Rejecting BMW within 30 days, what now?

[zed007]

Hi all.

I'll try to keep this short and sweet.

I purchased a BMW from the BMW dealership in September 2023. There were several faults I found and on the 27th day I notified the BMW Finance company that I would like to reject the vehicle as it has several faults (car cutting out, car unlocking by itself).

I received a response from the finance company acknowledging my email and they said they may contact the dealership if they need more information.

I am now without a car, is there anything I can do?

I'm assuming I cannot continue driving the car as I have rejected it, right?

If I hire a car that's going to cost me quite a bit as I do not know when I will receive a response although they say they will have an answer within 8 weeks I think it was.

Could I hire a car and ask the dealership to pay?

I'm not sure what to do? Shall I speak to BMW Finance?

Any advice will be greatly appreciate,

Thanks

Zed

[des8]

The Consumer Rights Act 2015 sec54 (6) & (7) makes it clear that besides the right to reject the consumer also has additional rights including the right to claim damages.

If you intend to claim damages, you must try to limit those losses.

So rather than hiring a car, have you considered purchasing a cheap vehicle which you cam sell on later.
your losses will possibly be a lot lower

[zed007]

The Consumer Rights Act 2015 sec54 (6) & (7) makes it clear that besides the right to reject the consumer also has additional rights including the right to claim damages.

If you intend to claim damages, you must try to limit those losses.

So rather than hiring a car, have you considered purchasing a cheap vehicle which you cam sell on later.
your losses will possibly be a lot lower

Thanks for the reply. I might be ok for a for a weeks to borrow my dads car and then see what happens.
What does it mean by "claim damages"? for me if I can just get all my money back I would be happy.

Is it clear that when rejecting a car you cannot drive it all or can you in case of emergency?

[des8]

Thanks for the reply. I might be ok for a for a weeks to borrow my dads car and then see what happens.
What does it mean by "claim damages"? for me if I can just get all my money back I would be happy.

Is it clear that when rejecting a car you cannot drive it all or can you in case of emergency?

Damages are losses that (in this case) flow from a breach of contract.
By supplying an unsatisfactory vehicle the dealer has breached your contract with him.
As it was financed the finance company can be held liable as well
Because the vehicle was unsatisfactory you have incurred further losses which may be classed as damages

When rejected it is better not to drive it as 1) it might appear not to be so unsatisfactory after all! and 2) you might have an accident and damage will only make things more complicated.
In a REAL emergency (life and death) one uses whatever means are available

[zed007]

Damages are losses that (in this case) flow from a breach of contract.
By supplying an unsatisfactory vehicle the dealer has breached your contract with him.
As it was financed the finance company can be held liable as well
Because the vehicle was unsatisfactory you have incurred further losses which may be classed as damages

When rejected it is better not to drive it as 1) it might appear not to be so unsatisfactory after all! and 2) you might have an accident and damage will only make things more complicated.
In a REAL emergency (life and death) one uses whatever means are available

Thanks for your response I really appreciate it.

Sorry another question..
The rejection letter I sent was about 6 days ago and I mentioned I would like to receive my payment within 14 days,

Their response was

"Thank you for your recent correspondence. We are sorry that you have had cause to contact us in these circumstances. We do take all customer feedback very seriously and are fully committed to ensuring a resolution is achieved as soon as possible. We have eight weeks from the day you first made contact with us to provide you with a final response. We hope to come to a resolution as quickly as possible."

Do I contact them close to 14 days or just wait as they said they have 8 weeks for a final response?


Thanks
Zed

[des8]

Eight weeks is their time scale but there is little in practice you can do to speed them up, except write and explain delays only increase your losses which you may include in a claim for damages

[zed007]

Eight weeks is their time scale but there is little in practice you can do to speed them up, except write and explain delays only increase your losses which you may include in a claim for damages

Hi, thanks for the reply.
Yeah that sounds good, I've sent them an email explaining delays will increase my losses and I may include a claim for damages.

Something tells me this isn't going to be an easy ride!

