Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[Viral_Jim]

So, I set the ball rolling at the dealership this morning, as expected there was much grave nodding and sympathetic noise making, but no offer of cash being produced. Apparently they need to "run this by their solicitors"  .

They also set a few traps for me, which was nice of them. They refused to take the spare keys from me (they're going in the post recorded delivery tomorrow morning) and asked me if I had any instructions for the workshop so they can "get the problem resolved". They also offered me a hire car "while they did the warranty work". All of which I refused on the basis that from the point of giving notice of rejection, I had no further interest in the vehicle, I told them I would also be moving the car onto a laid up insurance policy to make clear my intention to cease using it with immediate effect.

In short, all the fun of the fair, just as anticipated.

The dealership also asked that I involve BMW UK, which I did, by phone, who confirmed my understanding that the situation is between me, the finance company and the dealership (no buck being passed their way that's for sure!). Still, in the spirit of appearing to be fully co-operating with the process, it was worth the 10 minutes on the phone.

The last and most productive chat of the day was with BMW Financial Services (my pcp provider and the actual owners of the car). They actually have a dedicated team for this who advised me to put in writing my conversation with the dealership and they would handle things from here on out as "they have a lot more leverage than the customer". They also asked for my videos and the invoice for the work Rybrook have done, so that they can evidence the fault, the attempted repair and the re-occurrence of that fault. They were very much more open with me and at least gave the impression of being more on my side than the dealerships. I haven't let my guard down with them, but they were at least more helpful. Possibly a side effect of being a fully regulated financial services provider. 

The saga continues...

[JamesV6CDX]

Keep your pecker up mate, you will get there

[STEMO]

You do realise, Jimmy, that this could end up being a sort of 'test case'. If it works out for you, and I sincerely hope it does, then anyone reading this will be emboldened and approach the dealer more confidently.

[JamesV6CDX]

I know next to nothing about consumer and civil law..... but when spending that much money on something, which, so soon, is not fit for purpose (unsafe, breaking down on fast roads) - you must have some recourse.

You've not had it five minutes, and it's not fit for purpose. You're in the advantageous position that you have also given them chance to rectify it (without success on their part) before insisting on a refund. to a judge that shows that you have been reasonable

I personally fancy your chances in a civil court especially if you have evidence of the breakdowns

[Viral_Jim]

You do realise, Jimmy, that this could end up being a sort of 'test case'. If it works out for you, and I sincerely hope it does, then anyone reading this will be emboldened and approach the dealer more confidently.

Ha, I'll ask an admin to move it to the How To section  .

[Field Marshal Dr. Opti]

I know next to nothing about consumer and civil law..... but when spending that much money on something, which, so soon, is not fit for purpose (unsafe, breaking down on fast roads) - you must have some recourse.

You've not had it five minutes, and it's not fit for purpose. You're in the advantageous position that you have also given them chance to rectify it (without success on their part) before insisting on a refund. to a judge that shows that you have been reasonable

I personally fancy your chances in a civil court especially if you have evidence of the breakdowns

Yep.

[Doctor Gollum]

Being on a PCP, gives different rights/options for disposal. Your contract is, as you know, with the finance company, and theirs is with the dealer as the car supplier.

Not sure if you would be entitled to financial recourse... mileage/value/payments made, but you should find it easy enough to get out of the contract as they have provided you with something clearly not fit for purpose.

Have found Alphera pretty easy to deal with in the past, so hopefully once they have the dealership by the gingangoolies, it should be resolved pretty quickly

Good luck

[Viral_Jim]

I agree, they have been the most helpful so far, and with good reason, as you point out.

Copied below is my formal notification to the dealer of rejection of the car. Its a bit of a long read, but may be of use in case anyone in the future needs a template sh!tty letter to send someone .

Dear Sirs,
On 17 September 2016, I purchased from your dealership a BMW M140i, registration number VX66PYD. This was a long-awaited purchase and a car that I was most looking forward to driving.

On 11 January 2017, the vehicle developed a very serious fault whilst I was driving through the centre of Kidderminster. The fault essentially involved all of the vehicle’s electrical systems shutting down at the same instant. This left me not only without the iDrive, climate control and gauges, but crucially without engine power, power assisted steering or braking assistance. In bringing the vehicle to a halt, the front nearside wheel also sustained minor curbing damage. Confusingly, this inactive state only lasted some 3-4 minutes, thereafter the car behaved normally, with the exception of a message requesting that the clock be reset.

The vehicle was recovered to Rybrook Worcester BMW that same day, I was then compelled to wait for half a day for a hire car to be located and delivered to my home address, which caused significant disruption to my day’s plans.

