Rejecting BMW within 30 days, what now?

[des8]

Keep the insurance in force.
If anything untoward happens to the car whilst in your possession, it will be one less matter to worry about!

As the seven days is not yet up, await awhile.
In the meantime start drafting your claim and quantifying your losses.

If court procedures are new to you I commend your attention to ;
https://www.judiciary.uk/wp-content/...+web+FINAL.pdf
https://www.judiciary.uk/wp-content/..._in_Person.pdf

[zed007]

Keep the insurance in force.
If anything untoward happens to the car whilst in your possession, it will be one less matter to worry about!

As the seven days is not yet up, await awhile.
In the meantime start drafting your claim and quantifying your losses.

If court procedures are new to you I commend your attention to ;
https://www.judiciary.uk/wp-content/...+web+FINAL.pdf
https://www.judiciary.uk/wp-content/..._in_Person.pdf

Really appreciate it, thanks, will have a read

[zed007]

Keep the insurance in force.
If anything untoward happens to the car whilst in your possession, it will be one less matter to worry about!

As the seven days is not yet up, await awhile.
In the meantime start drafting your claim and quantifying your losses.

If court procedures are new to you I commend your attention to ;
https://www.judiciary.uk/wp-content/...+web+FINAL.pdf
https://www.judiciary.uk/wp-content/..._in_Person.pdf

Managed to speak to someone today, there excuse for not providing an update was "we are very busy". She said there's a lot of case notes so will take a while to read but most likely you will have to drop your car off to the local dealership so they can diagnose but she said we will confirm .

Just a short while ago I got a call from the dealership where I purchased the car from, he told me to drop the car off to the local dealership so they can find out what's wrong with the car. I did tell him the car isn't roadworthy as it has cut out a few times but he said get the roadside assistance to pick up the car and drop it off to the dealership. I did say to him I wasn't expecting to speak to anyone apart from BMW Finance so I will confirm with them.

It's absolutely shocking though it's taken nearly 3 weeks and today's phone to BMW Finance for them to start moving.
I thought my main contact is BMW Finance but they've contacted the BMW dealership and told them to contact the customer and that's what happened.
Couple of questions though, I am very reluctant in driving the car
Should I get BMW roadside to collect and drop off the car to the local dealership or do it myself?
I have no idea how long my car will be there. The issues I had with the car where all intermittent but dangerous I would say (cutting out and unlocking). Do I just leave the car with them (the local BMW not where I purchased the car from)

Should I ask for a replacement vehicle?
What if they don't see any error codes, where do I stand?

Another thing BMW Finance told me was you should have contacted the BMW dealership within 30 if you were rejecting the car or had a complaint. I said was it not sufficient contacting BMW Finance within 30 days but she said it slows things down

Sorry for the lengthy message.

Zed

[des8]

Firstly as the car is owned by BMW Finance, it is with them you deal and you were correct in contacting them rather than the dealership.

Secondly as you have rejected the car, all you have to do is make it available for collection by them, unless you have agreed to return it.
If you have agreed to return it then they must pay reasonable costs unless you are returning it to the place where you originally took delivery.
(CRA 2015 sec 20 (7) & (8)

Ask BMW Finance to arrange pick up. or confirm where they want it delivered and that they will meet your costs
OR, Iif you are not happy to drive it, them tell them to arrange BMW Roadside to collect

You have rejected the vehicle.
There is also the right to have the vehicle repaired OR replaced, but you have chosen to reject.
BMW finance might entertain a change of mind

If they cannot find anything wrong with the vehicle they will not accept your rejection.
In which case you either continue driving the car, or you have the vehicle examined by an independent engineer.
Then your course of action will depend on his findings.

[zed007]

Firstly as the car is owned by BMW Finance, it is with them you deal and you were correct in contacting them rather than the dealership.

Secondly as you have rejected the car, all you have to do is make it available for collection by them, unless you have agreed to return it.
If you have agreed to return it then they must pay reasonable costs unless you are returning it to the place where you originally took delivery.
(CRA 2015 sec 20 (7) & (8)

Ask BMW Finance to arrange pick up. or confirm where they want it delivered and that they will meet your costs
OR, Iif you are not happy to drive it, them tell them to arrange BMW Roadside to collect

You have rejected the vehicle.
There is also the right to have the vehicle repaired OR replaced, but you have chosen to reject.
BMW finance might entertain a change of mind

If they cannot find anything wrong with the vehicle they will not accept your rejection.
In which case you either continue driving the car, or you have the vehicle examined by an independent engineer.
Then your course of action will depend on his findings.

