Used Car Issue - would like to confirm my rights

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Hello everybody :)

Wasn't sure if this should have gone in motoring or consumer rights...apologies if it's in the wrong bit!

I purchased a BMW 1 Series 118i three weeks ago, from a registered dealer. I paid more for the car because I wanted something with low mileage, which would be more comfortable and hopefully a little bit better on fuel than my previous Mini Cooper.

Unfortunately, I am getting well below the average mpg for the car, which is currently sitting between 20 and 21 mpg. I drive the car very sensibly, the tyres are all where they should be and the car (allegedly) received a full service prior to me collecting it. I drive a mixture of motorway and urban driving and the absolutely best I have seen it at is 23mpg. I have filled the car twice (so I could be sure it wasn't just me and get a reasonable idea of mpg without relying on the trip computer) and it has remained the same.

I contacted the owner who asked me to take the car in for him to have a look at. While with me, he called a garage who said that the mpg was perfectly reasonable. I have checked forums, spoken to friends with the same car, even called BMW who have all said it doesn't sound right.

On owning the car a few days, a yellow stain also appeared on the back wheel arch. When I mentioned this to him, he tried to imply somebody had knocked my car. This is clearly not the case and more likely an attempt at them polishing up an existing knock, badly.

Another issue (although this is purely on a hearsay basis, so almost irrelevant!) is that the car was sold to me with two former owners, when in fact there were three. The seller lied to me about this.

I explained that I did not feel 20mpg was acceptable for a car that age, with so few miles, which has been recently serviced. He said he would speak to his manager and call me back.

He didn't. I called him and he said he would call me later as was with a customer. Again, he didn't. I sent a very reasonable email requesting that he calls me but still, I have heard nothing.

I feel a little bit upset. I spent a lot of money on this car and went to a dealer as I thought it would give me better quality and protection.

I have four days left before I owned the car for 30 days. I would like some advice as to whether or not I could refuse the car under the Consumer Rights Act, based on the fact that the car is not running as it should? Or is MPG something that has such a massive spectrum anyway that it isn't good enough grounds?

I paid a deposit on my credit card, then the rest via a debit card.

Thank you in advance for your responses.

Comments

  • BoGoF
    BoGoF Posts: 7,099 Forumite
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    This may be best on the motoring board.

    Wouldnt have thought you could reject a car on low mpg. This link suggests you are getting towards the low end of real world mpg - https://www.fuelly.com/car/bmw/118i
  • KatieDee
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    BoGoF wrote: »
    This may be best on the motoring board.

    Wouldnt have thought you could reject a car on low mpg. This link suggests you are getting towards the low end of real world mpg - https://www.fuelly.com/car/bmw/118i


    Thank you for your response. It's not so much the low mpg which is the problem (I'm realistic about what the car is and did my research before purchasing). It's that it seems to be much lower than how it should be performing, even with real life mpg taken into account. I'm concerned it might be indicative of a bigger issue.

    I'll try the motor board though :)
  • worried123
    worried123 Posts: 519 Forumite
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    edited 17 September 2017 at 7:52PM
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    Hello

    I dont know if this helps but i had a problem with a brand new toyota - cannot begin to explain...nothing wrong with the car per se but a real issue.

    I rang CAB and they were brilliant and i think your 30 day thing is covered regardless because it is from when you first complained which is well within the 30 days....so dont panic.

    I also think that about 2 years ago some new legislation on consumers rights regarding cars came out...you now have more rights.

    good luck

    Did they state the mpg when you bought it ...because i personally would assume it would not then be as described.

    it has to be of satisfactory quality
    fir for purpose and as described
  • KeithP
    KeithP Posts: 37,911 Forumite
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    You have told us that you don't think 20mpg is acceptable.

    What are you comparing that with?
    Perhaps the manufacturer's figures?

    Are you measuring your mpg in exactly the same conditions as those used to produce your comparison figure?

    As stated on The VCA's website:
    IMPORTANT NOTE

    The fuel consumption figures quoted in this guide are obtained under specific test conditions, and therefore may not necessarily be achieved under ‘real life’ driving conditions. A range of factors may influence actual fuel consumption - for example, driving style and behaviour, as well as the environment and conditions under which the vehicle is operated.
    Most manufacturers, if not all, will have a similar disclaimer.
  • J_B
    J_B Posts: 6,460 Forumite
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    Are you measuring mpg by dividing the miles driven by the number of gallons used, or with some built in digital readout?

    We had a digital thingy on a Hyundai we had in 2005 (?) and it was bizarrely calibrated in american gallons!
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    Can I point out the OP has a thread on this subject in the Motoring section where she's getting all the relevant advice she requires. Can I suggest we keep all responses in that thread.

    http://forums.moneysavingexpert.com/showthread.php?t=5712770
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