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2nd hand faulty BMW

Last post Mon, Mar 14 2011, 7:48 PM by exterminator. 1 replies.
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  •  Mon, Mar 14 2011, 7:48 PM

    Re: 2nd hand faulty BMW

    Alan - You are still within your legal rights to reject this car as unfit for it's purpose, under the 'sale of goods act 1979' on all Three points of the qualifying criteria. 1) Not of satisfactory quality. 2) Not as described (as it does not work properly). 3) Not fit for it's purpose.

    Read the Two articles below, both are from respected sources.. for more information.

    http://www.autotrader.co.uk/advice/2010/09/buying/returning-a-car

    http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm

    After having obviously tried the reasonable and friendly amicable route, it looks like you may seriously have to consider the legal option of redress for a refund, by contacting your Solicitor to ensure that you have, or are, correctly following the necessary legal steps required in the correct manner i.e. by first rejecting the car in written letter, then allowing for the garage time to respond in the appropriate manner. If you win your case which based on your post you certainly should, then the dealers will have all the legal costs awarded against them...including your lost earnings if you attend (do ask).

    I would also advise you to contact this Solicitor before the car goes into the BMW dealers on Friday, to see what their opinion is on whether their involvement may possibly or prejudicially disadvantage your case or not.... should the garage you bought it from try to blame... or make claim that the BMW dealers have caused or made the alleged fault worse.

    I presume this car will have been quite expensive therefore it will not be the small claims if under 5k, if over it will be the county court. I would make the pre-emptive legal strike that gives them either the opportunity to refund your money in full, or if they still refuse to act reasonably and within what the law states, then it's only themselves who will be to blame when they become burdened with all the legal costs on top, once or if, you should find it necessary to instruct Solicitors to initiate legal action dependent upon the final reaction from the dealers.

    • Post Points: 5
  •  Mon, Mar 14 2011, 5:36 PM

    2nd hand faulty BMW

    Hi, I bought a BMW M5 from a local independant dealer with a months warranty. Within two weeks it developed an intermittant missfire. On return to the garage they replaced some parts. The car has been back a further two times for the same fault thats showing on the ECU. (faulty water temperature sensor). Clearly there is something else wrong but showing this fault. The fault has reoccured for a 4th time and I told the garage I did not want the car any longer.

    The garage basically told me where to go. I've had the car for a total now for over four months but they've had it as long as I have. I contacted my bank as I bought the car with Visa debit card but no joy there. Trading standards are on my side but they have no legal clout therefore leaving me a bit high and dry now. I have a very expensive ornament lying in my garage as I fear this could be costly to get to the route of the problem.

    I have the car booked into the local BMW dealer on Friday but not holding much hope as their computer will probably flag up the same fault.

    Does anyone have any ideas on this? Should I chase through my solicitor and court possibly costing a lot more money again? Thanks,

    Alan.

    • Post Points: 20