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Who decides if car is unsatisfactory?

nicola8525
nicola8525 Posts: 20 Forumite
Tenth Anniversary 10 Posts Combo Breaker
edited 19 July 2016 at 2:08PM in Consumer rights
My husband bought a BMW (340i) without seeing it from aBMW dealership in the south of England. The car, being only 6 months old, was still under warranty and, as youexpect for a car of that age, did not have any faults described. We live in the North of Scotland sotravelling to test-drive the car was not an option so the purchase ofthe car was concluded over email/phone and on the basis that the car was insatisfactory condition upon receipt. Hereceived the car on the 25th May. Within a few days of having the car, my husband noticed a tickingnoise coming from the bonnet. He reported this to the seller on 30th May who told him totake it to our local BMW dealership for repair. The mechanic that inspected the car when it first arrived said that thenoise did not sound right and they would inspect further. After various checks, replacing some partsand raising a special case with BMW Manufacturing my husband was told that theycould not identify where the noise came from and that the noise was usual acoustics.



The engine is relatively new and not very common so it’s proving very difficult for us tocompare to other cars with this engine to verify it is indeed usual acoustics.



My husband has since complained to BMW saying he would nothave bought the car if he knew about the noise and they have agreed the caseneeds to be looked into further by the dealership in England. The dealershipsaid they wanted a chance to repair the car themselves and collectedthe car last Monday (11th July). After being there for almost a week, the garage phoned on Friday (15th)to say they were about to start looking at the car. My husband chased them up yesterday (18th)and was told that the mechanics believed that the noise was normal acoustics forthe engine. They have also said theywill check against another 340i which is on order and will be arriving withinthe next 24-36 hours.

Having spent almost £30k on the car, my husband does notwant to keep it if the noise cannot be fixed and has been more than patient intrying to get it resolved. Although wehaven’t yet got down to the nitty gritty, given the reluctance and delay to get the issue solved so far, we don’t feel the dealership are going to agree to a refund. Under the consumer rights act, we believe he would have been entitled to a refund within 30 days, no questions asked seeing as he was a distance buyer. However, this period has now lapsed (althoughthe car has been in the garage for at least 5 weeks out of the 7 week period). We believe after 30 days, he does not have as much right to a refund but still has some rights if the car is faulty or “not satisfactory”. My question is, if the dealership says the car is satisfactory but my husband says it is not, who decides?? Where does my husband stand?
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Comments

  • wealdroam
    wealdroam Posts: 19,181 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    nicola8525 wrote: »
    My question is, if the dealership says the car is satisfactory but my husband says it is not, who decides??
    A court of law.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    wealdroam wrote: »
    A court of law.

    Although complicated by the buyer living in Scotland and the seller operating in England.
  • unholyangel
    unholyangel Posts: 16,864 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP, the 30 day period stops running once you agree to the repair

    http://www.legislation.gov.uk/ukpga/2015/15/section/22

    As for the actual question....it would be for your husband to show the car fails to conform to contract. It would be for the dealership to show the lack of conformity was not inherent.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • agrinnall wrote: »
    Although complicated by the buyer living in Scotland and the seller operating in England.

    It needn't be if the buyer is willing to travel to England.
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    Just how bad is this ticking noise???
    "You were only supposed to blow the bl**dy doors off!!"
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    It needn't be if the buyer is willing to travel to England.

    I haven't looked into it recently but I believe it's not possible to use Small Claims track in England if the claimant doesn't have a home address in England, so the full court process, with higher costs, would have to be used.
  • takman
    takman Posts: 3,876 Forumite
    1,000 Posts Combo Breaker
    Well firstly I disagree that travelling to test drive the car was an option and you should never buy a car (especially a £30k) without even test driving it!.

    I once travelled 600 miles round trip to look at a car with a friend because I told him you should always view a car before you buy it!.
  • £30k and he did not go see it wow..................
  • nicola8525
    nicola8525 Posts: 20 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Just how bad is this ticking noise???

    It's a noticeable tick - not deafening but you can hear it when the stereo is on. He says he can also feel it when pressing on the accelerator.
  • NotRichAtAll
    NotRichAtAll Posts: 890 Forumite
    Tenth Anniversary Combo Breaker
    what happens in idle/drive does the ticking noise get faster with more rpm? if so it could possibly be a valve knocking, it could also be a tiny exhaust leak that can sound like a tick but would not explain how he can feel it.

    On a lean mixture under acceleration a noise known generally as 'pinking' - clicking as in rattling. You need to check the vehicle for an air leak, (maybe a vacuum hose come off), oxygen sensor on bank 2 not working, or a knock sensor having failed.

    Do you have any system lights showing on the dash or error codes? it maybe worth buying a cheap obd2 plug and see if there are any stored fault codes in the car.

    hope you get it sorted
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