faulty car sold, unhappy with repairs - pl461

I bought a second hand car with 27000mi 2007 plate that has found to have a serious engine problem after 6 weeks (knocking cylinders and carbon bulid). I asked for it to be repaired under warranty telling them of the problem (had OBD diag report) and it's almost certainly carbon build up.

They had it for 10 days at a BMW garage (his mates garage basically) and added engine cleaner in the fuel and changed the spark plugs and returned it with 160 miles extra on the clock. They said this had worked, there was no need to remove the gasket and there were no other problems.

I told them at the this wouldn't work on direct injection engines and I would get it independently tested. The tests have shown that the problem is not fixed and I now have video evidence of the carbon buildup.

I sent them a letter giving them 2 options: to do the repair, provide a coutesy car plus reimbursh the costs of diagnostics or let me select my own local garage and I'll fit the bill for the lease car. They have refused both and said they'll only do it at the independent BMW garage.

I don't know where to take it from here. Am i within my right to do it myself since they have already been given it a change to do it properly. I've also been told with that much carbon buildup that it's very likely there's valve damage. If there is I'm very certain their garage will not fix it properly. They say they'll 'reseat all valves and perform a decoke' in their letter.

Do I do it myself and take them to court? Woud i have a good enough case?

faulty car sold, unhappy with repairs - FP

"Am i within my right to do it myself...?" Not sure what you mean - is it that you want to get the job done at your choice of BMW (not independent) garage?

You say, "I'm very certain their garage will not fix it properly." I don't believe a court would assume that. My guess is that you need to give the dealer another opportunity to get it right, now you (and they) have the evidence that the car does in fact need a proper decoke. I'm not sure a court would look favourably on the rest of your wish-list - it is a six-year-old car with (I assume you mean) 270,000 miles on the clock. (Or do you really mean 27000? If the latter, I do not understand why it needs a decoke.)

Re-imburse the cost of diagnostics? Not sure about that. Courtesy car - maybe.

Others more learned than me may be better placed to comment.

faulty car sold, unhappy with repairs - pl461

I mean select my own garage for repair. And yes it's 27,000 miles and it's very common on these types of cars around this mileage. They are the first generation direct injection engines. The car should never have been sold in this condition.

Citizens advce states you are untiled to compensation when:

-you accept a repair which turns out to be unsatisfactory.
-you have incurred additional expenses because of the dealer’s breach of contract, for example, having to make telephone calls or pay for alternative transport.

My business relies on a car, I do home callout. It has cost me an arm and a leg not having the car while in for repair as I cannot work (10 days to change a spark plug), putting in the car again will mean I will need to arranage a lease car. Also hiring a mechanic to daignose the problems after it came out of repair has cost me considerabe money.

The 'bmw specialist' they selected the first time was someone they're clearly mates with. NO respectable garage would have returned the car without diagnosing the problems. There were error codes on the OBD before it went in and error codes when it came out even thought hey said it was fixed. Plus it was clearly misfiring when idling.

I phoned this 'bmw specialist' and they couldn't even get their company name straight on the phone. They have no website or even a google presence and the only reference to the address they gave on the web gives a slightly different company name to the one they told me.

They have said they will put the car in for 'vavle reseating' and decokes into the same garage, but there is nothing about replacing any damaged parts which I have been advised by the specialist I hired that it's very likely with that amount of carbon. On one inlet you can't even make out the valve stalk or valve there is that much carbon.

Edited by pl461 on 10/05/2013 at 18:56

faulty car sold, unhappy with repairs - Simon

Would it not be easier to push for a refund and then buy something else entirely?

faulty car sold, unhappy with repairs - pl461

I can reject the car but then it may be complicated because the length of time I've had it. I also don't particularly want to reject it, it's quite rare and a very nice car.

faulty car sold, unhappy with repairs - RT

I can reject the car but then it may be complicated because the length of time I've had it. I also don't particularly want to reject it, it's quite rare and a very nice car.

That puts you between a rock and a hard place - just reject it and find something else.

faulty car sold, unhappy with repairs - FP

"...yes it's 27,000 miles and it's very common on these types of cars around this mileage. They are the first generation direct injection engines."

I don't want to sound uncharitable, but you admit you know this is a common problem but still went ahead and bought the car, which you like for other reasons. Either you accept the risk, or you don't buy the car.

Your choice now is between trying to reject the car and hoping to find another example in better nick (unlikely), or getting the repairs done with a minimum of cost to you - but probably at some cost, maybe considerable.

Edited by FP on 13/05/2013 at 12:02