Help with potential rejection of used car

[icmad]

Hi, I’m looking for some advice on how to deal with the current predicament I am facing. It is quite long so please bear with me.

I bought a used BMW on the 15/07/23 from a used car dealership (not a main BMW dealer) for just under 40k cash sale, no finance. A 12-month warranty was included with the sale. The car was in seemingly good order and came with a full BMW service history with the next service not due until September this year.

On the 27th January I went to start the car and it was misfiring and running rough so I immediately shut the car off and called the warranty company to inform them I would be taking the car to BMW for diagnosis. They agreed to this, and I told them I would keep them updated on the diagnosis.

On the 31st January I had the car recovered to a main BMW service centre who did an initial diagnosis and narrowed the problem down to a potential solenoid failure of the Vanos system, but further diagnosis was required.

On the 1st February the BMW dealer advised they need to remove the cylinder head valve cover to further inspect the Vanos system which is a 6hr job. So together with the diagnosis work already done the bill is £1,300 and no parts have yet been replaced.

On the 5^th February the BMW dealer called to inform me that under further investigation they have found that the oil filter has collapsed and being dragged through the engine and a full new engine and turbos was required.

I instructed BMW to open a warranty claim with the warranty company, but this claim was rejected because the oil filter is a service item which has failed and is not covered. I have asked the BMW dealer to open a request for a goodwill payment to be made towards the cost of a new engine as the part which has failed is a BMW part that was installed by BMW technicians at the last service.

I spoke to the used car dealership where I bought the car and he states that as the car has a full BMW history and the oil filter which has failed prematurely, BMW should pick up 100% of the bill. I tend to agree with this but want to explore my options should BMW reject the claim.

Should BMW reject any goodwill request, can I ask for the supplying used car dealer to pick up the bill or can I reject the car. Upon further investigation I have found that this problem with the collapsed oil filter is common and has resulted in a few engine implosions documented online.

Please help!

[echat11]

Hi ICMAD

Welcome to LB

You should of paid a small part with a Credit Card. That would have provided Section 75 protection.

Write a Formal Letter of Complaint (mark it as such) to BMW, explain as you have here what's happened,
how it's effected you and what you want them to do about it.

Email it to:

Chris Brownridge
Managiing Diretor
BMW UK
Chris.Brownridge@bmw.co.uk

Update the thread.

[icmad]

Hi, thanks, I didn’t know about the credit card bit as I never use one but noted for the future.

I did copy Chris Brownridge into my initial email to BMW UK but it was passed to customer services who have been less than useless. Is it worth sending a written letter to Chris too?

[echat11]

Hi, thanks, I didn’t know about the credit card bit as I never use one but noted for the future.

I did copy Chris Brownridge into my initial email to BMW UK but it was passed to customer services who have been less than useless. Is it worth sending a written letter to Chris too?

I would, he should have an Executive Team that will response on his 'behalf', I think you need to highlight the following - 'Upon further investigation I have found that this problem with the collapsed oil filter is common and has resulted in a few engine implosions documented online.' There seems to be a real safety issue with this happening. Maybe more then a few lines on this.

[icmad]

I will do this and get a letter sent off on Monday. Apparently my case is being reviewed by senior management since Wednesday last week. I know the dealership doesn’t have to offer a courtesy car, but I haven’t had any transport for two weeks which is frustrating.

Worst case scenario if Bmw do reject the goodwill I think my only option will be to reject the car as I don’t have £15k+ for a new engine.

[Pezza54]

If you have the bmw insured warranty comprehensive component cover or named component cover you should be covered up to the value of the car.
These warranties exclude the replacement of serviceable parts such as the oil filter but should cover engine damage caused by a faulty serviceable part provided:
services have been carried out by an approved bmw garage and bmw approved parts used
Bmw insured warranty is regulated by the Financial Conduct Authority and if a complaint cannot be resolved, the consumer can refer the complaint to the Financial Ombudsman Service
Hopefully you won't end up having to make a court claim. If you do you will need an auto engineer's inspection report of the engine that covers the cause of the damage and repairs or replacement needed.

[icmad]

No BMW warranty, it does have a third party warranty but they will not cover it as a serviceable part has failed. I already have engineers report from BMW so if I don’t get the goodwill I will be looking to reject it back to the dealer.

[Pezza54]

Probably best to check the wording in your warranty about exclusions
Under CRA 2015 after 30 days from the date of delivery the consumer can choose between repair or replacement. The dealer has one chance to repair the car before it can be rejected.
After 6 months it is the consumers responsibility to prove that the fault with the car existed at the time of delivery

[icmad]

The warranty company have already rejected the claim and placed the blame on BMW as it is their part which has failed. My only options are a goodwill offer or rejection. Hoping BMW will come through with the goodwill next week!

[Pezza54]

There is a chance BMW will refer you back to the warranty company. The warranty company could be providing you with incorrect advice.
If this turns out to be the case, there is a downloadable letter before action template to a warranty company that is refusing to honour the contract at which.co.uk

Why would a warranty company require manufacturer approved serviceable parts to be used if it had no intention of honouring the agreement if the approved part turned out to be defective?

[icmad]

I haven’t actually spoken to the warranty company, it was BMW that dealt with them. Given the information that BMW supplied they decided that it was a failure of a serviceable part that caused the engine failure. I will give them a call tomorrow to check their exact wording.

Hopefully I will get an update from BMW tomorrow.

[icmad]

I spoke to the warranty company and they have rejected the claim based on the oil filter is considered a serviceable part and has a specific change schedule based on time / mileage. As it is considered consumable in nature this component is specifically excluded from cover.

All BMW parts come with a 2 year fitted parts warranty, and this component has failed within this warranty period resulting in the failure of the engine. They very much placed the onus on Bmw to cover the costs for the replacement engine in full.

I have emailed Chris Brownfield again over the weekend highlighting all of the above points but still very little response from BMW UK. All they have said is my case is with the goodwill team and I will get a response soon.

[Pezza54]

It would be helpful if you can you post the term in the warranty agreement that states the cost of repair of consequential damage caused by the failure of a part not covered by this warranty is excluded

[icmad]

I’m not sure it’s that relevant now as the warranty was only up to a £5k limit and the new engine is £18k. The only options I have is hope for a goodwill offer or try to return it to the dealer as a last resort.