[k44ENT]

So after spending the last 12 weeks rejecting may car at the advise of the dealer due to numerous build quality issues including a new steering rack at less than 1000 miles I get a call today from the dealer to update me. Bearing in mind I had a call from them two weeks ago (see thread here http://f30.bimmerpost.com/forums/sho....php?t=1125330 ) to choose a replacement vehicle after being offered the option of handing the car back at no cost to me. I chose to be loyal to BMW and accept a replacement vehicle. My wife and kids sat with me in the dealer and we chose a new car together, a 335i F31, we all left the dealer excited.
Anyway the call today went along the lines of a confirmation that the car rejection has been accepted (I knew that a few weeks ago) but to get into a new vehicle I would have to now contribute over £4000 and re-start my finance that I am already 6 months into, WTF!! I should however be grateful as BMW are going to wave the usage fee of near on £1 per mile and clear my finance. I reminded them that I am only 6 months in because they have taken so long deliberating over the finances as the faults were reported and the reject accepted in principal months ago. I then asked about the option offered previously to hand the car back at no cost to me to be told that I would then be charged the usage fee of near on £1 per mile so that would mean over £3000 to hand it back. My wife and I have bought both our current cars from this dealer but clearly that stands for nothing. To say i'm disappointed in BMW UK and the dealer is an understatement. The only advise offered was to ring BMW UK to see if I could negotiate a better offer. I'll have a final try next Tuesday but I doubt they will budge.

[F30AM]

That is awful. Real buggers. So sorry to hear this.
What were the build quality problems, please?

[k44ENT]

Originally Posted by F30AM

That is awful. Real buggers. So sorry to hear this.
What were the build quality problems, please?

It had to have a new steering rack at around a 1000 miles although it became faulty in the first few weeks. The steering now feels strange. The dash board had to be stripped to try and get rid of the numerous creaks including the steering wheel plastics (it still creak but not as bad) . The drivers door had to be adjusted to eliminate wind noise, it now doesn't fit properly at the top. The rear side window lower trim came loose but could not be fixed without removing the rear side window which the dealer was not confident to do. The steering has a buzzing sensation at low revs, driving in sport mode gets rid of this. a resolution was never found.

[Alkidrew]

Mare. It's easy for me to say, but you shouldn't have to pay this fee.

The finance is just a Method of payment and if the car is rejected then the whole deal is rejected. Stand your ground and tell them you will see recompense through the small claims court if they charge you.

It will cost you £70 or so to take them to court, you don't pay any of their fees. It's designed for the 'little man' to get payback.

[....,,,,..,,..]

Originally Posted by Alkidrew

Mare. It's easy for me to say, but you shouldn't have to pay this fee.

The finance is just a Method of payment and if the car is rejected then the whole deal is rejected. Stand your ground and tell them you will see recompense through the small claims court if they charge you.

It will cost you £70 or so to take them to court, you don't pay any of their fees. It's designed for the 'little man' to get payback.

You seriously need to be looking at this, Citizen Advice etc.

What they are doing is not rejecting a car, it's just selling you a new car.

Shocking really.

[deebee]

Thats absolute toilet customer care

[Kal101]

Remember reading the thread posted earlier and thinking at least they are looking after you but now at what cost !!!!

Suggest you get legal advice as to where you stand but you may find they are in their legal right to deduct for useage but the question is is it morally and ethically right bearing in mind your hassle and disappointment etc etc

Might be an idea to contact someone like Autoexpress/ Watchdog as quite often public embarrassment and loss of face can often get the big boys to reconsider their stance.

Good luck and hope you get it sorted

[k44ENT]

Thanks for all the advice. I'd say what they are doing is well within the law as said but morally it's rubbish. I really think the dealer is the weak link here. I'll see how things go on Tuesday then I'll write to Autoexpress. The dealer actually mentioned the option of a small claims court but advised me against it as i'd probably be asked to pay usage fee. They see it as BMW UK's problem and are almost keeping out of it. I was promised the earth by the sales guy and given two fingers instead.

[HighlandPete]

So did the original deal to reject the car include an upgrade to a 335i AND wave the six months use? If so, that would have been a very good settlement. Depending on what the upgrade price is, I do wonder if a dealer would offer both.

What's the monetary value of the change, and is it realistic against the rejection? IMO, only the OP can really answer that.

HighlandPete

[k44ENT]

Originally Posted by HighlandPete

So did the original deal to reject the car include an upgrade to a 335i AND wave the six months use? If so, that would have been a very good settlement. Depending on what the upgrade price is, I do wonder if a dealer would offer both.

What's the monetary value of the change, and is it realistic against the rejection? IMO, only the OP can really answer that.

HighlandPete

I understood that i should not make a profit or be out of pocket but put back into a position had the car not been faulty. So when a rejection was first discussed the car had done 1000 miles and was a few months old. The options discussed were to reject the car and walk away from the deal, remember I had already paid a deposit and my monthly's so whilst attractive still a costly but fair option. Option 2 was to take the faulty car back and substitute a new car into the finance deal so I would gain a few months tax and a slightly newer but identical car. Option 3 was as option 2 but a slightly more expensive car which would alter the remaining monthly payments to cover this cost. Remember I also have out of pocket costs, numerous visits to the dealer (100 mile round trip), numerous phone calls not to mention the stress etc. What upsets me the most is the promise of something to then be told no.
Either a car is faulty and rejected or not, I fail to understand how a customer can be financially penalised for being supplied a faulty new vehicle?

