S/H BMW bought from a dealer: Problems! Where do I stand?

Major_Sarcasm

Hi Guys

On Saturday 15th October, I bought a 2008 BMW 123d from a car dealer in South Wales having traveled from the Isle of Wight. Rather than go into too much detail now, I'll let the texts and emails tell the story. When the saga has been read (if you're tenacious enough to get through it), I'd like to know where I stand legally as the dealer is now not replying to emails or texts.

Sorry about the links, as a new user I'm not allowed to post them, you'll have to copy/paste unless some kind soul can edit my post to include the image tags that I'm not allowed to use.

First of all, the advert that I saw including the descriptive text.
i.imgur.com/ZIPKuMT.jpg

Then, a series of texts to the garage (after a call that I made initially to talk about the car). Note that I buy the car and then text after the journey back to the Isle of Wight ferry.
i.imgur.com/qzSB61l.jpg
i.imgur.com/xqDJaPI.jpg
i.imgur.com/eBZop9v.jpg

On Monday 17th, I visited a garage local to me and got the car plugged in to a fault code reader. The codes were:

4A07 Alternator
4A10 Bit Serial Data Interface BSD
4B37 Oil Condition Sensor
4A27 Intelligent Battery Sensor

I sent a picture of the codes (can't get the image to upload for some reason) to the email address he supplied and then followed it up with a text and a call on the 18th. At this point, during the call, I asked about bringing the car back to him for a refund. He stated that I didn't have grounds for return. The seller did however commit via phone to supply an oil sensor to a local garage and get them to contact me for fitting. The call occurred between the two texts, the second text suggested a local garage where he could send the sensor (a different garage to the fault code reader used previously).
i.imgur.com/V5dsGwu.jpg

On the 22nd, I sent another text, requesting information about the oil sensor.
i.imgur.com/yotHoup.jpg

On the morning of the 24th, I got this reply.
i.imgur.com/hqakEIg.jpg

As I was pretty sure he wasn't going to follow through on his promises, on the evening of the 24th, I wrote this lengthy email.
i.imgur.com/8jfKf9P.jpg

On the 26th, I texted (I really didn't want to talk to him), asking if he had received the email and noting that the car has an oil leak.
i.imgur.com/SkI1RAI.jpg

On the evening of the 26th, I received this rather short email with a pdf of my MOT attached.
i.imgur.com/xJlyvgi.jpg

In response, I sent this email, no reply to date.
i.imgur.com/pPWl7PF.jpg

On the 4th November, I sent this text. Still no reply to either email or text.
i.imgur.com/ClibNCy.jpg

So I have a car with some problems and some stuff that doesn't work. I've asked for a refund via phone (he refused). I've suggested via email that a refund would be best, he didn't reply. I've asked for a refund via text, no reply.

What do I do now? Should I set a deadline for a plan of action to get the faults rectified? If that deadline is missed, should I then get the faults fixed and try to recover the money?

I thank anyone dedicated enough to wade through that little lot and give me some badly needed advice!

parking_question_chap

Age and model might help.

Major_Sarcasm

It's in the 1st image link but I've added the age and model to the 1st paragraph.

Thanks.

Rain_Shadow

Major_Sarcasm wrote: »

Hi Guys

On Saturday 15th October, I bought a 2008 BMW 123d from a car dealer in South Wales having traveled from the Isle of Wight. Rather than go into too much detail now, I'll let the texts and emails tell the story. When the saga has been read (if you're tenacious enough to get through it), I'd like to know where I stand legally as the dealer is now not replying to emails or texts.

Sorry about the links, as a new user I'm not allowed to post them, you'll have to copy/paste unless some kind soul can edit my post to include the image tags that I'm not allowed to use.

