Car warranty

cameron1981

Hi I bought an 09 plate bmw from Evans halshaw on 14/12/16. After a day or so the car was starting to feel sluggish and started cutting out. On the 20th the engine management light came on so I phoned them up and returned it the next day 21/12/16. After the first week of it being back at Evans halshaw I phoned to get details on the problem, they told me they were sending it to bmw to get it fixed. So as the weeks went by I had probably phoned around 15 times for info. All I kept getting told was they were waiting on bmw getting back to them. I went through to bmw as my work fob key was in it and I was needing it. While I was there I asked what was going on, I was told they were waiting on the parts being authorised. I got back in contact with halshaw and I was told he needs the principle to ok the money as it was costing over £1000. Again not my problem as they'd need to pay to get it fixed. 1 month later I'm on the phone and was told they okd the money and work has started on it. 5th week (today) I phone and was told bmw are not going to fix it for some reason.

What do I do? Surely I can hand it back and get the finance settled by them? I had the car 6 days or so and the other 5 weeks has been with them. I'm going through tomorrow to see them but don't actually know what to say. I'm well within my warranty and obviously sold a car not fit for purchase.

Any help would be appreciated

dieselv2

If BMW aren't going to fix it, then they may be looking at ending the agreement or look into giving you a new car.

After having a car for 6 days and then take it off you for 5 weeks is unacceptable I'd say.

david_a

Even though you have the car 5 weeks you can still reject the car under the short term right to reject as the clock stops whilst the car is with the garage. If you bought the car on hire purchase you need to talk to the finance company.

bris

Rejection rights are 30 days from purchase. you gave them a chance to fix it so you need to let this play out now. if they don't fix it you can then reject it but it's not in you're hands just yet.

cameron1981

Yes it's on HP. I got messed around for 5 weeks because of the price it was going to cost to fix it. To be honest it shouldn't matter what price because it'd still need to be fixed. I'm going to phone the finance company tomorrow and let them know the situation but I'm guessing evans halshaw will need to buy it back from them in order to end the finance? There is no way I'll take the car back. Especially after having it for only 6 days. I've lost alot of money due to this, trade in, deposit, deposit for new insurance, finance payment.

cameron1981

Rejection rights are 30 days? I never got a chance because they kept it at bmw and fobbed me off with excuses. Surely there is a warranty with cars. I'm sure I've read everything by law has warranties. And this was not fit to be sold

cameron1981

If bmw can't fix it then evans halshaw can't.

wealdroam

cameron1981 wrote: »

Yes it's on HP.

Is it actually a Hire Purchase Agreement, or perhaps a Personal Loan?

Forgive me for querying this, but many people talk about personal loans as 'HP'.

The distinction is important.

RoonilWazlib_2

cameron1981 wrote: »

Rejection rights are 30 days? I never got a chance because they kept it at bmw and fobbed me off with excuses. Surely there is a warranty with cars. I'm sure I've read everything by law has warranties. And this was not fit to be sold

Not everything has warranties but your statutory rights still apply.

See post 3 - already been answered as to why the delay doesn't affect your rights. As wealdroam says, the type of finance you have is key to determining your next move

cameron1981

It's definitely a hire purchase from motonovo finance

bris

RoonilWazlib wrote: »

Not everything has warranties but your statutory rights still apply.

See post 3 - already been answered as to why the delay doesn't affect your rights. As wealdroam says, the type of finance you have is key to determining your next move

The key point here is that instead of rejecting the car the OP gave them a chance to fix it, so no it can't be rejected now.