Advice re : Brand new car?

visidigi

I wouldn't want to drive a car with a dodgy fuel pump, especially as the consequences on the engine are so direct.

The Z4 has had its fair share of problems, I know two people who had leaky roof's that had all sorts of problems rejecting.

I would be asking for a hire car of AT LEAST the same quality and type, so Z4, 6 series and at a push a 3 series convertible should be given to you for the duration of the resolution time.

If you don't have an equivalent car get on to the Dealer Principle...

CynicalScotsman

Thanks for all your comments. I have taken the following plan of action :

1) Spoken to sales manager at the garage to express concern re : no timescale on repair because of unavailability of parts required and discussed vehicle rejection - they would not consider this at this stage from their point of view (funnily enough). They will contact me again on Monday with advice from Parts Dept.

2) Spoken to BMW Financial Services and I have advised them of the issues and that the resolution I am seeking is for rejection of the goods, cancellation of credit agreement and removal of any footprint from my credit file. This has been passed to their Quality Assurance Dept and someone will get back to me on Monday.

neilmcl

Let us know how it goes. I hope you get a satisfactory resolution.

visidigi

CynicalScotsman wrote: »

Thanks for all your comments. I have taken the following plan of action :

1) Spoken to sales manager at the garage to express concern re : no timescale on repair because of unavailability of parts required and discussed vehicle rejection - they would not consider this at this stage from their point of view (funnily enough). They will contact me again on Monday with advice from Parts Dept.

2) Spoken to BMW Financial Services and I have advised them of the issues and that the resolution I am seeking is for rejection of the goods, cancellation of credit agreement and removal of any footprint from my credit file. This has been passed to their Quality Assurance Dept and someone will get back to me on Monday.

Upgrade to the DP now, the BMW FS go to the DP anyway, so if you reach out to him now he can be informed when they speak to the DP.

The Sales Manager is a numbers man, the DP is what you want.

arcon5

Hintza wrote: »

Appeal Court Case law (Bernstein v Palmerston Motors 1987) has held that the supplier must be given three chances to rectify the fault for which the goods are rejected and must have failed to do so.

From what I found relating to this case, the issues arose after the goods had been accepted and a fault subsequently arose. Ops had his car for 3 days only.

CynicalScotsman

BMW FS now looking at things. Update from garage is that part to repair car will not be in Germany until end Sep so id be looking 1st/2nd week in Oct for getting my car back.

I cannot see on what planet this would be regarded as reasonable! Had car for 3 days and now waiting a month for repair minimum. Definitely keen to reject car now but garage still taking view a part is available and the car is still drivable even though it making an awful noise. Suppose it is really up to BMW FS though.

ValHaller

arcon5 wrote: »

Id I spent god knows how many many £Ks to buy a brand new car, I would certainly be very wary if a component like the fuel pump was faulty within 3 days. If we was talking about something like a tear in the tyre or something then perhaps this could be deemed so immaterial that it would be unreasonable to reject it, but that's not really the case here imo.

If the problem is a generic problem with that type of fuel pump and the fix is to replace with a different type, I think that this too would be sufficiently immaterial that it would be unreasonable to reject. But I would expect the fix not to be unreasonably delayed.

visidigi

CynicalScotsman wrote: »

BMW FS now looking at things. Update from garage is that part to repair car will not be in Germany until end Sep so id be looking 1st/2nd week in Oct for getting my car back.

I cannot see on what planet this would be regarded as reasonable! Had car for 3 days and now waiting a month for repair minimum. Definitely keen to reject car now but garage still taking view a part is available and the car is still drivable even though it making an awful noise. Suppose it is really up to BMW FS though.

Its only acceptable if you are in a car of equivalent or better specification.

They are a car dealer. They have the car to give you, you must push them for it. A colleague of mine had a three month old M3, the coil pack failed, they pulled the whole 'we can't get one for a week' - they had an M3 in the showroom - that afternoon it was striped from the showroom car and fitted to his car.

Thats a point, wonder if they have a shiny z4 in the dealer...

CynicalScotsman

BMW FS called back having considered "evidence" from dealer and BMW UK. They state that my complaint does not meet parameters for rejection given the fact there is a fix to the problem and that I can technically still drive the car despite it being noisy. They do not seem willing to have much of a discussion around "reasonable time" which is of course subjective and it is going to be MINIMUM of a month. They have said there will be talk of good will gesture at time of repair.


Kind of against a brick wall in my discussions with them now. Keen to explore you guys thoughts re : whether consulting a lawyer will help me here? I have contacted local trading standards officer and waiting a call back to get their opinion also.

CynicalScotsman

Hi all - Thanks for all advice along the way. Just a quick update to let you know that after careful reading of the Supply of Goods Act and putting some choice references down in some formal correspondence giving them 7 days to response REJECTION WAS SUCCESSFUL.

The car has now been returned to the dealership and agreement settled. I now have a nice new car in perfect working order.