hi all. Just joined and hoping for some genuine advice as I’m at a loss where to go next. It’s regarding a used car from a dealer. If someone could tell me best place to post then I will post the full long boring story in the hope of help lol.
Used car possible small claims advice.
Collapse
Loading...
X
-
So here goes (again).
I purchased a used car on 18/04/19 from a dealer. I paid £13000 mostly on finance and it was a 2011 bmw. When I got to the garage after a 6 hour train journey it wasn’t quite as described as the body work was not great and a rear light was broken. The money had already been paid so stupidly I signed and took it anyway.
After the test drive the battery went flat so they fitted another one ( not the correct one for the car) and I left. Anyway
the next day I checked the paperwork and found the full service history it was advertised with was a lie and it hadn’t been serviced in 2 years, so that day I had it serviced, bought a new battery and a new back light at a cost of £400 in total.
All was then good for 3 weeks when my mrs had a blow out. Took it to a garage for repair to find out both back tyres are cracked and not fit for purpose, but also none of them are run flats as advertised and as is standard equipment on this car. I had to buy 4 new tyres at a cost of £860. Expensive learning curve but thought ok I should of checked and left it at that.
Then, on day 69 of ownership I heard a rattling from the engine.
Only on start up and no warning lights but something not quite right. I took it to the closest garage to my house and they advised the timing chain was damaged and not to drive it as would cause more damage. They quoted £2000 for the work needed.
I called the warranty company ( gold cover with timing chain cover) and the dealer. First they asked me to send a video of the engine, which I done. I then emailed them to say if the warranty company pay the first £1000 ( individual claim limit) I would go half’s on the remaining £1000. They rang me and said if I pay £150 for an independent inspection they will reimburse me and pay for the repair if it is in fact broken. ............I agreed and paid the £150.
The report came back and confirmed the timing chain is badly worn but it wouldn’t of been at point of sale and that I should of noticed sooner ( no engine lights and drove fine) so my fault.
The dealer and warranty company won’t help and want nothing to do with it.
I contacted the finance company who also say nothing they can do as the report says the fault would not of been present at time of purchase (69 days ago).
I contacted BMW who say the chain is a lifetime part.
The warranty company are saying it’s wear and tear and I’m only covered for premature failure.
Surely as it’s a lifetime part any failure would be premature in the eyes of the law. I have now had to pay a garage over £2000 to have it fixed ( it’s still at the garage ) as I’m without a car for 3 weeks now and can’t afford to keep renting one.
So to sum up I payed £13000 for the car and within 3 months I have forked out nearly £4000 and still going up. The dealer actually called me today and offered a good will gesture of a couple of hundred pound that I have refused. So should I try small claims court or am I wasting my time and more money I don’t have ?
Thanks in advance for any help.Last edited by Lucasboat; 31st July 2019, 19:39:PM.
Comment
-
OMG!
You had the right to reject the vehicle .
The dealer, if he was to dispute the matter, would need to prove the fault was not present at the time of sale.
You allowed the dealer to point you to an "independent?" engineer who claims wear & tear came on suddenly.
You actually paid to demolish your rights.
You now need to obtain a proper independent report from a respected proper independent engineer (https://www.dekra-automotive.co.uk/)
Stop your current garage working on the car, and get them to save any bits they have already removed.
You may then be able to enforce your rights
Comment
-
Originally posted by des8 View PostOMG!
You had the right to reject the vehicle .
The dealer, if he was to dispute the matter, would need to prove the fault was not present at the time of sale.
You allowed the dealer to point you to an "independent?" engineer who claims wear & tear came on suddenly.
You actually paid to demolish your rights.
You now need to obtain a proper independent report from a respected proper independent engineer (https://www.dekra-automotive.co.uk/)
Stop your current garage working on the car, and get them to save any bits they have already removed.
You may then be able to enforce your rights
I cant afford to be without the car any longer so had to have it fixed. This has been going on for a month now.
Comment
-
Are the garage prepared to give a witness statement about the state of the engine and the impossibility of it deteriorating that amount during the period of your possession.
You will need to build your evidence and then perhaps the best option will be to try and obtain a price reduction from the dealer which covers your costs.
This will be a cheaper option for them than fighting a court case
Comment
View our Terms and Conditions
LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.
If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.
If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
Announcement
Collapse
No announcement yet.
Court Claim ?
Guides and LettersSHORTCUTS
Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
Loading...
Loading...
Comment