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This is my first time posting so I hope someone can please help.
Nov 2021 I purchased a 2019 plate BMW 220i for £26k (plus some extras) from Sytner BMW (approved used). I bought the car from them because I'd just been in a serious accident months prior where the airbags didn't go off and was willing to pay a premium for an approved used car that was reliable with all manufacturer original parts. I had never had a BMW before and this was a far more 'sporty' car than I'd had before, but I had noticed as time went on that the car felt really low. I was unable to go over speed bumps and in December the front splitter completely shredded on a motorway when I was driving. I went in to the dealership to have this fixed, they did checks and said everything was fine. Fast-forwarding to March 2022, my brother saw my car for the first time and said it looked way too low. He said to me it had definitely been modified lower, but I told him that the dealership had never mentioned anything to me.
I contacted Sytner and mentioned the ride height to them and asked them if it had been modified. They couldn't confirm but got the car in for an investigation and then told me that it was in fact modified with non-manufacturer lowering springs and that this was noted on the reports before sale, and that they were not sure why this didn't get fixed before the car was sold to me. They didn't really give me an option, but went ahead and changed the springs on the car to manufacturer springs, making the car back to the correct height.
Upon taking the car back, I told them that I was not happy because this was never disclosed to me at the time of sale and I had therefore not made any disclosures of modifications to my insurance. This means I was driving around for almost six months in a car with falsified insurance and if I had been in an accident, my insurance would not have been valid. Furthermore, I wasn't confident that the car was then properly checked.
I then told them that I wanted to return the vehicle due to being sold a mis-described vehicle and for the wider consequences that this had caused on my insurance. I have been paying a premium price for a car on PCP that I could have bought for far less anywhere else. From what I can tell, the car not being as described amounts to a breach of contract and I am entitled to a full refund.
They have told me that they will settle the outstanding finance and buy back the car from me, minus 45p per mile for 'fair usage'. From what I can understand though, this 45p per mile is from HMRC's guidelines for mileage for cars under business use and is supposed to cover fuel, servicing, wear and tear, tax etc - which does not seem right.
Can anybody tell me what I am entitled to ask for? I have been paying £476 per month for the past 6 months and paid a £1855 deposit upfront (total payments approx £4711), but they are only wanting to give me back approx £1100 - which puts me at a massive financial loss due to their mistake.
I would never have bought the car if I'd known it didn't have manufacturer parts in it, and also springs in cars are integral to the safety of the vehicle and it's suspension, which I have no confidence in since this was not checked and didn't know where this had come from or how it had affected the rest of the car. I have also lost confidence in Sytner telling me the car is now fine.
All I have asked for is my £1855 deposit back but they are being stubborn. The car hasn't depreciated much, I have been well within my mileage allowance and the second hand car market is really good at the moment. I owe less on the PCP than they'd be able to sell it for so I am not sure why they are being difficult.
Am I legally allowed to push for my deposit back? I believe I'm entitled to a full refund or damages but I am trying to come to an agreement.
Thanks so much.
Nov 2021 I purchased a 2019 plate BMW 220i for £26k (plus some extras) from Sytner BMW (approved used). I bought the car from them because I'd just been in a serious accident months prior where the airbags didn't go off and was willing to pay a premium for an approved used car that was reliable with all manufacturer original parts. I had never had a BMW before and this was a far more 'sporty' car than I'd had before, but I had noticed as time went on that the car felt really low. I was unable to go over speed bumps and in December the front splitter completely shredded on a motorway when I was driving. I went in to the dealership to have this fixed, they did checks and said everything was fine. Fast-forwarding to March 2022, my brother saw my car for the first time and said it looked way too low. He said to me it had definitely been modified lower, but I told him that the dealership had never mentioned anything to me.
I contacted Sytner and mentioned the ride height to them and asked them if it had been modified. They couldn't confirm but got the car in for an investigation and then told me that it was in fact modified with non-manufacturer lowering springs and that this was noted on the reports before sale, and that they were not sure why this didn't get fixed before the car was sold to me. They didn't really give me an option, but went ahead and changed the springs on the car to manufacturer springs, making the car back to the correct height.
Upon taking the car back, I told them that I was not happy because this was never disclosed to me at the time of sale and I had therefore not made any disclosures of modifications to my insurance. This means I was driving around for almost six months in a car with falsified insurance and if I had been in an accident, my insurance would not have been valid. Furthermore, I wasn't confident that the car was then properly checked.
I then told them that I wanted to return the vehicle due to being sold a mis-described vehicle and for the wider consequences that this had caused on my insurance. I have been paying a premium price for a car on PCP that I could have bought for far less anywhere else. From what I can tell, the car not being as described amounts to a breach of contract and I am entitled to a full refund.
They have told me that they will settle the outstanding finance and buy back the car from me, minus 45p per mile for 'fair usage'. From what I can understand though, this 45p per mile is from HMRC's guidelines for mileage for cars under business use and is supposed to cover fuel, servicing, wear and tear, tax etc - which does not seem right.
Can anybody tell me what I am entitled to ask for? I have been paying £476 per month for the past 6 months and paid a £1855 deposit upfront (total payments approx £4711), but they are only wanting to give me back approx £1100 - which puts me at a massive financial loss due to their mistake.
I would never have bought the car if I'd known it didn't have manufacturer parts in it, and also springs in cars are integral to the safety of the vehicle and it's suspension, which I have no confidence in since this was not checked and didn't know where this had come from or how it had affected the rest of the car. I have also lost confidence in Sytner telling me the car is now fine.
All I have asked for is my £1855 deposit back but they are being stubborn. The car hasn't depreciated much, I have been well within my mileage allowance and the second hand car market is really good at the moment. I owe less on the PCP than they'd be able to sell it for so I am not sure why they are being difficult.
Am I legally allowed to push for my deposit back? I believe I'm entitled to a full refund or damages but I am trying to come to an agreement.
Thanks so much.
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