Just spoke to someone else (BMW Finance) on the call and they said its your responsibility to drop the car off to the local dealership and book it in with them to check the car out. They said they will not organise anything i.e. roadside recovery. If you don't have it then get a quote and we will review it.
I guess I'll have to do some running around.

Not the most friendliest people to talk to. She said to me something along the lines of "you have to let the dealership fix the problem as it was over 30 days but less than 6 months). She said your agreement started 20/09/2023 and you emailed us on 21/10/2023. I said I collected the car on 23/09/2023 she said she will get that confirmed with the retailer but obviously you need to let the dealership have a look at the car
I have no idea why she bought that point up

[des8]

Do not speak with the finance house.. keep everything in writing or email

BMW finance are incorrect regarding the collection of a rejected vehicle (see the CRA 2015 sec 20 (7) & (8) https://www.legislation.gov.uk/ukpga/2015/15/section/20)

It is advantageous for the trader if the car is rejected after the first thirty days.
As you know the thirty days starts the day you took delivery of the vehicle, so if the vehicle is unsatisfactory (and that is for you to prove) and you reject it within the thirty days you are entitled to the return of all you have paid.
If you reject it after the thirty days it is deemed that the vehicle was unsatisfactory when delivered, they then have the right to either repair or replace the vehicle. They can also make a deduction for the usage you have had of the vehicle.

You should email/write telling them the vehicle is available for collection in accordance with CRA2015 (as above), and remind them that in accordance with sec 20 (15)A refund under this section must be given without undue delay .....
By not collecting the car you could suggest they are in breach of their statutory duty.

[zed007]

Do not speak with the finance house.. keep everything in writing or email

BMW finance are incorrect regarding the collection of a rejected vehicle (see the CRA 2015 sec 20 (7) & (8) https://www.legislation.gov.uk/ukpga/2015/15/section/20)

It is advantageous for the trader if the car is rejected after the first thirty days.
As you know the thirty days starts the day you took delivery of the vehicle, so if the vehicle is unsatisfactory (and that is for you to prove) and you reject it within the thirty days you are entitled to the return of all you have paid.
If you reject it after the thirty days it is deemed that the vehicle was unsatisfactory when delivered, they then have the right to either repair or replace the vehicle. They can also make a deduction for the usage you have had of the vehicle.

You should email/write telling them the vehicle is available for collection in accordance with CRA2015 (as above), and remind them that in accordance with sec 20 (15)A refund under this section must be given without undue delay .....
By not collecting the car you could suggest they are in breach of their statutory duty.

Going to give this a try but it does seem it will get messy. I just have a feeling they won't move forward on this and if the car does end up in the garage they won't find any fault codes for my issues. I don't remember seeing any errors on the screen but can't fully remember its been a while.

[des8]

If they do not accept your rejection you then have to decide if it is worth initiating a court claim, or keeping the car.

If you go down the legal route you will need to prove the vehicle was unsatisfactory when delivered.
An independent engineer's report might be required.

If you keep the vehicle and the problems resurface, you could then exercise your final right to reject (or some other remedy)
In this case the trader, if he disputes your claim, will have to prove the problems did not exist when vehicle was delivered.
However he does then have the right to attempt one repair.

[zed007]

If they do not accept your rejection you then have to decide if it is worth initiating a court claim, or keeping the car.

If you go down the legal route you will need to prove the vehicle was unsatisfactory when delivered.
An independent engineer's report might be required.

If you keep the vehicle and the problems resurface, you could then exercise your final right to reject (or some other remedy)
In this case the trader, if he disputes your claim, will have to prove the problems did not exist when vehicle was delivered.
However he does then have the right to attempt one repair.

Thanks for the info. It's been really helpful. This all has been too much for me and my wife. Not having the car for work and school runs has been difficult. I borrowed a car for a couple of weeks but its still been difficult. Since my first email to BMW Finance on 21/09/2023 I had only received 1 email from the and that was on 23/09/2023 acknowledging they received my email so I've completely lost faith in them collecting my car.

I rang up my local dealership and they said you need to speak to roadside assistance. A chap came earlier and did some diagnostics. He couldn't find any fault codes regarding the engine but found something to do with parking sensor. They want me to take the car in and they'll give me a hire car for a couple of days.

Going to drop it off shortly but absolutely shocking from BMW finance.

I will remind them again to NOT fix any issues even the parking sensor one