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Sorry for the long post....
On 10/05/2023 I bought a BMW 320d Xdrive at a cost of £7850, it was delivered as a distance selling sale. They say all their cars come with a new mot with no advisories, i checked a couple of weeks later to see that it hadn't been mot'd. I had to mot it myself as their mechanic had "forgotten" and it came back with 2 advisories for worn tyres. They didn't offer to replace so i did at a cost of £600.
27/06/2023 informed dealer that I was putting the car in to a BMW specialist to get it looked at.
05/07/2023 informed dealer that the specialist advised they would change the gearbox and transfer box oil to start with.
08/07/2023 I called the dealer as they weren’t replying to emails, they didn’t answer so left a message saying that I had emailed a couple of times.
09/07/2023 I had an email back apologising that they hadn’t seen my emails as they had gone in to their junk folder. I was surprised at this as it was their sales email and they found mine after 2 weeks when I hadn’t told them who I was when calling. They also referenced my warranty that I had no knowledge of as i hadn’t been given any paperwork for it.
09/07/2023 they said the oil change wasn’t covered by warranty and they could get their mechanic to look at it. I asked when that would be and they didn’t reply. (I believe the CRA 2015 states you can’t refuse to deal with a complaint about a fault or defect on the grounds that a warranty doesn’t cover it) They said they would get a price from their mechanic to do the work. They said their mechanic was fully booked and they would let me know. They didn't.
10/07/2023 I told the dealer I wouldn’t be interested in paying for changing any oil until the fault is fixed, he then reiterated he would see when he could fit me in.
18/07/2023 I asked for details of the warranty, the reply was that the oil wouldn’t be covered by the warranty and to get the oil changed to see if it resolves the issue and let them know. They said they have a friend who is a BMW mechanic who said he’s pretty sure the oil change will cure it. They didn’t supply any details of a warranty as I had asked for although their website states that every car comes with an RAC warranty with complimentary RAC rescue. They then said that because of the age and mileage the RAC wouldn’t cover it so I have a 3 month in house engine and gearbox warranty.
05/08/2023 I informed them the oil change had been done at a cost of £490 to myself and it hadn’t fixed the problem.
07/08/2023 I emailed saying I wanted to return the car under the CRA 2015 minus an agreed amount for usage. I also said that I could return under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as I hadn’t been informed of my right of cancellation at the time of delivery. Under the CRA a repair is deemed failed if not sorted in a reasonable amount of time. I don’t think 6 weeks is reasonable when they have had every chance to look at it. I also see the fact they told me to get an oil change as their BMW mechanic friend said it should fix it as their 1 chance of repair as they told me to get it done.
07/08/2023 I had a reply saying they had been on holiday and that they hadn’t been given the chance to look at the car. I reiterated they had the chance since the beginning of July when they first offered. Thinking about it they have had the opportunity since the 27/06/2023. They also said they hadn’t requested me to get an oil change which in a previous email is exactly what they said.
They then totally ignore an email I send and reply with when can I drop the car off, they want to inspect it and to see if it has been “tampered” with.
I ask about one of their “range of courtesy cars”, they replied that they don’t have courtesy cars and never had. I replied it’s advertised on their website and they replied it’s the RAC that do.
They have now offered to collect the car.
To summarise, they ignored me from the 27/06/2023 to the 09/08/2023.
They offered to book car in to get it looked at which I was happy to do, I never got a reply.
They tried to use the warranty to get out of any responsibilities for fixing the car.
Told me to get the oil changed then denied saying it.
After 6 weeks and me informing them I want to return the car they are suddenly wanting to look at it.
I don’t want them to as they are insinuating that it’s been tampered with before they even have it back.
I have offered to accept an amount for usage as per CRA and also do the ADR through the RAC they are approved by.
Am I right that they have had plenty of opportunities to look at the car and haven’t done so it’s been an unreasonable amount of time so the repair is deemed failed? Also, them telling me to get the oil changed, is that deemed as their 1 chance of repair that has also failed? I believe all under the CRA 2015?. Also that I can return the car under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as I hadn’t been informed of my right of cancellation at the time of delivery?
What should my next move be?
