BMW Good will repair cost

Marky4040

Hi all could anyone provide any useful info on my situation.
I have a October 2015 plate 1 series which was out of BMW 3year new car warranty last October 2018. I did not buy it brand new but second hand from a big used car dealer.
The car has full BMW service history and still has a service pack on it and currently 44500 miles. I've had it for 10 months so 10 months past it's BMW 3 year warranty. Now he's the problem,

I noticed a noise from cold start up a month ago, took it to BMW they said it needs a new gear box at a cost of £4500 !!! I discussed with them if they thought it was reasonable to have to replace that part at not even 4 years old with a full history, low mileage and in immaculate condition (They said this),.

They said no it's not usual and they will ask BMW UK to contribute toward the cost. BMW UK have come back and said they will pay 80% part cost but I pay 100% labour which means I pay £1570 on top of the £575 I've already paid to diagnose the problem (They had to take the gearbox out then put it back in).

Now wear do I stand in relation to rejecting their "good will" offer and asking them to contribute more and the sale of goods act ? Should I ask them to pay more towards the cost of replacement or point out since their offering to pay then by default their acknowledging liability and therefore the sale of goods act comes into play? Goods unfirbfor purpose.

neilmcl

The Sale of Goods Act was replaced back in 2015 by the Consumer Rights Act. Also, it only applies to the parties to the contract of sale, ie, yourself and this "big used car dealer". BMW have absolutely no legal obligation to you so goodwill is all you can expect from them and if you push too far you may find this goodwill disappearing.

DUTR

Good will is exactly that, they didn't have to offer anything, so it's next to pointless trying to get into a Goliath fight.
It does seem odd from noise on start up to new gearbox, but I guess if the car had been thrashed about then yeah anything can happen.

Brilley

..take the money and run, technically I don't think they need to offer you anything?

SHAFT

Marky4040 wrote: »

Hi all could anyone provide any useful info on my situation.
I have a October 2015 plate 1 series which was out of BMW 3year new car warranty last October 2018. I did not buy it brand new but second hand from a big used car dealer.
The car has full BMW service history and still has a service pack on it and currently 44500 miles. I've had it for 10 months so 10 months past it's BMW 3 year warranty. Now he's the problem,

I noticed a noise from cold start up a month ago, took it to BMW they said it needs a new gear box at a cost of £4500 !!! I discussed with them if they thought it was reasonable to have to replace that part at not even 4 years old with a full history, low mileage and in immaculate condition (They said this),.

They said no it's not usual and they will ask BMW UK to contribute toward the cost. BMW UK have come back and said they will pay 80% part cost but I pay 100% labour which means I pay £1570 on top of the £575 I've already paid to diagnose the problem (They had to take the gearbox out then put it back in).

Now wear do I stand in relation to rejecting their "good will" offer and asking them to contribute more and the sale of goods act ? Should I ask them to pay more towards the cost of replacement or point out since their offering to pay then by default their acknowledging liability and therefore the sale of goods act comes into play? Goods unfirbfor purpose.

BMW have offered a goodwill gesture so why not take it, your consumer rights lie with the dealer who sold you the car.

chrisw

You need the garage on your side arguing your case. There's no harm in asking them to push BMW for more, although they are under no obligation to do so. The diagnosis should also fall under the 80% really.

As a sort of comparison, I got a good will contribution of 90% for parts and labour for a new engine and clutch on my 5 year old Volvo (10k so still cost me a grand!). This was purely down to the negotiating efforts of a particular dealer employee. A different dealership or individual could have resulted in a different outcome.

MEM62

Marky4040 wrote: »

Hi all could anyone provide any useful info on my situation.
I have a October 2015 plate 1 series which was out of BMW 3year new car warranty last October 2018. I did not buy it brand new but second hand from a big used car dealer.
The car has full BMW service history and still has a service pack on it and currently 44500 miles. I've had it for 10 months so 10 months past it's BMW 3 year warranty.
No warranty offered by the garage that you purchased it from?
Now he's the problem,

I noticed a noise from cold start up a month ago, took it to BMW they said it needs a new gear box at a cost of £4500 !!! I discussed with them if they thought it was reasonable to have to replace that part at not even 4 years old with a full history, low mileage and in immaculate condition (They said this),.

The fact that the car is 'immaculate' as you put it does not mean that it has not been abused mechanically.

They said no it's not usual and they will ask BMW UK to contribute toward the cost. BMW UK have come back and said they will pay 80% part cost but I pay 100% labour which means I pay £1570 on top of the £575 I've already paid to diagnose the problem (They had to take the gearbox out then put it back in).

BMW can be very generous with their goodwill gestures and you got a good result - particularly as you didn't buy it from a BMW dealer.

Now wear do I stand in relation to rejecting their "good will" offer and asking them to contribute more and the sale of goods act ? Should I ask them to pay more towards the cost of replacement or point out since their offering to pay then by default their acknowledging liability and therefore the sale of goods act comes into play? Goods unfirbfor purpose.

You stand nowhere. BMW have no contractual obligation to you and have already been very generous. Instead of rejecting their offer you should be biting their hand off to take it. Rejecting it is, frankly, extracting the urine.

As already stated, if you want to go down the road of making a case under Consumer Rights you should argue that with the supplying dealer - not BMW. Personally, I think you may struggle with that but if you feel you have a case go for it.

......................................

Marky4040

Thanks for all the replies i just find the whole situation upsetting having to pay a couple of thousand to pay for a major part you just wouldn't expect to be replacing this early in the life of the vehicle.
The BMW dealer in fairness have been on my side and agreed since the vehicle has been fully serviced by them, is in excellent condition and is only 10 months out of warranty, a customer shouldnt really be in this position.

Im going to go back to the used car dealership (3 month warranty now expired) explain the situation and see if they can also contribute or even take the car back at part ex value.

The manager at BMW dealership said im unlikely to get an improves offer from BMW UK.

Clive_Woody

Marky4040 wrote: »

The BMW dealer in fairness have been on my side and agreed since the vehicle has been fully serviced by them, is in excellent condition and is only 10 months out of warranty, a customer shouldnt really be in this position.

Excellent, well ask them to cover the labour then (or do it at a massive discount).

photome

Clive_Woody wrote: »

Excellent, well ask them to cover the labour then (or do it at a massive discount).

Not likely to happen as the OP didn’t buy it from them

Clive_Woody

photome wrote: »

Not likely to happen as the OP didn’t buy it from them

It's almost as if they were so supportive just so the OP brings his car to them and pays them to do the work.....