BMW Car problems - Help please

moneysaver_77

Hi everyone,

Firstly I hope I have posted in the right place! I have a BMW on 09 plate which I bought in march 2010 on their PCP plan. The car has begun to have problems, with the main one being a constant shake when at standstill. The car has been in to my local dealership on 3 occassions in the last few months, yet the problem is still there.

I have contact BMW's customer services dept who have spoken to the dealership. They have asked me to take the car in again and promise to solve the issue ( I have been told that 3 times LOL). Anyway I have refused to take it to that garage and said I will take it to another one. I work as a travelling sales rep.

My questions are: is there any thing I can do to terminate the contract? Or would I be intitiled to any compensation?

Any help of advise would be appreciated, but please dont shoot me down for asking!!

Thanks in advance

arcon5

I'm thinking this is a lease hire vehicle from your thread? Or perhaps HP?

I doubt you can terminate the agreement though, to do this you would need for them to breach contract which you would need to give them the opportunity to rectify it. Even then, terminating the agreement carries high risks, if a judge decides your reasons was unreasonable. (This is based on lease hire). Even then, it likely contains clauses about repairs/maintenance ect.

You don't know what the fault is either, so compensation is a no no for now. Until you know the fault and can PROVE it was inherent then you would have a case for recovering your costs -- but compensation very unlikely!!

It may well be a case of the issues are down to wear and tear over the 18 months the car has been used in which case I imagine they won't cover you for W&T.

alistair.long

Normally juddering is a engine thing.

Have a compression check done. knock check and firing check. these can be done on most diagnostics.

visidigi

diesel? Clutch dumped or engaged? Idle or pull away?

What series is the car?

hawkwinddotcom

Could the problem be related to the non working indicators?

redped

hawkwinddotcom wrote: »

Could the problem be related to the non working indicators?

Ha ha ha, my sides are splitting at the originality of your wit! I'm sure there's at least one BMW driver out there who's never heard this one before.

hawkwinddotcom

redped wrote: »

Ha ha ha, my sides are splitting at the originality of your wit! I'm sure there's at least one BMW driver out there who's never heard this one before.

Must of hit a raw nerve

redped

No, I was just laughing at your wit & wisdom; now I'm also laughing at your grammar :rotfl:

Flyboy152

arcon5 wrote: »

I'm thinking this is a lease hire vehicle from your thread? Or perhaps HP?

The OP has already said the car is on a PCP.

You don't know what the fault is either, so compensation is a no no for now.

There could be a case for losses relating to use of a another car and time lost from work.

Until you know the fault and can PROVE it was inherent then you would have a case for recovering your costs -- but compensation very unlikely!!

It may well be a case of the issues are down to wear and tear over the 18 months the car has been used in which case I imagine they won't cover you for W&T.

The car has been back to the dealership three times already and they haven't been able to find the fault. If this was a "wear and tear" issue, it would/should have been identified as such, during those visits.

If this fault became apparent in less than six moths of the sale, then it would be covered by section 48a, para 3 of the SOGA, in relation to faults being present at the time of sale.

arcon5

Flyboy152 wrote: »

The OP has already said the car is on a PCP.



There could be a case for losses relating to use of a another car and time lost from work.

Yes there would be, once the problem/fault has been established. Until then op doesn't have a case to be claiming compensation for lost time.

The car has been back to the dealership three times already and they haven't been able to find the fault. If this was a "wear and tear" issue, it would/should have been identified as such, during those visits.

Yes it should, but it hasn't. That doesn't mean the fault isn't the result of wear and tear though -- it just means the garage need to pull their finger out.

If this fault became apparent in less than six moths of the sale, then it would be covered by section 48a, para 3 of the SOGA, in relation to faults being present at the time of sale.

But it didn't, so this is all but relevant. The burden of proof is on op. So back to my original reply "Until you know the fault and can PROVE it was inherent then you would have a case for recovering your costs -- but compensation very unlikely"

You've dissected my post, but i'm unsure if your agreeing or not -- since your pretty much saying what i've said :huh:

moneysaver_77

Hi all,

thanks for your replies, the car is a 5 series, diesel and automatic. I have had the car over six months so I guess the onus is on me to prove the fault was present at the time of sale? The car had just under 3,000 miles when I got it in march 2010 and is now approaching 34,000. I appreciate the dealership should be given a chance to repair the car but 3 times and the fault is still there. If anything its got worse!! I have also noticed that Im getting less mileage from the car which I have pointed out to them, but they just shugged it off. When I went to pick up my friend the other day I pulled up in his drive and he said he could hear my car from his living room. Any practical ideas of the best way to move forward with this?

I notice the problem when at idle, but when I pull away there seems to be long 'drag' before the car picks up speed!

I have just checked the indicators and they are working fine lol