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BMW in breach of PCP contract?

Harryradders
Harryradders Posts: 3 Newbie
edited 2 March 2019 at 7:21AM in Loans
I am over halfway through a 49 month PCP with BMW. The car (5 Series) has been taken by BMW as part of a recall but they are unable to advise when it will be returned, so far they have had it for 7 weeks. I have been given a small loan car (not like for like) and I am of the view that they are in breach of contract as under the agreement they state that they agree to hire me the vehicle which I don't have through no fault of my own. I am still obviously paying my monthly instalments but with no car. I am aware that I can cancel the agreement myself but I want to also claim for other expenses that I have incurred as a result of being without the vehicle. So, am I able to sue them to get the contract cancelled and claim back for the period that I haven't had the car plus the expenses?

Comments

  • No.

    You've been given a car while they fix yours. If the current one is insufficient, ask them for one closer to the existing spec.
  • I have asked and they have refused.
  • fwor
    fwor Posts: 6,880 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What does your contract say about the provision of a vehicle while yours is not usable, and what type of vehicle that should be?

    That will be a major factor in deciding whether they have been in breach of their agreement with you.
  • The contract is silent regarding a replacement vehicle. My concern is BMW Finance (UK) Ltd will state that the lack of spare parts is beyond their control and therefore they are not liable even though its BMW AG or BMW (UK) Ltd that caused the problem in the first place.
  • Nasqueron
    Nasqueron Posts: 11,047 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Get in writing that they refuse to give you a matching car spec etc, will all help to have documentary evidence if you do wish to make a complaint. That said, if your contract doesn't guarantee like for like, what is the issue?

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    To make a claim you will need to show that the courtesy car you have has made you financially worse off.
    Apart from your pride are you financially worse off at all?
    (You could be better off as you are probably using less fuel!).
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