a second hand BMW which came with included a AA warranty £1000 per claim

Mileage upon purchase 90659 current mileage 92021

In February I noticed the car was slow at gaining speed, we contacted the warranty company and took the car to their approved garage 24/02 and we paid for a diagnostic.

They said the car needed a new transfer box but they were not qualified to fix this, they quoted the wrong mileage on their invoice and said the car needed more work but they didn't quote for this.

The warranty company couldn't find a garage on their approved list so we were allowed to take it to a garage of our choice , our local BMW garage did another diagnostic at a further cost to us but they couldn't fit us in until 31/03 and said the car needed :

A new turbo charger
New manifold swirl flaps
A new transfer box

The cost for all the work came in at over 6k , its clear the warranty company wont cover all the repairs so I emailed them asking the car dealer if they would cover the shortfall for the cost of the repairs, replace the car or accept a return on 27/04.

09/05 I had still not heard back from them , so I sent another email , in my message I told them I had given them the opportunity to work with us to fix the issues and as they had not responded I will assume they wont be helping to fix the car. The cars been in the garage 6 weeks now so I asked them to come back to me with details on how we could arrange for them to collect the car at no further cost to me and issue a refund as I am now rejecting it . I am on maternity leave and completely isolated without a car , the cars been taxed and insured for the 6 weeks I have not been able to use it. I have given them 14 days to reply and also sent the email in the post signed for to make sure they received it.

The car also has a recall which the dealer didn't sort before selling it to us, does that make a difference?

Have I took the right first steps?

I am still letting the warranty company and the BMW garage continue to correspond to try and fix the issues, but as the claim limit is 1k it wont cover it all.

What would be my next steps after the 14 days expire? I have looked online and seen other people have recently had the same issues with the dealer so should I be more aggressive knowing they wont respond or work with me?

Thanks

One exhausted new mum with no transport

[des8]

So far you seem to have done everything correctly, but how did you pay for the vehicle?
Was it cash/bank transfer/debit card/credit card or finance?

[claired100]

hi des8 we paid for the vehicle via bank transfer , an initial deposit and then the remaining balance when we collected the car.

[des8]

If they do not respond, or respond negatively, you will need to write yet again, this time rejecting the vehicle and warning them that if they continue to ignore you will initiate court action without further reference to them. A further 14 days to allow them to respond.

If you don't fancy a court claim you could try alternative dispute resolution if the dealer is accredited to the Motor Ombudsman, or some other organisation.

[claired100]

des8

i received a reply from them this morning


‘Good morning, Claire we are very sorry for the issues that have developed on your BMW, But the 3-month AA warranty that came with the car was the cover it came with. When you bought the car it was is good working order, when a problem occurs its correct to take it to an AA approved garage, but the warranty does only have a claim limit and above and beyond repairs costs would have to paid by yourself. In this case the limit was £1000. Unfortunately it seems the garages were not capable of acting on the repairs within the end date of the warranty. Therefore, the car is now without a warranty. We are very sorry that you are in this position,, but the warranty was the cover you had. Regards.

Kindest Regards,Taras’


in my last email to them I rejected the car and gave them 14 days to respond and asked them to get in touch to arrange collection.

The warranty did end after 3 months but because we couldn’t find an approved garage they allowed us to re-open the claim so it’s still processing , but with £1,000 per claim limit so it still won’t cover the full cost.

how should I now respond to them? There clearly trying to rob me off *♀️

[des8]

So you now respond politely thanking them for their letter

You then tell them you are exercising your final right to reject the vehicle as per the Consumer Rights Act 2015, and require reimbursement of your purchase price within 14 days.
Tell them where the vehicle is for their collection.

Remind them they have declined to repair the vehicle and leave you no option .but to initiate court action if they do not make the refund on time.

[claired100]

Thanks des8 , the warrenty company have just come back to me today offering to pay for £180 of the repairs.

Which after 6 weeks is a bit of a joke but by this point we expected it.

I have gone back to the dealer stating Im rejecting the car (again) but this time told them the next step will be court action so I will see if that gains a better response from them

[claired100]

des8 the 14 days expire this Wednesday

Do I initiate further contact with them? They have not responded to my last email rejecting the car and telling them I will initiate court action

or do I just wait until the 14 days are up and proceed with court action?

[des8]

Await the 14days at least, and if you hear nothing file your claim with the court.