First of all, the advert that I saw including the descriptive text.
http://i.imgur.com/ZIPKuMT.jpg

Then, a series of texts to the garage (after a call that I made initially to talk about the car). Note that I buy the car and then text after the journey back to the Isle of Wight ferry.
http://i.imgur.com/qzSB61l.jpg
http://i.imgur.com/xqDJaPI.jpg
http://i.imgur.com/eBZop9v.jpg

On Monday 17th, I visited a garage local to me and got the car plugged in to a fault code reader. The codes were:

4A07 Alternator
4A10 Bit Serial Data Interface BSD
4B37 Oil Condition Sensor
4A27 Intelligent Battery Sensor

I sent a picture of the codes (can't get the image to upload for some reason) to the email address he supplied and then followed it up with a text and a call on the 18th. At this point, during the call, I asked about bringing the car back to him for a refund. He stated that I didn't have grounds for return. The seller did however commit via phone to supply an oil sensor to a local garage and get them to contact me for fitting. The call occurred between the two texts, the second text suggested a local garage where he could send the sensor (a different garage to the fault code reader used previously).
http://i.imgur.com/V5dsGwu.jpg

On the 22nd, I sent another text, requesting information about the oil sensor.
http://i.imgur.com/yotHoup.jpg

On the morning of the 24th, I got this reply.
http://i.imgur.com/hqakEIg.jpg

As I was pretty sure he wasn't going to follow through on his promises, on the evening of the 24th, I wrote this lengthy email.
http://i.imgur.com/8jfKf9P.jpg

On the 26th, I texted (I really didn't want to talk to him), asking if he had received the email and noting that the car has an oil leak.
http://i.imgur.com/SkI1RAI.jpg

On the evening of the 26th, I received this rather short email with a pdf of my MOT attached.
http://i.imgur.com/xJlyvgi.jpg

In response, I sent this email, no reply to date.
http://i.imgur.com/pPWl7PF.jpg

On the 4th November, I sent this text. Still no reply to either email or text.
http://i.imgur.com/ClibNCy.jpg

So I have a car with some problems and some stuff that doesn't work. I've asked for a refund via phone (he refused). I've suggested via email that a refund would be best, he didn't reply. I've asked for a refund via text, no reply.

What do I do now? Should I set a deadline for a plan of action to get the faults rectified? If that deadline is missed, should I then get the faults fixed and try to recover the money?

I thank anyone dedicated enough to wade through that little lot and give me some badly needed advice!

Phew! Good luck everyone.

AdrianC

Major_Sarcasm wrote: »

On Saturday 15th October, I bought a 2008 BMW 123d

So an eight year old car.

Sorry about the links, as a new user I'm not allowed to post them, you'll have to copy/paste unless some kind soul can edit my post to include the image tags that I'm not allowed to use.

First of all, the advert that I saw including the descriptive text.


Then, a series of texts to the garage (after a call that I made initially to talk about the car). Note that I buy the car and then text after the journey back to the Isle of Wight ferry.




On Monday 17th, I visited a garage local to me and got the car plugged in to a fault code reader. The codes were:

4A07 Alternator
4A10 Bit Serial Data Interface BSD
4B37 Oil Condition Sensor
4A27 Intelligent Battery Sensor

I sent a picture of the codes (can't get the image to upload for some reason) to the email address he supplied and then followed it up with a text and a call on the 18th. At this point, during the call, I asked about bringing the car back to him for a refund. He stated that I didn't have grounds for return. The seller did however commit via phone to supply an oil sensor to a local garage and get them to contact me for fitting. The call occurred between the two texts, the second text suggested a local garage where he could send the sensor (a different garage to the fault code reader used previously).


On the 22nd, I sent another text, requesting information about the oil sensor.


On the morning of the 24th, I got this reply.


As I was pretty sure he wasn't going to follow through on his promises, on the evening of the 24th, I wrote this lengthy email.


On the 26th, I texted (I really didn't want to talk to him), asking if he had received the email and noting that the car has an oil leak.


On the evening of the 26th, I received this rather short email with a pdf of my MOT attached.


In response, I sent this email, no reply to date.


On the 4th November, I sent this text. Still no reply to either email or text.