[Matt01]

The finance co is also involved here too... The consumer credit act makes both the dealer (as the seller) and the finance company both liable for this.

You are also afforded rights under the sale of goods act, fit for purpose, sound quality etc.

Search 'honest john' on google and there is loads of advice, letters etc...

As for small claims court, this would be a great move, they won't (BMW UK and the dealer) will not let anything get to court for the risk of setting a precedent...

Edit- it's chuffing shocking it's got to this... Really feel for you!

[Andy30D]

Oh my god mate

You have a good solicitors? I would be going to court.

[DanDM]

Shockingly bad.
Strongly suggest you seek some advice from;
www.smallclaimsassistance.co.uk

I'm a lawyer. Dean Talbot who runs this company is a former partner of mine but has set up SCA just for this situation, ie consumer disputes where you're battling the big boys. Tell him Dan sent you.

[BimmerD]

I can feel your pain. One thing I dont understand, if the car has been deemed faulty then why would we pay the usage fee. I would talk to watchdog or autoexpress.

Good luck and keep us informed.

Saurabh

[k44ENT]

Thanks again everyone for all the advice. I've just had a think about this and as the car is deemed faulty and rejected then am I not entitled to the invoice value of the vehicle back? Would I then not be responsible for settling any finance on the vehicle ? The difference between the two figures would cover and usage fee (in my case) so I should be able to walk away from this deal?

[Andy30D]

Originally Posted by DanDM

Shockingly bad.
Strongly suggest you seek some advice from;
www.smallclaimsassistance.co.uk

I'm a lawyer. Dean Talbot who runs this company is a former partner of mine but has set up SCA just for this situation, ie consumer disputes where you're battling the big boys. Tell him Dan sent you.

This is brilliant well done mate

OP...follow this mans advice.

[k44ENT]

Originally Posted by DanDM

Shockingly bad.
Strongly suggest you seek some advice from;
www.smallclaimsassistance.co.uk

I'm a lawyer. Dean Talbot who runs this company is a former partner of mine but has set up SCA just for this situation, ie consumer disputes where you're battling the big boys. Tell him Dan sent you.

Originally Posted by Andy30D

This is brilliant well done mate

OP...follow this mans advice.

Thanks both, I certainly will. As said one more chance on Tuesday for BMW and the dealer to do the right thing

[HighlandPete]

Originally Posted by k44ENT

Thanks again everyone for all the advice. I've just had a think about this and as the car is deemed faulty and rejected then am I not entitled to the invoice value of the vehicle back? Would I then not be responsible for settling any finance on the vehicle ? The difference between the two figures would cover and usage fee (in my case) so I should be able to walk away from this deal?

This is where you do need advice, as others have suggested.

I had a situation where a new VW Passat was faulty long term, over 2-years. It had 90 days in the garage in that time. It just went from one thing to another, I was very patient as my dealer was good and always put me in a decent/equivalent car while mine was in the garage. But in the end I had enough (obviously couldn't reject the car after that time) and pushed for VW support to move on. I got both VW and dealer support to take another new Passat.

We just worked at it until I got a deal I was happy with. What seems wrong here, they (dealer and/or BMW?) have promised without getting it fully sorted before you were happy with the figures.

HighlandPete

[k44ENT]

Originally Posted by HighlandPete

This is where you do need advice, as others have suggested.

I had a situation where a new VW Passat was faulty long term, over 2-years. It had 90 days in the garage in that time. It just went from one thing to another, I was very patient as my dealer was good and always put me in a decent/equivalent car while mine was in the garage. But in the end I had enough (obviously couldn't reject the car after that time) and pushed for VW support to move on. I got both VW and dealer support to take another new Passat.

We just worked at it until I got a deal I was happy with. What seems wrong here, they (dealer and/or BMW?) have promised without getting it fully sorted before you were happy with the figures.

HighlandPete

What figures? a like for like replacement should surely cost me nothing? why should I pay for BMW producing and selling a defective car? I was told the figures, zero cost to me!

[sygazelle]

Originally Posted by k44ENT

What figures? a like for like replacement should surely cost me nothing? why should I pay for BMW producing and selling a defective car? I was told the figures, zero cost to me!

Like for like? Didn't you move from a faulty 328 to a 335?

[Steven1077]

Maybe you could get another 328i for a lot less rather than a 335i? After all there is a fair price difference between the two from new, even if you have to pay £4k thats about the difference in price between them, still not a bad deal, but it would be better if you could get it a bit cheaper as you've already made 6 payments on a car you rejected, how much have you paid in those 6 months?

[k44ENT]

Originally Posted by sygazelle

Like for like? Didn't you move from a faulty 328 to a 335?

The offer is £4k up front regardless of the car. The price difference between the 328 and 335 are taken care of in the increased Monthly's and GTV. If be more than happy with a replacement 328i, it was the dealer that asked if I wanted to upgrade. They offered me the option of a 435i in the showroom but the Monthly's were £100 more.