Thanks in advance.
On 10/05/2023 I bought a BMW 320d Xdrive at a cost of £7850, it was delivered as a distance selling sale. They say all their cars come with a new mot with no advisories, i checked a couple of weeks later to see that it hadn't been mot'd. I had to mot it myself as their mechanic had "forgotten" and it came back with 2 advisories for worn tyres. They didn't offer to replace so i did at a cost of £600.
27/06/2023 informed dealer that I was putting the car in to a BMW specialist to get it looked at.
05/07/2023 informed dealer that the specialist advised they would change the gearbox and transfer box oil to start with.
08/07/2023 I called the dealer as they weren’t replying to emails, they didn’t answer so left a message saying that I had emailed a couple of times.
09/07/2023 I had an email back apologising that they hadn’t seen my emails as they had gone in to their junk folder. I was surprised at this as it was their sales email and they found mine after 2 weeks when I hadn’t told them who I was when calling. They also referenced my warranty that I had no knowledge of as i hadn’t been given any paperwork for it.
09/07/2023 they said the oil change wasn’t covered by warranty and they could get their mechanic to look at it. I asked when that would be and they didn’t reply. (I believe the CRA 2015 states you can’t refuse to deal with a complaint about a fault or defect on the grounds that a warranty doesn’t cover it) They said they would get a price from their mechanic to do the work. They said their mechanic was fully booked and they would let me know. They didn't.
10/07/2023 I told the dealer I wouldn’t be interested in paying for changing any oil until the fault is fixed, he then reiterated he would see when he could fit me in.
18/07/2023 I asked for details of the warranty, the reply was that the oil wouldn’t be covered by the warranty and to get the oil changed to see if it resolves the issue and let them know. They said they have a friend who is a BMW mechanic who said he’s pretty sure the oil change will cure it. They didn’t supply any details of a warranty as I had asked for although their website states that every car comes with an RAC warranty with complimentary RAC rescue. They then said that because of the age and mileage the RAC wouldn’t cover it so I have a 3 month in house engine and gearbox warranty.
05/08/2023 I informed them the oil change had been done at a cost of £490 to myself and it hadn’t fixed the problem.
07/08/2023 I emailed saying I wanted to return the car under the CRA 2015 minus an agreed amount for usage. I also said that I could return under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as I hadn’t been informed of my right of cancellation at the time of delivery. Under the CRA a repair is deemed failed if not sorted in a reasonable amount of time. I don’t think 6 weeks is reasonable when they have had every chance to look at it. I also see the fact they told me to get an oil change as their BMW mechanic friend said it should fix it as their 1 chance of repair as they told me to get it done.
07/08/2023 I had a reply saying they had been on holiday and that they hadn’t been given the chance to look at the car. I reiterated they had the chance since the beginning of July when they first offered. Thinking about it they have had the opportunity since the 27/06/2023. They also said they hadn’t requested me to get an oil change which in a previous email is exactly what they said.
They then totally ignore an email I send and reply with when can I drop the car off, they want to inspect it and to see if it has been “tampered” with.
I ask about one of their “range of courtesy cars”, they replied that they don’t have courtesy cars and never had. I replied it’s advertised on their website and they replied it’s the RAC that do.
They have now offered to collect the car.
To summarise, they ignored me from the 27/06/2023 to the 09/08/2023.
They offered to book car in to get it looked at which I was happy to do, I never got a reply.
They tried to use the warranty to get out of any responsibilities for fixing the car.
Told me to get the oil changed then denied saying it.
After 6 weeks and me informing them I want to return the car they are suddenly wanting to look at it.
I don’t want them to as they are insinuating that it’s been tampered with before they even have it back.
I have offered to accept an amount for usage as per CRA and also do the ADR through the RAC they are approved by.
Am I right that they have had plenty of opportunities to look at the car and haven’t done so it’s been an unreasonable amount of time so the repair is deemed failed? Also, them telling me to get the oil changed, is that deemed as their 1 chance of repair that has also failed? I believe all under the CRA 2015?. Also that I can return the car under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as I hadn’t been informed of my right of cancellation at the time of delivery?
What should my next move be?
Thanks in advance.
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