BMW 1 Series - Advice needed - reject options?

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Sun 8 May 2016 14:18
BMW 1 Series - Advice needed - reject options? - dnbc

I have purchased a 1 Series BMW last week, 2008 model and after a few days use I noticed an uneven noise on the engine which it seems may be the timing chain issue (these were temporarily repaired free by BMW but the period closed end of 2015. There is also apparently a need to replace the turbocharger.

What are my options - given the above two problems, which could be costly down the line, I am thinking I should return for refund - the car was advertised as having full service history (and I was told this verbally), and I was also told verbally that "1 series are chain driven and won't ever need replacing". However the car was only stamped last for 2012. I would have thought that had it been serviced during the recall period, this would have been picked up and the chain replaced. I am not totally sure but it seems to me that the car has at the very least been misrepresented, and I ought to be able to get my money back. I know that the dealer is not responsible for manufacturer faults, but it seems clear the car has not been fully inspected by mechanic before it came to me, and I was told I would have no problems. This is not an old banger either, and was not cheap.

Does anyone have any advice that might help me. If so, would be highly appreciated.

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Sun 8 May 2016 14:33
BMW 1 Series - Advice needed - reject options? - RobJP

"SEEMS it MAY be the timing chain issue", is meaningless. Unless you can show that there IS a fault, then you have no right in law to reject.

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Sun 8 May 2016 14:40
BMW 1 Series - Advice needed - reject options? - dnbc

"SEEMS it MAY be the timing chain issue", is meaningless. Unless you can show that there IS a fault, then you have no right in law to reject.

Sorry, was not clear. The timing chains on these need replacing, they are faulty and liable to break causing engine damage - however this has not been done (despite being told it wouldnt need replacing), probably due to lack of recent service. And, I have also been told by the dealer's mechanic that it needs a new turbo.

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Sun 8 May 2016 17:12
BMW 1 Series - Advice needed - reject options? - RobJP

Again, if the car does not have a fault, then you cannot reject.

If the car is currently working, then it is working. End of story.

If the car had a timing belt, which was supposed to have been changed at a certain mileage, and you had found that the work had not been done, it would not be grounds for rejection (unless the car was sold to you specifically as the belt had been done, in which case it would have been misrepresented).

A car MUST have an actual, verifiable fault to be rejected. Just because a number of these timing chains have failed, and because BMW have replaced others, does not mean your car WILL suffer this failure.

Regarding the turbo : does the turbo work. If so, then it is not faulty. Whilst it might not be working to full capacity, it is an 8 year old turbo, fitted to an 8 year old engine, in an 8 year old car, and would not be expected to be producing the full factory output.

So, again, what are the ACTUAL faults that the car has ? The answer appears to be 'none'. In which case you cannot reject.

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Sun 8 May 2016 19:14
BMW 1 Series - Advice needed - reject options? - skidpan

The timing chains on these need replacing,

I had a 2008 118d. It did not have a timing chain issue thus it did not get replaced.

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Sun 8 May 2016 20:45
BMW 1 Series - Advice needed - reject options? - dnbc

I accept that on an 8 year old car there will be things (eg clutch) that will need doing, but the concern on the timing chain is that it does display the warning signs that were present in ones that failed (confirmed by 2 garages) and the main issue is that they can fail at any time - potentially wrecking the engine. So, to me, that is a current fault - not necessarily rendering the vehicle undriveable, but it is a fault nonetheless that needs rectifying. I also think it highly unlikely that if the car had been properly checked before sale that this would have gone unoticed, especially as that was a hugely common issue on those cars, reported widely in the press and both garages I consulted knew it without prompting.

If the new laws on fit for purpose are there to help consumers, isn't this a classic example ie a 6.5k purchase that could result in a 1.5-2k repair bill at any time!

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Mon 9 May 2016 00:06
BMW 1 Series - Advice needed - reject options? - pd

I've got to ask: these cars are known to be dogs with significant inherent design faults. I cannot understand why anyone would research this and then still buy one?

