**Mis-sold car **. Sold car that turns out to have been involved in accident and repaired poorly

caprikid1

" I guess is to ask BMW to repair it to the correct standard? "

Never going to happen unless they pay, why would BMW repair it.

Too much time has elapsed to do anything, it cannot be proven when the repair was done.

SaverRate

caprikid1 said:

" I guess is to ask BMW to repair it to the correct standard? "

Never going to happen unless they pay, why would BMW repair it.

Too much time has elapsed to do anything, it cannot be proven when the repair was done.

I never said BMW would do it for free!

MEM62

Th02msn said:

Upon visiting BMW we were gobsmacked to be told that our car had sustained frontal damage at some point and it was clear repairs had been made (and too a very poor standard).  

But to a sufficiently good standard that you had not noticed or had any issues in two years of ownership.  

Th02msn said:

In the mean time we have decided not to use the vehicle from a H&S point of view.

Why?  This makes no sense.  If it has been fine for two years it is not going to fall apart now.

Your challenge is that you have had the car for a long time and it has not given you any issues.  One possible avenue of enquiry (and maybe last chance saloon) might be the HPI check.  Did you have one done and, if so, what did it say?    

Jenni_D

Th02msn said:

Was advised to post in motoring section to see if anyone could help further.

Were you? I looked through the other thread (from mid-September) and can't see anyone saying that.

Grumpy_chap

Jenni_D said:

Th02msn said:

Was advised to post in motoring section to see if anyone could help further.

Were you? I looked through the other thread (from mid-September) and can't see anyone saying that.

Post 5 in the other thread:

the_lunatic_is_in_my_head said:

There is one point from MalMonroe's post which is correct, that When selling a car, traders are not allowed to mislead you by failing to disclose that the vehicle was previously damaged in an accident.  

An omission is classed as misleading if it would alter the economic activity of the average consumer (a car being in an accident would certainly fall under this) and is prohibited. 

As Aylesbury says the issue is burden of proof due to the timeframes. 

In any case you'd be required to mitigate (lessen) your losses so following the ADR process would be the first step, if the result isn't satisfactory you'd be looking to calculate your losses which would likely be the difference in price in it's current value due to the accident and possibly poor standard of work carried out (plus the £100 costs incurred). 

Anything you can gather to show the work was carried out prior to your ownership would certainly be beneficial. 

There's no time limit to claim with a retailer that the goods do not conform to the contract and whilst the retailer at this stage can choose to repair or replace this can't be forced by the consumer if disproportionately expensive or impossible, equally the remedy shouldn't cause significant inconvenience to the consumer.  

There is the right to a price reduction and retaining the goods (with the defects as they are) which is what a request for the difference in value would effectively be, demonstrating that figure would also be beneficial. This may be best all round as a new owner gets the car with damage disclosed, you would have your losses covered and the trader has a quick resolve and hopefully relatively small hit to their bottom line. 

Did you pay with any credit? Judging by the situation I assume you didn't take their Motorpoint Protect policy? 

Might be worth a post on the motoring board to see if anyone can advise what to expect from the ADR process and how this issue will affect the saleability and price of the car:

https://forums.moneysavingexpert.com/categories/motoring 

Not clear why it took the OP 6 weeks to do or why the OP is still unable to provide any further information or update about what they have done in the 6 weeks.

Jenni_D

Thanks - one line buried within a single post.  

NSG666

Th02msn said:

NSG666 said:

Write to the previous keepers to ask where the repairs were carried out - if they tell you at least you'll have proof that the car had been repaired prior to you buying it.

Thanks for commenting. Unfortunately - it would be near impossible to get the previous keepers details with data protection.

Ah things must have changed as the name and address of the previous keeper used to be on your V5 - I once used it to write to the previous keeper to ask about service history but that must have been 2015.

Nobbie1967

ontheroad1970 said:

k3lvc said:

Th02msn said:

NSG666 said:

Write to the previous keepers to ask where the repairs were carried out - if they tell you at least you'll have proof that the car had been repaired prior to you buying it.

Thanks for commenting. Unfortunately - it would be near impossible to get the previous keepers details with data protection.

Hence why when buying nowadays you ask to see the V5 prior to purchase and take a pic of it before it goes back to DVLA for keeper change

Illegal.  Same Data protection law.

Untrue, they would be covered by the domestic purposes exemption.

k3lvc

NSG666 said:

Th02msn said:

NSG666 said:

Write to the previous keepers to ask where the repairs were carried out - if they tell you at least you'll have proof that the car had been repaired prior to you buying it.

Thanks for commenting. Unfortunately - it would be near impossible to get the previous keepers details with data protection.

Ah things must have changed as the name and address of the previous keeper used to be on your V5 - I once used it to write to the previous keeper to ask about service history but that must have been 2015.

It has changed - hence why I always ask to see V5 to compare details with car and take some details - once it's gone to DVLA you've no access to previous details

ontheroad1970

k3lvc said:

NSG666 said:

Th02msn said:

NSG666 said:

Write to the previous keepers to ask where the repairs were carried out - if they tell you at least you'll have proof that the car had been repaired prior to you buying it.

Thanks for commenting. Unfortunately - it would be near impossible to get the previous keepers details with data protection.

Ah things must have changed as the name and address of the previous keeper used to be on your V5 - I once used it to write to the previous keeper to ask about service history but that must have been 2015.

It has changed - hence why I always ask to see V5 to compare details with car and take some details - once it's gone to DVLA you've no access to previous details

It is illegal to keep people's details on any kind of database without their consent.  The law doesn't differentiate as to commercial or private.  If you contacted me enquiring about a car I'd sold to a dealer you would get short shrift and no cooperation.  If I wanted tyre kickers calling, I'd take the premium of a private sale.