Right to reject vehicle
skillick
Posts: 3 Newbie
We bought a brand new BMW i8 on 26th November 2016 with PCP finance from BMW financial services.
We noticed a loud whirring noise from the electric engine and took it back to the dealership on 10th December after 14 days of ownership. They diagnosed a fault with the electric motor which needed replacement. By the 28th December it was still not ready to collect and we were told it would not be fixed before the new year. We enquired about rejection process for the vehicle from the dealership, who acknowledged the email and said would escalate to managers. We heard nothing more from them except a miraculous phone call the following day saying it was ready for collection. Having heard nothing from the dealership, we collected the car, as any normal person would.
Having still not heard from the dealership, and having done some research online ourselves, we went direct to financial services to commence the rejection process on 13th January 2017 (after 29 days of having the car actually in our possession).
They have finally this week rejected our claim on the basis we collected the car on the 29th December, but make no acknowledgement of the fact we wanted to reject before collection and was not given the information on how to do so. This rejection of our claim has only been given verbally and we are yet to receive anything in writing.
Although the car is now fixed, we believe we were still within our right to reject the car and force financial services / dealership to accept the car back and refund all payments made on the car and clear the outstanding finance.
They have accepted there was a major fault and have offered 1 months finance payment as compensation for the time the car was in their workshop, which we have not accepted.
If we accept the compensation payment, will this affect the ombudsman’s review of the case – is this seen as an acceptance of the outcome from our part?
We are not sure where to go next as both the dealer and BMW UK are saying the same thing. Should we seek legal advice or can we go through the Financial Ombudsman?
Any help would be greatly appreciated.
Thanks!
We noticed a loud whirring noise from the electric engine and took it back to the dealership on 10th December after 14 days of ownership. They diagnosed a fault with the electric motor which needed replacement. By the 28th December it was still not ready to collect and we were told it would not be fixed before the new year. We enquired about rejection process for the vehicle from the dealership, who acknowledged the email and said would escalate to managers. We heard nothing more from them except a miraculous phone call the following day saying it was ready for collection. Having heard nothing from the dealership, we collected the car, as any normal person would.
Having still not heard from the dealership, and having done some research online ourselves, we went direct to financial services to commence the rejection process on 13th January 2017 (after 29 days of having the car actually in our possession).
They have finally this week rejected our claim on the basis we collected the car on the 29th December, but make no acknowledgement of the fact we wanted to reject before collection and was not given the information on how to do so. This rejection of our claim has only been given verbally and we are yet to receive anything in writing.
Although the car is now fixed, we believe we were still within our right to reject the car and force financial services / dealership to accept the car back and refund all payments made on the car and clear the outstanding finance.
They have accepted there was a major fault and have offered 1 months finance payment as compensation for the time the car was in their workshop, which we have not accepted.
If we accept the compensation payment, will this affect the ombudsman’s review of the case – is this seen as an acceptance of the outcome from our part?
We are not sure where to go next as both the dealer and BMW UK are saying the same thing. Should we seek legal advice or can we go through the Financial Ombudsman?
Any help would be greatly appreciated.
Thanks!
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Comments
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Buyer's remorse? How come now the car is fixed you don't want it? Please don't insult us with the old "lost faith" in it line, it is now the car you wanted in the first place, is it not?0
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You're only renting it anyway so give it back at the end of the term. Any faults between now and then will be under warranty and as you've said, the fault isn't there anymore so you've got the car you wanted.
Be honest, are you looking for a way out or would you be happy if they replaced like for like?0 -
I would have thought so, unless the other party paid the compensation knowing you did not regard it (and obviously a fully repaired car) as full settlement of your claim. Even then I would expect the compensation payment to be taken into account in any ombudsman decision/remedy.If we accept the compensation payment, will this affect the ombudsman’s review of the case – is this seen as an acceptance of the outcome from our part?
Given the amount of money at stake I would have thought seeking legal advice might be worth it.0 -
You either reject it or you don't ..... If you wanted to reject the vehicle, you should not have collected it, and certainly not have carried on using it.
Their offer seems reasonable.0 -
Buyer's remorse? How come now the car is fixed you don't want it? Please don't insult us with the old "lost faith" in it line, it is now the car you wanted in the first place, is it not?davidwood123 wrote: »You're only renting it anyway so give it back at the end of the term. Any faults between now and then will be under warranty and as you've said, the fault isn't there anymore so you've got the car you wanted.
Be honest, are you looking for a way out or would you be happy if they replaced like for like?
We don't have buyers remorse as until it went wrong we loved the car. However, the fundamental component of the i8 is the technology of the electric engine and when it goes wrong after such a short period of time it does not bode well for the future of the car.You either reject it or you don't ..... If you wanted to reject the vehicle, you should not have collected it, and certainly not have carried on using it.
Their offer seems reasonable.
We asked the dealer for the rejection process prior to it being repaired. We were unaware that we should not collect it, this only came to light after talking to Financial Services. Since collection the car has been parked in our garage at home for the most part unused with the exception of 2 occasions when we had no choice (we bought it because we had the occasional need for a second car and I wanted something sporty).0 -
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You may have enquired about the rejection process before the repair took place but this was after you had already agreed to the repair.(6)A consumer who requires or agrees to the repair of goods cannot require the trader to replace them, or exercise the short-term right to reject, without giving the trader a reasonable time to repair them (unless giving the trader that time would cause significant inconvenience to the consumer).
The car was out of your possession for less than 3 weeks so a months finance payment seems more than fair unless perhaps you've incurred additional reasonable & necessary expenses that you haven't told us about.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Faults on new cars are surprisingly common!
I bought a brand new KA a few years ago (ok, it's no BMW...) which had faulty electrics. They fixed it and no problems ever again. A reliable boring car!!
There is no reason why your car should develop another fault.
Your opportunity to reject it was when it had failed. By collecting it you were agreeing to the repair. This is quite straight forward.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
By collecting the car you accepted the resolution.
You could have rejected the car but you should have had nothing more to do with it, this would have meant refusing to accept the car back.0 -
if you ordered a meal in a restaurant and then it was cold would you have sent it straight back or eaten it and refused to pay for it?
by collecting the car you have eaten the meal0
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