Rejecting a car purchased from dealer.

Dafne · 2 November 2013 at 2:18PM

Spoke to my solicitors again, they said that there is enough to look at misrepresentation, or goods of unsatisfactory quality. They've told me to explore the normal routes (i.e. resolution between myself and dealer) first, but they're happy to proceed with it if I don't get anywhere myself.

Its a small relief, but obviously not out of the woods yet.

harveybobbles · 2 November 2013 at 9:13PM

Was the reply from their MD you posted copied direct or have you written it?

When the vehicle was in our possession we took the vehicle to Cooper BMW Croydon for assessment and they confirmed it would need the recall carrying out.

I read this as they took the car to Cooper BMW and they agree that the RECALL needs doing? By Cooper saying this, this would suggest that they have assessed the car?

If the response was the REPAIR needs doing then it would be different.

Recall is something the manufacturererer does when there is a known fault.

Joe_Horner · 2 November 2013 at 9:32PM

harveybobbles wrote: »

Was the reply from their MD you posted copied direct or have you written it?

I read this as they took the car to Cooper BMW and they agree that the RECALL needs doing? By Cooper saying this, this would suggest that they have assessed the car?

If the response was the REPAIR needs doing then it would be different.

Recall is something the manufacturererer does when there is a known fault.

I'd suggest that it was just slightly imprecise wording by the dealer. You're right that technically the recall includes cars that may not have a problem because the aim is to inspect them to catch the ones that do.

But, in this case, there is a problem - the cracking was known even before Coopers saw it and cracking indicates that some form of repair is needed.

So it's a fair bet to say that Coopers will have "inspected and said that the boot floor needs replacing", not "inspected and said they need to inspect it" because that's the only logically reasonable interpretation.

That interpretation is backed up even more by the fact that there never was an "official" recall for this fault. All recalls notified to VOSA (ie: all the official ones) can be searched at http://www.dft.gov.uk/vosa/apps/recalls/default.asp and there's nothing there under 3 series, M3 or E46 regarding floor cracking.

Dafne · 2 November 2013 at 10:27PM

The reply was copied verbatim.

Dafne · 3 November 2013 at 1:27AM

I spoke to Coopers BMW, who confirmed that it was properly inspected, in the same manner as the specialist who it is with at the moment. It would have been stripped down and the faults recorded.

They also confirmed that they do not keep further records of these claims, other than to say whether or not the claim was accepted.

colino · 3 November 2013 at 11:01AM

I don't believe for a second that the car was stripped down for inspection. It involves too much work to do that, and as well as the obvious cracks on the bend of the boot floor, the seat of most of the important problems are underneath the void bushes that attach the rear subframe to the boot floor.

Dafne · 3 November 2013 at 11:05AM

Its about four hours labour. There were no cracks on the inside of the boot floor. I've no reason to disbelieve BMW and I have no issue with them, as I thought it was unlikely that they'd honour any claim based on the age of the car anyway.

colino · 3 November 2013 at 11:10AM

If you get a decent torch and the car has major cracks, you will be able to see the cracks on the boot floor at the front of the boot where it bends up 90degrees. They are small and many people do dismiss them just as underseal lifting. You will not see anything inside the boot but that has to be opened up to reinforce the car properly.