section 75 & car finance loan for a BMW

MRnottingham

Hi,
i need some sound advice and help,

i have a vehicle that i bought as approved used from a bmw authorised garage, my dream purchase ,
i took a finance loan with barclays who paid the majority of the loan to the bmw garage, ive made all my payments and im upto date,
immediatly i started noticing things going wrong, there was previous damage to the vehicle that had poorly been repaired and 3 years laters it looks even worse, i also in the first year of the loan and the car still under approved used warranty noticed the rear suspension damaged and the b,mw garage continually fobbed me off, it made me depressed to the point i nearly wanted to kill myself as they branded me a liar

i had the suspension repaired for a cost of £500 at another garage, and other vechile garages have said the car looks terrible as the panels are all out of allinghment and the car was most likely had several impacts in the past before i bought it, i wasn't made aware of this when i purchased the car, also the 14 day cooling off period was more like 3 days , as the salmon delayed the pickup date saying the car was being prepared, i found later they had been driving it around as courtesy car or show room test car in that period and put on extra miles
i also found the food and chewing gum in the car

basically a previous repair done to the car shows the back door is a different shade colour from the rest of the car, the rear wheel arches are not remotely in the original shapes, and this coupled with the suspension failures which i had repaired recently and the fact the car sits slanted and is slightly tilted and the door panels on the whole car are so un even its made the car resale value pretty low compared to what it should be

i recently asked my loan company barclays for help before i take them to court , as the car is nice but its clear to see their has been previous damage no caused by me in the past, enough to put any future purchaser not to buy the car,

can anyone advise what a section 75 is and who will claim the money for me and what this will all involve or if the section 75 will work in my favour,

its a massive nightmare that i just wish i never set foot in sytner bmw garage

MRnottingham

and to add, i have exhausted all complaint with bmw and the car garage it self , to the point where i was no longer welcome as a customer, basically they threatened me with their solicitors once i sent a letter outlining taking them to court

[Deleted User]

MRnottingham wrote: »

, as the salmon delayed the pickup date saying the car was being prepared,

What salmon?!

flashg67

Does this apply to you:-

'Section 75 offers protection for items or services valued from £100 to £30,000, of which at least part of the purchase (such as a deposit) was made with a credit card'.

I fear that 3 years + down the line, you may be too late to claim for faults which appear to have been apparent much earlier, sorry.

MRnottingham

sorry mean sales man

MRnottingham

i can understand a court or and external person or judge would say 3 years is very long time, but i tried everything in the first 1.5 years,

my wife has a long terms illness and we just had a baby 2 years ago, in a way i think the sales man "took advantage " off my mental state,

into the 2nd year my depression was kicking in i felt suicidal over this car and being done by bmw , their didnt care less,

not a good situation when you have with different coloured body panels, but the their or a previously repaired area is really showing through,

everyone who looks at it is shocked by the level of how bad they have made it look

MRnottingham

yes the purchase price was £14000

Shakin_Steve

I can see you are disappointed both with the car and the way in which it was sold to you but, to be honest, I think letting three years pass before making a stand is just too long.
Was there any correspondence between you and the garage and, if there was, do you have copies? Any damage regarding bodywork is just your word against theirs, you've had it three whole years!
Maybe someone else will be able to give you advice, but I just can't see you getting anywhere with this one. Sorry.

McKneff

Salesman maybe lol ???

waamo

For £14k I would see a solicitor. You can often get a half hour free to see if they think you have a case.

Mobeer

The big difficulty I can see is that the Sale of Goods Act (for purchases pre-2015) requires after more than 6 months of purchase that you prove the car was faulty at the time of purchase. You need to think about what evidence you have to support such a claim.

- The vehicle was damaged and repaired before you purchased it
> Do you have evidence the damage existed before purchase?
> Do you have records of this being discussed\not mentioned during the purchase?
> Do you have a record of when you find out about the damage and what action you took?

- During your first year of ownership you noticed the rear suspension was damaged
> Can you show that the damage existed before you bought the car?
> Can you prove the garage 'branded you a liar'?
> Did you have contact with any other BMW garage, or BMW UK?