Faulty used car.

jerczu

I bought my mini cooper from BMW dealership not a month ago. Since day one I had issues with it. First there was a knocking clutch pedal which apparently "is something they all do". I had my car booked in for repairs and the clutch was bleed (still didn't change). Then the gearbox started to crunch when i changed gears. Booked in for repairs again. Next I've noticed after driving similar car to mine that mine when accelerating it feels really sluggish.

I had honestly had enough and demanded my money back and I dont want to have anything to do with this car anymore. The BMW tries everything to slow down the process. I dont want to book it for another checks, repairs or anything I had enough.

I'm pretty sure "Sad Fart" rules apply as the car was broken since start (clutch/gearbox) and simply I am not satisfied that within three weeks of me buying it I had to fix it.

Am I right to demand my money back??

jerczu

Oh another thing I am wondering about I have been told by the dealer (them contacting me from a landline) during a dispute in the middle of the conversation that the "call is recorded" shouldn't I give my explicit approval for the call to be recorded in the first place?

There were no disclaimer or anything and I wasn't calling them - they called me. As far as I am aware I should give them my approval explicitly if they are planning to use this call recording in case of a third party is to be involved.

Sgt_Pepper_2

So what if they record the call, what have you done wrong or hot to hide?

jerczu

Sgt_Pepper wrote: »

So what if they record the call, what have you done wrong or hot to hide?

Nothing you are right but on Monday we stroke a deal that on Wednesday (today) when I asked for it in writing changed to the point that I would be masively worse off. And today when I argued over the fact that they are lying to me and in the end I would end up with a bad deal they said the call is recorded. Therefore my question shouldn't they have my explicit consent to record the call and am I right expecting all my monies back?

jerczu

If the calls are recorded I should be able to retrieve from them the recording of a Monday call where we agreed the deal.

jerczu

Anyone? Do I get my money back? I had the car just a month it is faulty ( I'm convinced that it still is) all I want is to get rid of it. BMW is quite reluctant to let me have my £££ back for reasons unknown (well the bonus I guess)

poppasmurf_bewdley

You have to give them the opportunity to fix the car.

Have you done so? If not, they are within their rights to refuse to refund you your money.

jerczu

Yep I am fed up with it and really don't want it anymore. There are other faults in there of which I'm probably not aware. The clutch and flywheel was replaced but it still is not a smooth gear change. I had enough of it in a months time I owned it this would be the fourth time I put it to the service dept to deal with issues I found. I am pretty sure I can find a better car for the monies I paid.

muckybutt

As far as getting your money back in full - you cant is the short answer. To claim a full refund on a faulty car you have to claim roughly within the first week, after that you have to give them the opportunity to rectify the faults etc and you can also ask for compensation.

I'm in a similar situation, had a used car froma dealer less then 6 weeks, first fault was within 3 days which they paid for as warranty didnt cover, now the clutch / dmfw has gone and its looking like a £600+ bill, dealer doesnt want to know so you have to go down the route of :
Write a letter explaining faults and how you would like them rectified under S.O.G.A. send it registered delivery.
If nothing heard then send a Notice Before Action, again send registered delivery.
Get the work done yourself, get two quotes.
If they still dont reply ( like my !!!!!! of a dealer ) then issue form N1 County Court Claim for refund of repairs - compensation for hire car - postage etc and interest and sue them.

I'm sending my NBA tomorrow, if I dont hear back within 7 days then Court it will be....bring it on is what I say

jerczu

Great so I am stuck with it then. Thanks for the advice. My dealer is a bit more cooperative but I really just want to return it and get my £££ back. I'll be pushing them as much as I can or demand a different car. I get that the car is used but i had enough.

forgotmyname

They should notify you at the beginning of the call that its being recorded. A formal complain can be made if they told you this during or after the call.
Maybe they only started recording midway through the call?
You gave them your approval for recording after they told you by not hanging up.

But as mentioned, What do you have to hide? Surely its a bonus for you if they promised something and have not complied to it.