The car only has to be reasonable for it's type/age/mileage so if it is typical for said car to have iffy timing chain then it could be argued it is reasonable.

The key thing is you need to prove there is an actual fault present at the time of purchase which renders it a product which a reasonable person would consider unsatisfactory.

If it is a wear and tear issue and something has worn out it can be diffcult to prove.

There are hundreds of makes and models for sale, I cannot understand why people choose one with well known signficant design flaws?

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Mon 9 May 2016 00:11
BMW 1 Series - Advice needed - reject options? - gordonbennet

German badges sell, always will no matter how poor long term reliability might be of a specific model nor how the dealer treats their customers, it is indeed a puzzle.

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Mon 9 May 2016 00:35
BMW 1 Series - Advice needed - reject options? - RobJP

German badges sell, always will no matter how poor long term reliability might be of a specific model nor how the dealer treats their customers, it is indeed a puzzle.

Myself and skidpan have had 118d's in the past. Mine was a 2008, and so was his, I believe.

Mine was perfect. Never a single fault. I seem to recall skidpan had an identical ownership experience.

As I've said previously, I have a 325d (bought December 2013). If I'd had poor experience of BMW reliability, or poor service from a dealership when it came to fixing faults, then I'd not have bought this car.

My car was actually in to BMW a week ago for a warranty repair. The technician had noticed while servicing the car (just before 3 years old) that 3 of the alloys were showing corrosion around the centre cap, on the inside face of the wheel. Completely invisible unless the car was up in the air.

When I picked up my car, they informed me of this, and that they'd taken pictures and sent them off to BMW GB for evaluation. A few days later, a phone call asking me when I'd like to bring it in for the wheels to be replaced, FOC.

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Mon 9 May 2016 07:41
BMW 1 Series - Advice needed - reject options? - gordonbennet

Myself and skidpan have had 118d's in the past. Mine was a 2008, and so was his, I believe.

Mine was perfect. Never a single fault. I seem to recall skidpan had an identical ownership experience.

It's not the short term where these engine problems arise usually, and to be fair it sounds like you have a dealer worth his salt who intends to retain customers...and you are a customer worth keeping.

But there are increasing failures of these timing chains without mileages being excessive, and BMW are not alone with this problem, which i believe are made worse by long service intervals themselves exacerbated by people who do short distance stop/start driving not realising their use is harsh and servicing should be more often as a result.

Unfortunately most people read the maker's schedule as gospel, but that schedule isn't intended for 10 to 15 years of often localish motoring so a bit of lateral thinking is required.

Sounds like the OP's car has missed at least one sheduled service, which might in reality be two or three oil changes the likes of us would have done in the same period....edit, last stamped in 2012, its missed possibly 4 changes if as most people (who want their cars to last), change it annually and who knows how many miles or how many cold starts it's seen in between.

First thing i'd do if i was the OP would be to change the oil for something decent and see if it makes a difference.

Edited by gordonbennet on 09/05/2016 at 07:46

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Mon 9 May 2016 00:08
BMW 1 Series - Advice needed - reject options? - RobJP

If you are so utterly convinced that failure is imminent, then I suggest you just keep on driving it.

Failures which occur within 6 months of sale are presumed, in law, to have been 'present or developing' at the time of sale, and the selling garage is responsible.

So you win, no matter what.

Unless, of course, you are wrong. In which case it will keep on running past the 6 months, and you will then have the responsibility of fixing it or keeping on chancing it.

To me, this looks like a case of 'buyer's remorse', I'm sorry to say. You are looking for any way to get out of the deal, and this is a convenient excuse to do so.

You've bought a car, and only after purchase noticed that it has an incomplete service history. You state that you were told (verbally) that it had a FSH, which turns out not to have been the case. If there is nothing in the advert or in writing saying 'FSH' then you have no comeback at all - no false advertising or misrepresantation.

As I say, it looks like buyer's remorse - or a case of only looking at the details a few days after purchase, and then realising you should have done so a lot earlier, before handing over your money.

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