Used car faults from dealership within 6 months of purchase from used.

datmjd

Hi - I bought a used BMW with 18,000 miles on it from a BMW dealership in Sept 2021. After a day it developed a check engine light issue - as the dealership I bought it from was 200 miles away they said to take it to my local BMW dealer for repair.

The repair took 2-3weeks due to a software error, and a fix for the DPF filter.

I was advised that there should be no more faults and for the problems they gave £250 in holiday vouchers which at the time I was happy with as I loved the car as a whole.

We talked about the warranty period explaining that should any more problems arise there would be discussions of extending it.

In November the car was due a follow up to make sure everything was running fine, but a week before going in again - another check engine light came on. The garage said it was just a sensor tripping that had failed to turn off, but said just check everything was running fine which it was.

Towards the end of December, another check engine light - which I booked for 3 weeks later. The car has now been there since Feb 2nd again going through diagnostic etc - the garage was replacing a DDE on the recommendations of BMW but so far the fault remains.

I have been onto the original dealership who have spoken to BMW and have offered to extend the warranty to 2023. 

What options do I have? I love the car but is it just me being stupid? What are my options on getting this resolved and maybe refunded? Part of the payment for the car was using credit card, but I have paid for it fully so it is not on any BMW finance.

Thanks

Jenni_D

As there has been more than 1 repair attempt and the goods still fail to conform to contract, then you are eligible to exercise your Final Right To Reject the goods either for a refund (which will be reduced based on the number of miles you've added) or for a price reduction. (This is per the Consumer Rights Act 2015). So it's up to you how you wish to approach this.

What was the total purchase price for the car? Less than £30k? If yes then you still have Section 75 protection as you paid part of the contract value by credit card - it doesn't matter that the balance is fully paid off.

datmjd

Thanks for the reply @Jenni_D - the cost of the car was just under 40k so guessing Section 75 would be of no use?

Will speak to the dealership tomorrow morning if I have had no response from the repair place. Hoping to go down the refund route subject to the value not being decreased too much.

Jenni_D

How many miles have you put on it? A charge of more than 20p per mile is probably unreasonable, given that lease excess mileage charges are usually way less than that.

Bear in mind that used prices are through the roof at the moment, so any significant deduction is probably unwarranted.  

datmjd

Hi @Jenni_D - sorry for the delayed response - I have been away with work.

I can't remember exactly but I think I have put 3.5k miles since buying it.

I informed the garage yesterday that I want to hand it back so they are looking into options. They said they will need to wait for it to be repaired though as it is still in the other BMW dealership - is this normal?

For now they are trying to find a car that matches the spec that I bought as when looking for one I was after very specific features. They are going to call tomorrow to discuss further. They also said they will speak to BMW for further assistance.

Thanks for your help so far!

Jenni_D

If you wish to return for a refund (reduced per my previous post) then whether or not it gets fixed elsewhere is largely irrelevant - although it would be your responsibility to get the vehicle returned to the selling dealer.

From what you've said though it sounds like they're trying to be fair.

Anthony147

You’ve already been given really good advice so my tuppence is only about the next steps and you being clear on what you want to happen as if the dealer intended or wanted to refund - They don’t need to speak to BMW, look at alternative cars or wait for it to be fixed.

I’m cynical but I think they are looking to repair and goodwill (free service), Replace with alternative car from group or central BMW stock and are not considering a refund as a course of action - If that’s not what you want, you’ll need to tell them so.

Jenni_D

Perhaps. But as I said before (and implied re. choice) ... it was the OP's choice to buy a vehicle from a seller 200 miles away. If the OP wishes to take a refund then it is their responsibility to get the vehicle back to the seller, so they also need to bear that in mind - if the vehicle isn't driveable then they'd have the cost of a low-loader or tow truck to factor in too.

SaverRate

If it were me I would get rid of the car as soon as possible - either sell it (you may make some money in the current climate or reject it and return it to the dealer you brought it from). It may have a warranty until 2023 but what about any faults after that. 

datmjd

Cheers for the responses everyone - still awaiting the call from the dealership.

The car is still in the garage now going through a dpf filter fix which was already carried out when it first went in.

Good times!