VX66PYD then remained in your workshop for diagnosis, repair and testing until 20 January 2017. I was informed that the “FEM Control Unit” had been identified as the source of the issue and that this unit had been replaced. However, during this time, the damage to the front wheel was not rectified, despite my mentioning it both to the recovery driver and to the Service Advisor. Finally, at some point while in your care, the vehicle sustained further damage in the form of a deep scratch to the driver’s side door card. This was either not noticed or noticed and not disclosed to me prior to my collection of the vehicle.

The car was released back to me on the 20 January 2017, however the fault re-occurred on the evening of 31 January 2017 while I was returning from work. This time the situation was significantly more dangerous, occurring as it did in the dark and on a wet road. Again, I was unable to use the power assisted brakes or steering and crucially, I was unable to activate my hazard warning lights to warn other road users that I had come to rest in the carriageway.

The episode was particularly frightening to me as it occurred less than a mile after I left the motorway. The idea of becoming stationary, without power or lighting on a motorway, frankly does not bear thinking about. It is chiefly for this reason that I have taken the decision to exercise my Final Right of Rejection of the vehicle in line with the provisions of the Consumer Rights Act 2015 (hereafter: the Act) and am seeking a refund of monies paid to date for the vehicle.

Specifically, it is my assertion that the car is not of satisfactory quality as defined under Section 9 (3) of the Act. This section highlights that quality includes the safety of goods and their fitness for all the purposes for which goods of that kind are usually supplied. Clearly the aforementioned fault renders the car of unsatisfactory quality on both of these grounds.

[Viral_Jim]

continued...

Given that the vehicle is more than 30 days, but less than 6 months old, the Act requires that a retailer is provided with an opportunity to repair the Goods (in this case the car) when a fault is discovered. Rybrook Worcester had ample opportunity to do this during the period 11-20 January 2017. Indeed, my discussions with the Service Advisor during this period gave me every reason to believe that the underlying fault had been fully rectified.
On 01 February 2017, I attended Rybrook Worcester and gave formal notice to Mr R Haywood that I wished to reject the vehicle in line with the provisions of the Act. He requested that I contact both BMW UK and BMW Financial Services who (under the terms of my PCP agreement) are the owners of VX66PYD until the last payment is made. BMW UK raised a complaint ticket (Ref No. 1-45891073778) in relation to my call but confirmed my understanding that the Consumer Rights Act is a matter between a consumer and a retailer which does not involve them. Should you need to confirm this, I have made it clear that I am happy for you to contact them directly.

I simply cannot continue to drive the vehicle with a potentially very serious fault for which Rybrook had clearly failed to identify a cause. I have lost all faith, both in the vehicle and in the ability of Rybrook to satisfactorily repair it. This is before considering the stress and fear which this entire episode has caused, which I have no desire to repeat.

During my discussion with BMW Financial Services, they requested that I confirm what has happened so far and my notification of rejection of the vehicle in writing. They then requested that I have no further contact with Rybrook while this matter is resolved. Accordingly, I will direct all future communication on this matter through them.

It should be noted that at this present moment I still hold both the V5 and the spare keys for VX66PYD. I offered to surrender these to Mr R Haywood yesterday, but he refused to take them from me. I will be happy for you to collect both the keys and the V5 from my home address at any point which is convenient to you. I have already provided video footage of the car to you in its failed state which I consider to be proof positive of the continuing existence of this fault. Should you need any further information from me regarding VX66PYD, please direct these requests via the BMW Financial Services escalation team, in line with their request. Their email address is csescalations@bmwfin.com should you need contact details for them.

I have kept the vehicle insured on a comprehensive policy, but only with the minimum mileage that my insurer will allow. Yesterday Mr Haywood asked that I give instructions regarding the repair of the vehicle and (as I did yesterday) I wish to make it clear that I have no instructions regarding its repair as I have no intention of maintaining an interest in the vehicle once this process is concluded. It will therefore be a matter for Rybrook Worcester to decide what (if any) action they take regarding the vehicle.

I hope that this matter can be resolved swiftly, to the satisfaction of all parties concerned and without the need for any legal action on my part.
Yours faithfully,

Mr 944

[Field Marshal Dr. Opti]

A most succinct and articulate response, Jimmy.

It would be all too easy to let 'emotion' cloud your thinking.

I have a good feeling about the outcome.

[STEMO]

Love it.
Will you be my PA, Jimmy? 

[Field Marshal Dr. Opti]

Love it.
Will you be my PA, Jimmy? 

Nah......he would need to have blonde hair and big tits to qualify for the position.

[STEMO]

Love it.
Will you be my PA, Jimmy? 

Nah......he would need to have blonde hair and big tits to qualify for the position.

Not necessarily. I've lowered my sights these days. 

[Field Marshal Dr. Opti]

.......and a nice moist pussy.

[Viral_Jim]

Love it.
Will you be my PA, Jimmy? 

Nah......he would need to have blonde hair and big tits to qualify for the position.

Technically I'm 50% of the way there. One does tend to over-indulge at Christmas!

.......and a nice moist pussy.

And I'm out!