BMW PCP dispute

[Britannia312]

Hi,

This is my first time on the forum and I am looking for some help. My father purchased a BMW in Nov 18, putting down an £8,000 deposit with the balance on a PCP agreement. Within a couple of weeks a fault developed on the car which BMW tried to fix. Having been given the car back the fault reoccurred which involved the rear wheels locking whilst the car was being driven. BMW again tried to fix the car declaring that it was fixed again only for the fault to reoccur. BMW then took the car back again to try and fix ensuring that my father had a courtesy car albeit not to the same spec. BMW then drove the car for 700 miles before the fault reoccurred again, which they fixed. To be sure it was fixed BMW retained the car to test further only for the fault to occur again. At this point my father stated that he had no confidence in the vehicle and wanted to change it. Whilst this was going on my father was feeling unwell and undergoing tests at the hospital.

At the end of February BMW finally agreed to change the car over and transfer the £8,000 deposit over to a new vehicle. Due to the issues experienced BMW contributed an additional £2000 to ensure the monthly payments remained the same. Having picked the car up my father drove it home and parked it on the drive. He was then admitted to hospital on the 15th March and sadly died on the 15th April. The car remains on the drive with 95 miles on the clock. The cost of the car was £35,000 and BMW have offered me £25,000 to take it back. I feel this is grossly unfair and have asked BMW to take the car back and refund some or all of the £8,000 due to the circumstances. My argument is that my father did not receive the product he paid for in November, and due to his illness in March was not in a position to cancel the agreement.

BMW have been firm that my only options are to either keep the vehicle and continue the monthly payments, return the car with a £8,000 loss or try to sell the car privately which will be difficult with finance outstanding on it.

If anyone has any suggestions they would be gratefully received.

Thanks




James

[R0b]

If you father didn't receive the product he paid for then he should have terminated the agreement and claimed the car was not of satisfactory quality, fit for purpose etc. Instead, he seems to have accepted a new car and an additional £2,000 contribution from BMW to maintain the same payments.

You can't then try to argue that because your father has passed away that you are entitled to a return of the £8,000 because the car wasn't as expected in November. the reality is that by accepting a new car and the contribution, that would be viewed as resolving your father's dispute.

Can you explain why they are offering £25,000 to take the car back, the car is on hire purchase so they own the vehicle.

[Britannia312]

They have said that is what they would offer for the car which would mean the outstanding finance is cleared. It just seems so unfair that a car that was worth £35,000 a month ago is only now worth £25,000 meaning all of the £8000 deposit paid is lost.

[R0b]

However unfair that may be, that's just the way the cookie crumbles. I can't think of anything else other than selling the car, have you tried a dealership to see what they would offer? if it's more than the £25,000 you could ask them to make a direct payment to BMW and then you pocket the rest.