BMW 5 Series F10 - BMW EGR Cooling Recall

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Tue 26 Feb 2019 18:53
BMW 5 Series F10 - BMW EGR Cooling Recall - Magic_John

Around 18 December 2018 I purchased my 530D from an independent dealership, it was 2015 model. I part exchanged a 2011 520D for this car.

Few days later I needed to check with BMW regarding software update, and I was informed that the car had a recall on EGR Cooling, and they booking me into come on the 17.th of January. I was told if they discovered an issue they would need to keep the car for 48 hours and I would get a hire car.

I informed the dealer I purchased the car from, and he told me not to worry.

1 - 2 days before my appointment with BMW, I received an email from BMW, telling me that it was a major back log on getting the EGR Cooler parts, and could expect it to to take 3 - 4 weeks. However in this case I would be provided with a hire car.

After dropping of the car, I got a call back the next day, telling me that the EGR Cooling needed to be replaced, but they could not give me a date for this. But at least 4 weeks.

I again contacted the dealer I purchased the car from, and he told me it was not his fault, he had not been aware of this when he sold me the car.

He had however checked the cars service history with BMW.

Again after 4 weeks I contacted BMW, and they told me maybe early March they would get the parts, but they did not know yet.

Another call today, made me believe that this deadline of early March will not work either, but that will have been over 6 weeks and counting.

Ok I have been given a hire car, not the same standard as BMW, but the car is ok for now. But as my car had 3 months warranty, and I have had to pay additional insurance for the hire car to have no excess, I contacted the dealer I purchased my car from and explained him I was not happy that he had sold me a car that had a recall, and he should have been aware of this, as I believe now this was a well known issue for these BMW models. As a dealer he should have been aware of this.

I only had my car for 3 - 4 weeks when this happen. Also there was a software issue with Connected Drive, which was the original reason I brought the car to BMW in the first place.

Now my question is, what legal recourse do I have against the dealer I purchase the car from? As far as I understand, it was sold with this issue, without me being aware of this. And the car was not fit for purpose.

I have tried to reason with the seller to provide me £150 for my cost of additional insurance for the hire car, provide me a free service and extended warranty of 3 months, when I get car back from BMW, he refused all.

I admit the car does not show up in the DVLA recall search, when checking there, but it took BMW exactly 5 minutes to tell me this. And this dealer shop claimed he had worked for BMW for almost 20 year before he started his own dealership.

I am extremely disappointed for buying a car, and I have not been able to use the car. And I would like to know if I have any recourse with regards to the price / value of the car against the dealer? To have the sales price reduced. As the car has not been fit for purpose.

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Wed 27 Feb 2019 07:48
BMW 5 Series F10 - BMW EGR Cooling Recall - craig-pd130

This is just my 10p worth as I'm no legal expert, but TL/DR: you could spend a lot of effort, emotion and time trying to get your £150 back and I don't think you'd get it.

Long version: your car turned out to have a possible fault when sold, which SHOULD be the dealer's responsibility. But he may well not have been aware of the fault, which only came to light recently from BMW's recall notice. And it is being fixed for you by BMW (albeit slowly), and you've got a replacement vehicle. So your car will have had the EGR fix to retain its value for you, when you come to sell it.

The thing is, you didn't HAVE to pay the £150 to reduce the excess. That's a standard hire car additional charge which you chose to pay, to limit your exposure in the event of a claim. That's a choice you made voluntary (admittedly, the hire companies do pressure-sell people into buying this extra cover).

So yes, you are a little out of pocket. But it's not that expensive, relative to the car's purchase price. And even if the car was brand new and purchased directly from a BMW main dealer, it would still be inconvenient and I'm fairly certain BMW wouldn't have paid the excess waiver either.

Personally, I'd let it go and focus on hassling BMW to get your 530 back ASAP.

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Wed 27 Feb 2019 10:05
BMW 5 Series F10 - BMW EGR Cooling Recall - Magic_John

I agree the £150 is not a major issue either.

However when I contacted the dealership, I also requested that my 3 months warranty be reset until I get my car back from BMW, as I had had my car for only 3.5 weeks when BMW took hold of the car, and did not return it for safety reasons due to failing the EGR check.

Fault was present when car was sold, and was provided with a 3 months warranty.

As I was not using the car during this 3 months warranty period, I have not had the benefit of this.

So I requested this to be extended + compensation of 1 free full service and the £150.

The dealer responded without prejudice, and started attacking me, instead of trying to resolve this issue.

Because the car was not roadworthy when sold, I feel that the car was overpriced. It was sold with a defect, that has not let me use the car I purchased. Without a defect the car was maybe priced correctly, however considering the defect it's incorrectly priced and valued. Well this is my opinion.

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Wed 27 Feb 2019 07:59
BMW 5 Series F10 - BMW EGR Cooling Recall - FiestaOwner

This thread is also posted in the LEGAL section.

www.honestjohn.co.uk/forum/post/128912/bmw-5-serie...0--

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Wed 27 Feb 2019 10:23
BMW 5 Series F10 - BMW EGR Cooling Recall - skidpan

I admit the car does not show up in the DVLA recall search, when checking there

The obvious answer to that is this issue is NOT a DVLA safety recall.

In the past we have had DVLA safety recalls where you are notified by post. We have also had manufacturers recalls (some call them campaigns) where free updates are carried out when the car visits a main dealer and a check on their system reveals work is required. Examples of this have been a revised diesel filter, a radio update and an updated ECU map.

The main issue is when cars are not serviced within the manufacturers network they cannot check for any work required. I suspect this is why the seller had no idea that new parts were required for your car.

Regarding the £150 you have paid out I think you will find that ALL warranties exclude losses of this type.

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Wed 27 Feb 2019 10:50
BMW 5 Series F10 - BMW EGR Cooling Recall - barney100
Once you have paid for the car if the dealer doesn’t, co-operate with you it,s very difficult to get anything out of them. I,ve had a major issue with Mercedes and got nowhere despite trying everything I can think of. Good luck with it.

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Wed 27 Feb 2019 12:04
BMW 5 Series F10 - BMW EGR Cooling Recall - Magic_John

I have contacted the finance company, with a complaint.

Section 75 of the Consumer Credit Act

Not sure how helpful that will be, but I would consider both filing complaint with trading standards and the Ombudsman.

If the car is not in fit for purpose, and in safe drive-able condition, when I purchased it. Than the price I paid for the car can't have been correct.

If for several months you don't have the goods you paid for, it's extremely frustrating.

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Wed 27 Feb 2019 14:49
BMW 5 Series F10 - BMW EGR Cooling Recall - Magic_John

And it is a Safety Recall, just DVLA website has not been updated yet. Apparently it can cause the car to catch fire, so I would think that is a safety issue, or?

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Thu 28 Feb 2019 00:07
BMW 5 Series F10 - BMW EGR Cooling Recall - Avant
Thanks for noticing, Fiesta Owner. We don’t need this twice, so please use the thread in Legal if you want to comment further.
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