Hire purchase short fail repayment

RJordan

I had BMW on hire purchase for £18000 and paid off £16500 back. About 6 months the end of HP the car seize the engine due to manufacture fault which is known issue in 1, 3, 5 series . I had to pay £1500 for just checking the car with the dealer to tell me that the car is worthless. I had to buy new car as i need to commit to work ASAP and adding more cost. The BMW insurance did not cover damage as there is no accident and also GAP insurance did not cover anything as there is no accident. I lost the car and £18000 plus new car cost. The finance company canceled the contract as I couldn't afford to pay anymore . At the time I owned £1500 for the BMW and finance company added additional nearly £3000 for recovery the car and cancellation fee. The finance company sold the car on action for £2500 and now demanding £2500 nearly to pay back. I haven't contacted them as I can't afford any payment.
Wandering what they can do and what are my rights to get out of this.

TadleyBaggie

If there was indeed a known manufacturing fault then consumer rights should have come into play. This would have been against the dealer that sold you the car, and not BMW.

RJordan

Yes there was watchdog investigation few years back for BMW timing chain fault and lots of complains recorded people lost lot of money just after car warranties expired and left with scrap metal and out of pocket. Not sure what can be done against the dealer in this case as for sure there is some small shrift policy written to protect them.

jonesMUFCforever

RJordan wrote: »

Yes there was watchdog investigation few years back for BMW timing chain fault and lots of complains recorded people lost lot of money just after car warranties expired and left with scrap metal and out of pocket. Not sure what can be done against the dealer in this case as for sure there is some small shrift policy written to protect them.

When did you find out about this? What did you do about it at the time?
Did you get a recall letter at all to look at your car?

RJordan

The BMW has recalls in europe but not in UK . There is BBC report here
bbc.co.uk/programmes/articles/23p5j5wzPtYflS7kFvmKVZf/bmw-deny-engine-failures-are-due-to-manufacturing-fault
Cannot post full URl add http://
Also i found somewhere the BMW manufactory report and recall . I can dig up and find it. In the UK BMW did not recall any cars . The report says there is manufactory design fault but they blunt it in UK

BMW says that the timing chain design is meant to be for life and never need changing like other cars. The timing chain is on the back of the engine and cost over £3000 to change it if need it where normal car is approx £200

Here is another BBC report bbc.co.uk/news/business-44068042

I didn't get recall letter. I found out after that and research the issue. I spoke to BMW manufacture but they said the car is out of warranties.

jonesMUFCforever

In that case - bad luck!

RJordan

Yes i would say so . Big lost and hoel in the pocket

boo_star

RJordan wrote: »

The BMW has recalls in europe but not in UK . There is BBC report here
bbc.co.uk/programmes/articles/23p5j5wzPtYflS7kFvmKVZf/bmw-deny-engine-failures-are-due-to-manufacturing-fault
Cannot post full URl add http://
Also i found somewhere the BMW manufactory report and recall . I can dig up and find it. In the UK BMW did not recall any cars . The report says there is manufactory design fault but they blunt it in UK

BMW says that the timing chain design is meant to be for life and never need changing like other cars. The timing chain is on the back of the engine and cost over £3000 to change it if need it where normal car is approx £200

Here is another BBC report bbc.co.uk/news/business-44068042

I didn't get recall letter. I found out after that and research the issue. I spoke to BMW manufacture but they said the car is out of warranties.

Just because they didn't recall it doesn't mean you're out of luck.

You can argue that it's an inherent fault if you wish.

RJordan

Sale of Goods Act says
"Your rights are against the retailer (the company that sold you the product), not the manufacturer, so you must make any claim against the retailer.
However, the Sale of Goods Act doesn’t apply to goods you've bought on hire purchase."

It means the claim can be taken against the finance company not the retailer. The options you have is claim a reduction of the price or money back.
It sound very complicated the car broke in september 2017 and was nearly 5 years old. I pay the finances nearly 4 years but stop paying after that as run out of pocket buying a new car plus the expenses around the BMW
Not sure if worth to do any claim against the finance company

username901

Interesting you chose to buy another BMW.


5 years is pretty good for German engineering nowadays, so I'd say the chain has loved up to its commitment.

If you have full BMW service history you might get some goodwill.

If it was me I would have trailered it to a remote car park somewhere and set fire to it.