You are still - just - within 30 days from purchase, so you have a legal right to a full refund. It's that simple. Get a letter in the post, signature required, today.

As far as the MOT's concerned, a PDF is useless. Mind you, the original paper certificate is actually fairly meaningless these days, too - it's just a receipt, officially. The official main record is online, and is easily checked (together with the full history) at https://www.gov.uk/check-mot-history

Should you end up keeping the car, you can apply for a V5C in your own name using a V62 form, cost £25. The previous keeper's shenanigans and disagreement with the vendor are irrelevant.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/471730/V62_030815.pdf

searchlight123

was the car price under £10k? if it was i would send the dealer a 'letter before action' by recorded mail - not by email, detailing the faults once again and giving him 7 days to either pay for the repairs (get a couple of quotes from reputable local dealers and include these in your letter) or to issue the refund.
failing any action from the dealer i would issue a small claims action against them. i'm sure they will not allow it to get to that stage as you have a good amount of dated, documented evidence that would constitute a strong case for you in court.

are you a member of the AA or similar. it may well be that you have some form of legal cover with them (or your household insurers) to obtain further free advice?

Rain_Shadow

1. No MoT cert. But you had seen it so a minor niggle and you have it now.

2. No V5. That would have put me off.

3. No Service History. That wouldn't necessarily have put me off but the trader lying about having one would have.

4. A/C not working. Was it working when you tested it before you bought? I'm guessing not.

5. Stop/Start not working. See a/c.

6. 7. 8. Should all be fixed by the supplying dealer but he wouldn't be doing it for me because I'd have been on the train home.

Looks like you've fallen into a number of traps.

Buying miles from home and hence investing time and effort that you are reluctant to write off.
Not testing everything you can before buying.
Ignoring major warning signs like lack of V5, lack of promised paperwork etc.

I think you are on an uphill path here.

mvteng

Just to give you a little BMW information

Rain_Shadow wrote: »

3. No Service History. That wouldn't necessarily have put me off but the trader lying about having one would have. Its held on the car key, its not a paper document. If you take the key to a BMW dealer they will scan & tell you the service history (if it has any)

5. Stop/Start not working. See a/c. Its cold now. Mine often doesn't work in the cold either (especially with lights / wipers / etc on). May not necessarily be faulty

tykesi

gilberto wrote: »

Don't know why you're surprised, it's a BMW. They are inherent to faults as reliability isn't exactly their strong suit. And when it goes wrong it's usually ££££££ to fix properly.

Any chance of that in English?

Anyway, what about the M3, isn't that the bestest car in the world EVER?

Iceweasel

The bit of A4 paper MoT means nothing it's what is on the MOT data base which is the REAL MoT that matters.

I also agree with mvteng that the auto stop/start may not work in cold weather. There ia whole series of conditions that need to be met - running the heater at full, heated rear screen, or headlights being on will prevent it turning off as you might expect - and of course it doesn't work unless the engine is fully up to temperature.

How are you using the AC - is it AC or is it Climate Control?

If it is basic AC then you set the temp to 16 (which is the minimum) and you should get icy cold air.

If it is Climate Control then just set the system to 'auto' make sure that the 'snowflake' button is lit, and set the fan-speed to min. You should NOT be aware of cold air coming from the vents but you can check that the CC is working by seeing how quickly the screen demists - holding a cup of hot water near the screen helps if the screen hasn't any condensation.

Check the handbook for more AC or CC info.

All the service history is on the key-fob which any BMW dealer will read and print out for you for free.

You can also see what servicing is required next from the BC button on the left hand stalk.

Best join a BMW forum for more friendly advice and info.

Try this one:

http://www.bmwlander.co.uk/index.php?forums/

others are available, as they say.

Good luck.

dannyrst

AdrianC wrote: »

You are still - just - within 30 days from purchase, so you have a legal right to a full refund. It's that simple. Get a letter in the post, signature required, today.

I thought as long as the faults had been highlighted and the car wasn't being used, the 30 day refund period was halted until both parties agree to a refund or suitable alternative?