[zed007]

I tried ringing BMW Finance today but that phone number on the letter is disconnected and does not work. I've not had any response since the one I mentioned above a while ago and I just wanted an update whether they have even contacted the dealer. I emailed them and asked if they can give an update
Do I hire a car and ask BMW to pay for it? do I buy a short term car?
What if BMW Finance drag this for 8 weeks and then reject my claim?
I seem quite lost and not sure what to do

[des8]

If the Finance company reject the claim, you then have the opportunity of accepting the position or initiating a court claim.
Possibly they will offer a compromise, e.g a repair or a price reduction.

If you intend pursuing them for your damages, then you should mitigate your losses.
Borrow a car from a friend or family member? use public transport if feasible (keep fare receipts? purchase an old car with a view to reselling it?
Your choice I'm afraid

[zed007]

If the Finance company reject the claim, you then have the opportunity of accepting the position or initiating a court claim.
Possibly they will offer a compromise, e.g a repair or a price reduction.

If you intend pursuing them for your damages, then you should mitigate your losses.
Borrow a car from a friend or family member? use public transport if feasible (keep fare receipts? purchase an old car with a view to reselling it?
Your choice I'm afraid

Thanks for the info. I sent them an email on the 31st last week as mentioned above but still no reply. Absolutely no idea what they are doing as its been 2 weeks already. I'll have to play the waiting game unfortunately.

Just doesn't make any sense for me to buy an old car and sell it later. I've borrowed a car for now

Thanks
Zed

[des8]

I wouldn't wait any longer.
Write or email them, refer to your email of 21 Oct and tell them the eight week delay claimed by them is unacceptable to you and that if you don't have a resolution within the next seven days you will be initiating a court claim
Head it "Letter Before Action".

[zed007]

I wouldn't wait any longer.
Write or email them, refer to your email of 21 Oct and tell them the eight week delay claimed by them is unacceptable to you and that if you don't have a resolution within the next seven days you will be initiating a court claim
Head it "Letter Before Action".

I will be emailing them back with the heading "Letter Before Action". Does the following sound ok or should I just keep it short and sweet with the 8 weeks unacceptable and I will be initiating a court claim if you dont have a resolution within the next seven days?

Dear Sir/Madam,

In relation to the email I sent on 21/10/2023. I made it clear that I was rejecting my BMW...... I received a response on 23/10/2023 and you mentioned that "We have eight weeks from the day you first made contact with us to provide you with a final response". This is unaceptable and I mentioned on 30/10/2023 that delaying in getting this resolved is increasing my losses and I may include damages.

If you don't have a resolution within the next seven days I will be initiating a court claim.

[des8]

I will be emailing them back with the heading "Letter Before Action". Does the following sound ok or should I just keep it short and sweet with the 8 weeks unacceptable and I will be initiating a court claim if you dont have a resolution within the next seven days?

Dear Sir/Madam,

In relation to the email I sent on 21/10/2023. I made it clear that I was rejecting my BMW...... I received a response on 23/10/2023 and you mentioned that "We have eight weeks from the day you first made contact with us to provide you with a final response". This is unacceptable to me and I mentioned on 30/10/2023 that delaying in getting this resolved is increasing my losses and I may include damages.

If you don't have a resolution within the next seven days I may initiate court action without further reference to you..

Suggested amendments in red....with luck it will concentrate their minds, but don't expect miracles!

[zed007]

Ok thanks, that makes sense

[zed007]

Suggested amendments in red....with luck it will concentrate their minds, but don't expect miracles!

Hi DES8, I sent the above email few days ago on the 6th but still nothing.no response. This is really stressing me out and the the actual rejection letter that I sent last month I mentioned the car unlocking by itself as one of the issues and that was giving me anxiety as several times during the nights I would go and check whether the car was locked or not. We haven't touched the car for a while now its just parked outside and we noticed the car was unlocked!
I do not want to be liable if anything happens to the car. I still have car insurance, should I cancel the insurance or just keep it running?

Absolutely disgusted with BMW Finance! I have sent at least 4 emails and they sent only 1, which was to acknowledge receiving my rejection email.

What is the process of court action and should I start this?

Thanks