Rejecting a car as not fit for purpose

In August 2012 I bought a 2008 BMW 330i from my local main dealer. The car appeared to be in superb condition with around 15,000 miles on the clock. However, from day one, the car has suffered from the same problems ie strange knocking noise from the engine, misfire and coolant loss. It was also apparent that the car had not undergone any pre delivery checks eg type pressures varied wildly, the coolant was half a litre below the minimum level and a brake fluid change was due in 9 days time!

I returned the car to the dealer at the first available opportunity. They subsequently had the car back a further four times in the first 3 months. Mostly under warranty, they replaced various parts, in some cases twice, but each time the problems recurred very shortly thereafter.

In addition, it has become apparent that, at some point, the car has been involved in a significant side impact. Also the dealer has been unable to categorically verify the mileage. They say this is not unusual.

Following a number of exchanges with the dealer and BMW customer services, various options were offered to me by way of recompense for inconvenience, which essentially involved me paying more money out, so I didn’t take them up on these.

As the problems persisted, I finally emailed the dealer in December saying that in my opinion the car was clearly unrepairable and consequently, I was rejecting it as not fit for purpose. At that point, just a few days before Christmas and after further discussion, it was informally agreed that I use the car in the interim whilst I considered a couple of options the dealer offered. A refund was not one of them.

However, the day after our last conversation and on the way to the funeral of a dear family friend the car stopped dead in a very dangerous position whilst joining a fast dual carriageway. The weather was atrocious and it was a miracle no one was injured or killed. The service I received from BMW Emergency Services was frankly awful. However, eventually they took the car to a local main dealer for repair and provided me with a replacement, a Volvo XC70. The whole process took many hours and regrettably we missed the funeral.

Around one week later, BMW delivered my car back. Apparently, the fuel pump had been replaced. An hour or so afterwards I noticed that my drive and the road outside my home were covered with petrol. As it was clearly a very dangerous situation I immediately telephoned BMW Emergency Services and the car was returned to the supplying dealer. I made it clear that I was rejecting the car once and for all.

The sales manager at my local dealership returned from holiday around a week later, kindly offering to provide me with a loan car and to find me a replacement for mine. He had previously suggested that I would be offered a good deal whereby the dealer made no profit on the sale of the replacement car. Alternatively, I could have a refund but with a deduction of 50p per mile plus VAT for the mileage I have covered in it. This is around 2,500 miles, a proportion of which has been returning the car for repairs and test runs. I agreed to let him find a replacement.

The dealer has, within the last few days, offered me two cars. It seems they are either allowing me a price for my old car less the mileage charge and a very small discount on the replacement or allowing the full price paid for the old car and charging full price on the replacement. Again I would need to pay more money out.

I feel a little hard done to as I have wasted around 5 days of my time with visits to the dealer, emails and telephone calls. To be charged so much for mileage in a car that has needed constant repair throughout my short ownership, proved to be unreliable and, on two occasions extremely dangerous, seems somewhat unfair. I walked into the showroom with over £14,000 to spend and could walk out with closer to £12,000 to spend on a replacement, through no fault of my own,

I have been loyal BMW customer for almost 25 years and a number of friends and acquaintances who have bought from this dealer in the past intend to buy again, in one case, within the next few months. However, the dealer doesn’t seem interested that they will almost certainly go to another dealer if what I consider to be a fair and reasonable solution cannot be found.

In addition, BMW customer services have been of little help and, in one instance were extremely rude to me.

I would stress that all my exchanges with the dealer have been extremely polite and I have been patient, giving them chance to repair, replace or offer a full or significantly better refund. I just hope they don’t try to charge for the use of the loan car!

Asked on 19 January 2013 by MW

Answered by Honest John
Law here: www.honestjohn.co.uk/faq/consumer-rights/ But, despite the Supreme Court ruling in Clegg, if the dealer fights and the case goes to the County Court it could cost you £15k in court and legal fees with no guarantee of a favourable outcome. So you are over a barrel to accept the dealer proposal.
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