Where do I stand with my car warranty?

Flyboy152

Brooker_Dave wrote: »

Because the garage has gone bust.

Just because the seller his no longer trading, does not mean the consumer does not have any rights. :wall:

visidigi

I think you need to assemble more facts before going to them - especially the avg mileage per failure.

Warranty extension is soemthing they can do now - asking for a swap out is not going to happen - but asking for anything else is all a prediction right not.

I would assemble facts and resubmit a request - I am not familar with that franchise, it wasnt the one I thought it would be but I am also aware, someone in Germany has beenover here to teach all the dealers every excuse under the sun for not replacing or repairing anything under warranty all of a sudden...

Brooker_Dave

Flyboy152 wrote: »

Just because the seller his no longer trading, does not mean the consumer does not have any rights. :wall:

What rights does he have?

visidigi

Brooker_Dave wrote: »

What rights does he have?

he has a right to escalate the issue to the manufacturer - and the manufacturer has a responsiblity to restore the car to a relaible working cost at no cost to the original purchaser if its deemed to not be a wear and tear item.

There is no milage limitto a BWM manufacturers warranty...

Hintza

techguy81 wrote: »

........the vehicle is presently running OK.......

The OP is clutching at straws and if the believe the fault will reoccur then they should take out the BMW Insured Warranty before the three years mnufacturer warranty expires.

BMW Insured Warranty and roadside assistance, for added peace of mind

BMW Insured Warranty can help to protect you against the cost of repairs and replacement parts should something unexpectedly go wrong.
BMW Insured Warranty offers a choice of three levels of cover; Comprehensive, Named Component or DriveLine, as well as the option to include roadside assistance through our BMW Insured Emergency Service product. Roadside assistance is also available as a stand alone product.
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unholyangel

Just to point out that a warranty is conditional and does not offer the same protection as SoGA. Unfortunately, the SoGA would apply to the OP and the dealer, not the manufacturer.

I imagine the point they're making about it not being a authorised BMW dealership is that the dealer you purchased from has no authority to enter BMW into a contract/contractual obligations.

I'd also suggest that the car technically is fit for purpose but is perhaps not of satisfactory quality - which again is bringing us back down the SoGA road.

But remember that satisfactory quality on second hand goods has a lower standard than that of new goods. Specifically:
"When deciding whether a secondhand vehicle is in reasonable condition it is important to consider the vehicle’s age and make, the past history of the vehicle and how much you paid for it."

And:
"If a secondhand vehicle needs more extensive repairs than seemed necessary at the time it was bought, this does not necessarily mean that the vehicle is not of satisfactory quality. A secondhand vehicle can be of satisfactory quality if it is in a useable condition, even if it is not perfect."

But ultimately it brings us back round in a full circle in that you would have legal recourse with the dealer.

You said it had high mileage? How high? From what i can see on the internet, 2007/2008 models with 30-34k on the clock tend to sell for £15-19k.

If a car has a very low price for its age/mileage/condition i generally take that as a sign of hidden faults - especially if it is from a dealership. They dont really have the "need a quick sale" excuse private sellers use.

unholyangel

visidigi wrote: »

he has a right to escalate the issue to the manufacturer - and the manufacturer has a responsiblity to restore the car to a relaible working cost at no cost to the original purchaser if its deemed to not be a wear and tear item.

There is no milage limitto a BWM manufacturers warranty...

It is working though. He wants to take action for what "might" happen (i'm waiting on a "oh wont someone think of the children" comment tbh).

And nor is he the original purchaser btw but i believe BMW allow warranty to be transferred.

The whole point is that the OP would maybe have a case against the dealer, but they're bust. You cant take action using the Sale of Goods Act against a manufacturer as the contract is between you and the retailer. And unless they are an approved trader/dealer/seller/whatever, you'll also likely find that they have no authority to enter the manufacturer into a legally binding contract.

Flyboy152

unholyangel wrote: »

Just to point out that a warranty is conditional and does not offer the same protection as SoGA. Unfortunately, the SoGA would apply to the OP and the dealer, not the manufacturer.

I imagine the point they're making about it not being a authorised BMW dealership is that the dealer you purchased from has no authority to enter BMW into a contract/contractual obligations.

I'd also suggest that the car technically is fit for purpose but is perhaps not of satisfactory quality - which again is bringing us back down the SoGA road.

But remember that satisfactory quality on second hand goods has a lower standard than that of new goods. Specifically:
"When deciding whether a secondhand vehicle is in reasonable condition it is important to consider the vehicle’s age and make, the past history of the vehicle and how much you paid for it."

And:
"If a secondhand vehicle needs more extensive repairs than seemed necessary at the time it was bought, this does not necessarily mean that the vehicle is not of satisfactory quality. A secondhand vehicle can be of satisfactory quality if it is in a useable condition, even if it is not perfect."

But ultimately it brings us back round in a full circle in that you would have legal recourse with the dealer.

You said it had high mileage? How high? From what i can see on the internet, 2007/2008 models with 30-34k on the clock tend to sell for £15-19k.

If a car has a very low price for its age/mileage/condition i generally take that as a sign of hidden faults - especially if it is from a dealership. They dont really have the "need a quick sale" excuse private sellers use.

As BMW had already paid to repair the car, after the OP had purchased it, they had accepted contractural liability under the terms of their warranty.

techguy81

Although it may seem like a bargain, I paid the market value for the car (due to the high miles, approx. 85k) at the time. I did my research beforehand and didn't just blindly buy the first one I saw. I bought an ex-fleet car which had been used by a national construction firm and well looked after with FSH.

I can understand wear and tear coming into the equation and if the problems had been due to this then I wouldn't be complaining. However the problems I am having are not due to normal wear and tear, they are happening to cars with the same N43 engine that have only done a few thousand miles. Take a look at the following website for instance, just one of many I have found on the subject: http://www.e90post.com/forums/showthread.php?t=136258

Although I do not have it in writing, most people I've spoken to at BMW agree it is a well known problem. I was told to expect them all the fail one by one in quick succession, but that BMW's policy was to replace them one at a time. More recently the deputy service manager I spoke to told me that BMW recently told all their dealerships to scan for affected part numbers and replace where necessary. That to me implies more than just wear and tear.

Hintza

Flyboy152 wrote: »

As BMW had already paid to repair the car, after the OP had purchased it, they had accepted contractural liability under the terms of their warranty.

But the car at this point in time is not faulty and if the OP wants any further warranty then they should take out the "Insured Waranty" which will be a hell of a lot cheaper than employing a solicitor after the fact to try and prove an inherent fault.