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Faulty brand new car
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Getting proper legal opinion might be a worthwhile expense, there is certainly case law that suggests you might be able to reject given the facts as stated."The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."
Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)0 -
alistair.long wrote: »I would accept that offer if they can also make you the first owner, ask them.
And how on Earth would they achieve that?The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
shaun_from_Africa wrote: »There is nothing written into consumer rights that entitles you to a new car especially as it is one year since you bought it.
With the washing machine, you would be entitled to a new replacment or a full refund but only if it was faulty when delivered and you rejected it within a reasonable time.
Once you have accepted it and it becomes faulty afterwards, the retailer is entitled to repair. replace or refund (their choice), and any refund can have a deduction from the price paid to cover the use that you have had of the goods.
By offering you a replacment car with the same mileage, the dealer will be putting you back in the same position that you would have been if there hadn't been any problems with your original car. (providing that the replacment is of the same or better spec and condition of the car you currently have).
As the car is "unfit for purpose," doesn't the consumer (after giving the seller ample opportunity to rectify the issues) have the right to reject the goods and rescind the contract.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
Difficult and costly to do after 12 months but probably not impossible. If you are unhappy with the replacement offered the only way to improve it would be after legal advice. Check your home insurance/car insurance to see if you have this cover, they may be able to help.Thinking critically since 1996....0
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somethingcorporate wrote: »Difficult and costly to do after 12 months but probably not impossible. If you are unhappy with the replacement offered the only way to improve it would be after legal advice. Check your home insurance/car insurance to see if you have this cover, they may be able to help.
But, seeing as the rejection request came before the twelve months, it might be a litle easier; no?The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
As the car is "unfit for purpose," doesn't the consumer (after giving the seller ample opportunity to rectify the issues) have the right to reject the goods and rescind the contract.
Possibly (I only really have a "google knowledge" of consumer law), but I would have thought that by offering to put the OP in the same financial and material position as they would have been if the car hadn't had all of the problems then they may well win any legal action.
It for these sorts of problems that the UK/EU could really do with something along the lines of the "Lemon law" in the USA.0 -
As you would be the second owner I would ask for some compensation for that as the resale value may be less.
Also if it was in the dealership more than with you I think you may have a case that you never had use of the car.Lets not use quidco0 -
shaun_from_Africa wrote: »
It for these sorts of problems that the UK/EU could really do with something along the lines of the "Lemon law" in the USA.
Exists here as well only under a different guise.
I think its fair to suggest that if BMW are putting you in the same position then there's not really anything you can complain about.
Seems to be an awful lot of people I know with Minis and BMW's not happy over the past years!0 -
As you would be the second owner I would ask for some compensation for that as the resale value may be less.
Also if it was in the dealership more than with you I think you may have a case that you never had use of the car.
As well as the costs of re-insuring, any parking permits and any other things that would cost you money that you would not have had to pay out, if they had supplied you with a fully working car.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
cardinalbiggles wrote: »I think its fair to suggest that if BMW are putting you in the same position then there's not really anything you can complain about.
Technically they won't be. The car may be the same age/mileage, but it will have one more owner than the car the OP has.0
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