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hello i purchased a BMW 2008 318 auto from a small car dealer thats parts of the AA dealer promise. The car went wrong from collection. See below written to dealer but reports confirm car needs a timing chain, nox sensor, map sensor and fuel pressure sensor.
The car was paid for on the 11 January 2020. Collected and in my possession on 18 January 2020 due to dealer stating that two tyres were being fitted at your local garage to the car with the first sign of issue evident on collection on 18 January 2020 with excessive smoke from the exhaust which you were informed of at the time via phone and stated that its just 'old oil burning off but to keep an eye on it over a week or so' and then with the Engine Management Light appearing on the third day of driving the vehicle, 21 January 2020. The car then went back to dealer to check/repair on 24th January 2020 as you believed the oil may still be leaking off an old repair until it was ready for collection where you had said an oil service had been done but the car is not smoking and driving ‘perfectly, no issues’. You also had a head gasket check done.
Car was picked up on 1st February 2020. On 2nd February 2020 the car's Engine Management Light came back on and then off after turning the car off after a 5 minute drive. On 3rd February 2020 the Engine Management Light came back on along with excessive smoke and loud noises coming from the engine. AA attended a breakdown call out repair at 6.38pm on 3rd February 2020 based on this and deemed the car with the faults listed above via diagnostic and recommended to not drive the vehicle anymore (recommended to not drive, tow to garage). On 4th February 2020 I requested if you would take a return on the car via phone and you refused this as you stated you do not agree with AA’s breakdown report and then said you would be happy to either take it to another garage of your choice or for me to take it to a local garage I trust which was XXXX for inspection and a quote.
Car was taken to XXXX on 6th February 2020 and they have confirmed AA's findings and have quoted the repairs enclosed and also emailed a copy to you as you discussed with them on 6 February 2020 via phone.
The Consumer Rights Act 2015 makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality.*However, the vehicle is clearly in breach of this and is not roadworthy and you are therefore in breach of contract. The car was sold to me in breach of contract. I am legally entitled to reject the car XXXXX and to be reimbursed the original purchase price of £XXXXXwhich I have already stated to you via a Whatsapp message on 7th February 2020.
Dealer is refusing to accept rejection and that the car cannot be driven he is refusing to believe AA's report and the other independant local garages report and is only willing to repair the car but based on his own diagnostic of faults as he believes it only needs a sensor not a timing chain etc. believes the car is fine to drive. what do i do? says will not take the car return as minor repair but a timing chain if breaks can ruin the engine AA advised also not to drive the car so what do i do?
i can take it to bmw to diagnose but AA have told me that their report is sufficient evidence. also have photos videos etc of issues i.e management light coming on, loud cranking from engine, tons of white smoke from exhaust.
The car was paid for on the 11 January 2020. Collected and in my possession on 18 January 2020 due to dealer stating that two tyres were being fitted at your local garage to the car with the first sign of issue evident on collection on 18 January 2020 with excessive smoke from the exhaust which you were informed of at the time via phone and stated that its just 'old oil burning off but to keep an eye on it over a week or so' and then with the Engine Management Light appearing on the third day of driving the vehicle, 21 January 2020. The car then went back to dealer to check/repair on 24th January 2020 as you believed the oil may still be leaking off an old repair until it was ready for collection where you had said an oil service had been done but the car is not smoking and driving ‘perfectly, no issues’. You also had a head gasket check done.
Car was picked up on 1st February 2020. On 2nd February 2020 the car's Engine Management Light came back on and then off after turning the car off after a 5 minute drive. On 3rd February 2020 the Engine Management Light came back on along with excessive smoke and loud noises coming from the engine. AA attended a breakdown call out repair at 6.38pm on 3rd February 2020 based on this and deemed the car with the faults listed above via diagnostic and recommended to not drive the vehicle anymore (recommended to not drive, tow to garage). On 4th February 2020 I requested if you would take a return on the car via phone and you refused this as you stated you do not agree with AA’s breakdown report and then said you would be happy to either take it to another garage of your choice or for me to take it to a local garage I trust which was XXXX for inspection and a quote.
Car was taken to XXXX on 6th February 2020 and they have confirmed AA's findings and have quoted the repairs enclosed and also emailed a copy to you as you discussed with them on 6 February 2020 via phone.
The Consumer Rights Act 2015 makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality.*However, the vehicle is clearly in breach of this and is not roadworthy and you are therefore in breach of contract. The car was sold to me in breach of contract. I am legally entitled to reject the car XXXXX and to be reimbursed the original purchase price of £XXXXXwhich I have already stated to you via a Whatsapp message on 7th February 2020.
Dealer is refusing to accept rejection and that the car cannot be driven he is refusing to believe AA's report and the other independant local garages report and is only willing to repair the car but based on his own diagnostic of faults as he believes it only needs a sensor not a timing chain etc. believes the car is fine to drive. what do i do? says will not take the car return as minor repair but a timing chain if breaks can ruin the engine AA advised also not to drive the car so what do i do?
i can take it to bmw to diagnose but AA have told me that their report is sufficient evidence. also have photos videos etc of issues i.e management light coming on, loud cranking from engine, tons of white smoke from exhaust.
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