BMW X3, broke after 5 months. Dealer says they only give 3 months warranty

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Very common fault, and it was not faulty when sold.

colino wrote: »

Please don't go back to the Trader with a, "think of the children" argument. It's rubbish and you both know it. Why not suggest that if you find a real BMW indie to properly diagnose the fault, he makes a contribution to the repair?
I'd bet a pound to a penny that the plastic actuator wheel in the transfer box has stripped. Some owners don't even change the wheel, they turn it around so that a fresh set of teeth are in engagement.

Plenty of youtube videos on how to fix it.

You can even buy the part from an independent supplier in the USA (where people are more inclined to get the hammer & spanners out than pay dealer prices)

As Colino says, you can simply pull it apart clean out the casing and rotate the gear 180 degrees for no cost, and another 60,000 miles of use. Probably an hour at an independent, but you won't get a guarantee.

C_Mababejive

motorguy wrote: »

No it doesnt take precedence.

A dealer can write what he likes on the invoice but it doesnt change your rights under the SOGA

Agreed although if what is written is reasonable then it must be weighed in the balance. I'm sure the length of warranty and what is covered is stated though of course we are outside the warranty period.

Would it be reasonable for the dealer to know or suspect that the transfer box might fail? Unlikely.

How long would any tenuous responsibility under SOGA last? Well the final arbiter would be a civil court which of course can cost money also .Best to have a balanced discussion with dealer and see where it goes..

I know you can get a win under SOGA as ive done it myself and won despite many scorning me on this forum so all is not lost.

harveybobbles

Reading this with my motor trade hat on, I see this..

"I paid £1600 to have fault fixed and now I would like the dealer to send me a cheque.."

do you think we just sit there with an open cheque book?

The fact you have paid to have the fault fixed suggests that you have accepted the fault and agreed to have it repaired.

You should have pushed the dealer harder in the first place you might have got them to pay towards it.

captainawsome

I don't see what the problem is? Dealer sold a car with 3 months warrenty. 2 months after it expired something broke (not developed, just failed). It's bad luck, but cars brake and in this case nobody could have predicted it.

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harveybobbles wrote: »

Reading this with my motor trade hat on, I see this..

"I paid £1600 to have fault fixed and now I would like the dealer to send me a cheque.."

You should have pushed the dealer harder in the first place you might have got them to pay towards it.

With my reasonable hat on, I can't see the dealer paying £1600 for a sub £200 "mates rates" fix. In fact, if their "BMW specialist" had googled "X3 transfer fault" they could likely have done the gear turning bodge in under an hour, and it would have stayed fixed for quite some time.

If you are going the SOGA route, I believe that the supplying dealer has to have a chance to fix it.

motorguy

C_Mababejive wrote: »

Agreed although if what is written is reasonable then it must be weighed in the balance. I'm sure the length of warranty and what is covered is stated though of course we are outside the warranty period.

Would it be reasonable for the dealer to know or suspect that the transfer box might fail? Unlikely.

How long would any tenuous responsibility under SOGA last? Well the final arbiter would be a civil court which of course can cost money also .Best to have a balanced discussion with dealer and see where it goes..

I know you can get a win under SOGA as ive done it myself and won despite many scorning me on this forum so all is not lost.

Its important not to confuse a "Warranty" that a dealer may put on a car, with "warranting the condition of the car" which the dealer has to do under the SOGA.

This is usually for a period of approx 6 months, so it matters not that the car had a "warranty" for three months.

BUT if the O/P has actually spent the £1600 without giving the dealer the chance to resolve it, then thats a big blow to their chances of getting the dealer to pay for it, either through the courts or otherwise.

motorguy

captainawsome wrote: »

I don't see what the problem is? Dealer sold a car with 3 months warrenty. 2 months after it expired something broke (not developed, just failed). It's bad luck, but cars brake and in this case nobody could have predicted it.

Again, dont confuse an add on warranty with a set timeframe with what a dealer must provide under the SOGA.

AdinUK

Thank you all for your comments. My question was primarily focused on any statutory consumer law around car warranties. The brand of the car is kinda irrelevant, but thanks for the benefits of your opinions

A couple of additional points:
1. All the googling on x3 transfer boxes and worn plastic gear wheels don't apply. The fault was in the box itself, not the actuator. They tried replacing the gear, then the actuator and neither worked. This wasn't the fault. Tried that. Didn't work.
2. The dealer's mate is an independent bmw guy had diagnostic kit. He diagnosed the fault as not the actuator, but the transfer case itself. It was the dealers recommended repairer who said to take it to bmw the official workshop. He wasn't equipped to do the repair himself.
3. I paid the repair myself because I couldn't afford to be without the car.

I realise it is very unlikely to get the dealer to refund me the money for the repair. I just wanted to know if there was any legal obligation by motor traders in the UK. The consumer law in Australia, where I lived prior to coming to the UK 8 months ago, is a little clearer.

colino

Well done, in all the years that BMW "X"s have been through my hands, you have found the one broken transfer box, that is not the plastic actuator wheel that is at fault. Bypass your lying specialist and take it to BMW themselves. I'm sure they will enjoy the legal debate.

Hyperxr

AdinUK wrote: »

Thank you all for your comments. My question was primarily focused on any statutory consumer law around car warranties. The brand of the car is kinda irrelevant, but thanks for the benefits of your opinions

A couple of additional points:
1. All the googling on x3 transfer boxes and worn plastic gear wheels don't apply. The fault was in the box itself, not the actuator. They tried replacing the gear, then the actuator and neither worked. This wasn't the fault. Tried that. Didn't work.
2. The dealer's mate is an independent bmw guy had diagnostic kit. He diagnosed the fault as not the actuator, but the transfer case itself. It was the dealers recommended repairer who said to take it to bmw the official workshop. He wasn't equipped to do the repair himself.
3. I paid the repair myself because I couldn't afford to be without the car.

I realise it is very unlikely to get the dealer to refund me the money for the repair. I just wanted to know if there was any legal obligation by motor traders in the UK. The consumer law in Australia, where I lived prior to coming to the UK 8 months ago, is a little clearer.

No, you don't have a strong case at all if things were to escalate further. I would cut my losses and move on. Avoid BMW like the plague, terrible cars, poor reliability and expensive to fix